Maumgyeol Mini Terms and Conditions

Chapter 1. General Provisions Article 1 [Purpose] The purpose of these Terms and Conditions is to prescribe basic rights, obligations, responsibilities, and terms of service use between "Members" and "Company" for the use of Maumgyeol Mini Service (Mobile app service, “Service”) provided by Bwave Co., Ltd. (“Company”). ________________________________________ Article 2 [Definition of Terms] The terms used in these Terms and Conditions are defined as follows. The definition of terms in these Terms and Conditions other than those defined in each item shall be in accordance with the relevant laws and regulations and service guidelines. 1. Maumgyeol Mini: A mobile app service that collects, processes, and analyzes bio-signals (PPG) used in information and communications network under Article 2, Paragraph 1, Item 1 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection," and produces or processes them in an electronic form to increase utility for better preservation and usage. 2. Company: Those engaged in economic activities related to mobile app services that provides Maumgyeol Mini Service (including Web, Mobile Web•App Services, etc.); In these Terms and Conditions, refers to Bwave Co., Ltd. 3. Member: A person who has formed a contract with “Company” for use of services, who receives notice of information from “Company,” and who can use services provided by “Company” 4. Institutional member: “Company” may provide services to individuals, such as executives and employees of companies or organizations, through separate contracts with companies or organizations, and defines individuals who use services provided through such contract methods as corporate members. 5. Account: A combination of letters, numbers, and special characters issued for the purpose of identifying “Member” information so that the “Company” can manage the identity, login, information modifications, payment information, etc. of the “Member” when they sign up. 6. Post: Information or data in the form of text, images, voice, videos, links, etc. that a “Member” generates while using service 7. Paid service: Among services provided by the “Company,” the services that can be used when the “Member” pays a certain amount to the “Company” or accepts the transaction or consent terms with the “Company” or a third party. 8. Subscriber: “Member” using “Paid service.” The “Company” can provide different services to “Subscription members” and “Non-subscription members.” 9. Payment: Paying a certain amount to the “Company” using various payment methods in order to use the “Paid service” provided by the “Company.” 10. Subscription: A method of using “Paid service” where the usage fee for the monthly/annual period is regularly paid and the period of use is automatically renewed through a payment method registered in advance by the “Member” to use the “Paid service.” If “Members” cancel "Subscription," they can use the "Paid service" for the remaining period of use of the "Payment service," and payment will not automatically recur on the next period of use. 11. Cancellation of Subscription: Cancellation of “Payment” of the “Paid service” by the “Member” to stop using the “Paid service.” If “Members” apply for “Cancellation of Subscription,” this automatically cancels the “Subscription.” Refunds regarding “Cancellation of Subscription” will be processed pursuant to these Terms and Conditions. 12. Subscription tickets, coupons or gift certificates: The tickets to use the “Company’s” "Paid service," which can be issued online or offline, and method of use will be explained on the "Subscription tickets," "Coupon," or “Gift certificate" page. ________________________________________ Article 3 [Compliance with Laws] “Company” shall provide “Maumgyeol Mini” Service to “Members” in accordance with the following regulations: "Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.," "Act on Fair Labeling and Advertising," "Act on the Regulation of Terms and Conditions," "Act on Promotion of Information and Communications Network Utilization and Information Protection," "Copyright Act," "Personal Information Protection Act," "Youth Protection Act," "Contents Industry Promotion Act," and "User Protection Policies" as determined by the Minister of Culture, Sports and Tourism. ________________________________________ Article 4 [Interpretation of Terms and Conditions] Matters not prescribed in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the "Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.," "Act on Fair Labeling and Advertising," "Act on the Regulation of Terms and Conditions," "Act on Promotion of Information and Communications Network Utilization and Information Protection," "Copyright Act," "Personal Information Protection Act," "Youth Protection Act," "Maumgyeol Mini Contents Industry Promotion Act," "User Protection Policies" as determined by the Minister of Culture, Sports and Tourism, and other relevant laws or regulations. ________________________________________ Article 5 [Effect and Modification of Terms and Conditions] ① The “Company” shall notify the “Member” of the contents of these Terms and Conditions by the service page. ② The "Company" shall notify the “Member” of the contents of these Terms and conditions, the trade name, name of the representative, location/address, contact number, e-mail address, business registration number, mail order registration number, and privacy protection officer on the service page. These Terms and Conditions can be made available to the “Member” through a separately linked page. ③ The “Company” may revise these Terms and Conditions to the extent that it does not violate the relevant Acts, such as the “Act on Promotion of Information and Communications Network Utilization and Information Protection,” “Contents Industry Promotion Act,” “Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.,” and “User Protection Policies” as determined by the Minister of Culture, Sports and Tourism. ④ When the “Company” revises these Terms and Conditions, the “Company” clearly notifies the existing Terms of Conditions, revised Terms of Conditions, effective date of the revised Terms and Conditions and the reason for revision for a considerable period from 7 days before the effective date by the method referred to in Paragraph 1, and the revised Terms and Conditions shall go into effect on the effective date. However, when the revised contents are disadvantageous to the “Member,” the Company clearly notifies them for a considerable period from 30 days before the effective date on the service page and by sending notifications to their e-mail address or contact number in ways such that the “Member” can reasonably be made aware of the revision. ⑤ Unless the “Member” explicitly refuses to accept the aforementioned modification within a set period despite the “Company’s” notification, the “Company” shall presume the “Member’s” consent thereto. If the “Member” does not agree to the revised Terms and Conditions, the “Member” may terminate the service contract. ⑥ These “Terms and Conditions” will be effective from the date of consent from the “Member” to the date of membership cancellation. These “Terms and Conditions” remain in force from the date when the “Member” consents hereto until the date when the “Member” withdraws therefrom. However, part of the provisions hereof may remain effective after the foregoing withdrawal. ⑦ The “Company” takes technical measures to allow “Members” to print and view these Terms and Conditions in printed form. ________________________________________ Article 6 [Notification and Announcement to Members] ① When the “Company” has to notify “Members,” individual notifications shall be sent to their registered email address or mobile phone number, or sent via pop-up and alerts through the mobile app. In circumstances that “Members” have not registered their contact information, changed their contact information, deleted the mobile app, or do not use the mobile app that makes it difficult for individual notification, the “Company” can instead post Notification for all Members on the company notice board for no less than seven (7) days. ② The “Company” can replace individual notification mentioned in the previous paragraph by posting Notification for all “Members” on the company notice board for no less than seven (7) days. However, any notification that may gravely affect “Members”’ conditions shall be individually sent via the method mentioned in the previous paragraph. ________________________________________ Article 7 [Company Obligations] ① The “Company” will not do anything contrary to the laws and these Terms and Conditions and will strive to provide continuous and stable services. ② The “Company” shall adopt and operate security measures appropriate for the current level of development of Internet security technology and the nature of the service provided by the “Company” so that “Members” can use the service safely. ③ When provision of normal service is not possible due to national emergencies, blackouts, equipment failure and/or traffic overload, the “Company” may restrict or suspend parts or all of “Maumgyeol Mini.” However, restriction or suspension of service due to any of the foregoing reasons, including the expected period of restriction or suspension, shall be announced to the “Member” before or after the event. ④ The “Company” shall incorporate any feedback or resolve any complaint received from “Members” who use the service if found justifiable. However, if immediate resolution is difficult, the “Company” shall notify the “Member” of the reason and expected date of resolution. The resolution procedure shall be notified to the “Member” using the “Company’s” notice board. ⑤ The “Company” compensates for damages incurred to the “Members” by violaton of the “Company’s” obligations under these Terms and Conditions. ________________________________________ Article 8 [Protection and Management of Personal Information] ① The “Company” shall collect minimum required personal information from the “Member” for provision of “Maumgyeol Mini” Service. ② When the “Company” collects personal information of the “Member,” the consent of the relevant “Member” shall be obtained. ③ The “Company” shall not use the information provided by the “Member” and information collected pursuant to paragraph 1 for other purposes or provide it to a third party, and in case of violation, the “Company” shall be responsible for all such violations. However, exceptions are made in the following cases. 1. When the information is provided in pseudonymized form to be used for statistics, scientific research or market research so that the information subject cannot be identified 2. When the information is necessary for settlement of charges in accordance with the provision of the “Maumgyeol Mini” Service 3. When the information is necessary for “Member” identification to prevent theft 4. Where there is an inevitable reason under the provisions of the Terms and Conditions or statutes ④ “Members” may arbitrarily withdraw consent given pursuant to paragraphs 2 and 3 of these Terms and Conditions at any time, but withdrawing consent for collection of information necessary for provision of service may restrict provision of service. ⑤ The “Company” strives to protect the personal information of “Members” as prescribed by relevant laws such as the “Act on Promotion of Information and Communication Network Utilization and Information Protection” Protection and use of personal information will be pursuant to the relevant laws and the “Company’s” privacy policy. ⑥ The “Company” shall bear no responsibility for exposure of the “Member’s” information caused by reasons attributable to the “Member” if there is no cause imputable to the “Company.” ________________________________________ Chapter 2. Membership Article 9 [Signing up as a Member] ① To use the “Company’s” service, “Members” can sign up for membership using their e-mail ID through the “Maumgyeol Mini” application site. However, if e-mail ID cannot be used, a separate means of membership can be allowed according to the “Company’s” exception policy. ② If the “Member” is a minor under the age of 14, he/she can join membership after obtaining parental consent. ③ “Company” shall deem “Members” to have agreed to these Terms and Conditions if they click on the “Agree” button on the membership page or start using the service, and shall accept application for membership to form membership contract. ④ Before joining membership, the “Member” shall be aware of the notices the “Company” has posted regarding the “Paid service” and supporting devices in advance, to ensure that the contract can be formed seamlessly without mistakes. ⑤ When the “Company” receives an application for membership, it shall confirm the contents of the application and accept it without delay. However, the “Company” may withhold or refuse consent of membership for reasons outlined below, and may terminate the service contract. 1. If the “Member” had previously lost membership under these Terms and Conditions 2. If the “Member” has personated a false identity of another person 3. If a “Member” under the age of 14 fails to complete or falsely performs necessary procedures, such as obtaining consent from a legal representative 4. If the “Member” provides false information or does not provide information requested by the “Company” 5. If approval is not possible due to reasons attributable to the “Member” 6. If an application is filed in violation of the relevant statutes and other provisions 7. If provision of services is not possible due to the absence of necessary technology and equipment ⑥ This service use contract is established when the approval of the “Company” reaches the “Member.” ⑦ Depending on the type of “Member,” the “Company” can request real-name and identity verification via a specialized agency. ⑧ The “Member” can access his/her personal information and revise it at any time on the Personal Information page ⑨ “Members” are required to update their information if changes are made to their information since joining membership through the web/app or notify the “Company” of the changes through the Customer Service center. The “Company” is not responsible for any disadvantages caused by not notifying the “Company” of the changes. ________________________________________ Article 10 [Member Obligations] ① “Members” must modify their information through the “information modification” menu when there are changes to their information. The “Member” is responsible for any disadvantages caused by not changing the information. ② Information necessary for log-in can only be used by the “Member” and shall not be shared with a third party. If “Members” become aware of a third party using their information, they should immediately notify the “Company” and follow the guidance of the “Company.” ③ The “Member” shall not engage in any act that infringes copyright, such as copying, selling, editing, exhibiting, distributing, or broadcasting all information and results provided by the “Company” without the prior consent of the “Company.” ④ “Members” shall comply with the relevant statutes, the provisions of these Terms and Conditions, guidelines for use, and matters notified by the “Company” and shall not interfere with the business of the “Company” or do any of the following. 1. Enter false facts while applying or modifying the Service Use 2. Access the system in an abnormal way in the process of participating in events, or interfering with stable Service operation 3. Collect, store and/or disclose other person's personal information or personate a false identity of other people 4. Provide information of “Members” to others without the consent of the “Company,” allowing others to use the “Company’s” services, or transferring the right to use the service or other contracted status to others 5. Use services through abnormal channels, such as the use of illegal programs that override technical security measures in violation of the Copyright Act 6. Copy, alter, distribute, sell, transfer, lend, secure or allow others to use the Service or part of software thereof without the “Company’s” consent; and/or copy, disassemble, imitate or transform the Service including reverse-engineering of software or any attempt to extract source code 7. Impersonate the “Company’s” operators, executives and employees, impersonating the “Company,” or steal related information 8. Change or transmit information posted to the service by the “Company” 9. Infringe intellectual property rights such as copyrights, trade secrets, patent rights, etc. of the “Company” and other third parties 10. Disclose the services provided in a public place instead of using the services for private purposes, or use them for profit purposes 11. Circulate false information about the “Company” or the “Company’s” services to provide oneself with proprietary benefits, or use the service in abnormal ways 12. Harass, threaten, or injure the reputation of the “Company,” other “Members,” or a third party 13. Disclose or post lewd, violent, or other information against public order and/or good morals and manners 14. Interfere with work by using abusive language, sexual harassment, and repeated complaints when making inquiries to the customer service center 15. Illegal acts 16. Other acts that interferes with the “Company’s” sound service operation ⑤ If “Members” take action in any of the aforementioned acts, the “Company” may take appropriate measures, such as placing restrictions on the “Member’s” use of services including suspension of service or termination of contract, and file complaints with investigative agencies, depending on the severity of the violation. ⑥ The “Member” shall not conduct sales/advertisement activities contrary to the purpose and method of use set by the “Company” without prior consent of the “Company,” and the use of the “Member’s” service shall not infringe the “Company’s” property rights, goodwill or business model. ⑦ The “Company” shall not be liable for any problems arising from the breach of the obligations set forth in this section by the “Members.” ________________________________________ Article 11 [Provision of Information and Publication of Advertisements] ① The “Company” can post advertisements using the information entered by the “Members” regarding service operations. “Members” agree to publishing of customized advertisements during service use. ② The “Company” can provide various information deemed necessary during the use of the service to “Members” by means of mobile applications, notices, etc., and if the prior consent of “Members” is obtained, such information can be provided by means of e-mail, etc. However, the “Member” can choose to stop receiving such information via e-mail, etc. at any time. ③ The “Company” shall not be liable for any loss or damage caused by the participation, communication, or transaction of the “Members” in promotional activities of advertisers through the service. ④ “Members” can reject advertisements at any time through the Settings menu, except for transaction-related information and answers to customer inquiries under the relevant laws and regulations. ________________________________________ Article 12 [Withdrawal and Suspension of Membership] ① The “Member” may request to withdraw from membership at any time, and the “Company” will immediately process the request for termination of the membership contract. ② “Members” are not allowed to use previously measured data or downloaded result reports, “posts,” and various membership points after leaving membership. The “Company” shall not be held responsible if “Members” fail to take measures to preserve their information even after the “Company” has guided them on how to preserve or delete their information. ③ The “Company” shall restrict or suspend the “Member’s” service if a case falls under any of the following. 1. Enter false fact while applying or modifying the Service Use for “Maumgyeol Mini” 2. Threaten e-commerce order, such as interfering with other’s use of services or personating their identity 3. Join membership by fraudulent means, such as using the information of another person 4. Use, transmit, or publish information (such as computer programs) prohibited by the “Company” 5. Infringe intellectual property rights such as copyrights, etc. of the “Company” and other third parties 6. Injure the reputation of the “Company” or third parties, or interfering with their work 7. Engage in acts against public order and/or good morals and manners or prohibited by these Terms and Conditions while using the “Company’s” service 8. Override technical security measures of the “Company” 9. Use the service provided by the “Company” for purposes other than its normal use or in an unreasonable manner 10. Abnormal abuse of service for the purpose of interfering with the “Company” business 11. Violate each subparagraph of Article 10 (4) of these Terms and Conditions ④ If the same action is repeated more than once or the reason is not corrected within 30 days after the “Company” restricts/suspends the “Member’s” membership, the “Company” may take away the membership. ⑤ If the “Company” takes away the “Member’s” membership, the “Company” cancels the “Member’s” registration. In this case, the “Member” shall be notified, given an opportunity to explain at least 30 days prior to the cancellation of the “Member’s” registration, and if the “Member’s” explanation is justified, the “Company” shall immediately restore the “Member’s” status. However, if the explanation is not made during the period set by the “Company,” it shall be considered as consent to cancel the “Member’s” registration. ________________________________________ Chapter 3. Service Article 13 [Service Provision and Usage] ① The “Company” provides the service from the time it accepts the “Member’s” application for membership. However, for some services, the service starts on a designated date, and for “Paid service,” the service starts after payment is completed. ② The “Company” may provide “Members” with a free trial period for service use. ③ The “Company” exerts every effort in providing the Service 24/7/365 (00:00-24:00) unless not allowed due to the “Company’s” business or technical difficulties. ④ The services provided by the “Company” shall be used only for personal and non-commercial purposes and shall not be shared with others, even if they are for non-commercial purposes, unless otherwise agreed by the “Company.” ⑤ The “Company” may modify, change, or suspend part or all of its services in accordance with the “Company’s” business plan and service operation policy, and shall not compensate “Members” unless otherwise specified in the relevant laws and regulations. However, if judged to be disadvantageous to the “Member,” a notice will be sent via phone, e-mail address, and in-app notification. ⑥ If a “Member” accesses the “Company” site through a wired/wireless network, uses all services through the “Company’s” application installed in the device connected to the wired/wireless network, or uses all services of the “Company” abroad, a separate data call fee will be incurred by the “Member’s” phone plan. The data call fee is separate from the “Paid service” and the “Company” is not responsible for the data call fee. ⑦ The “Company” may have a separate policy for “posts” in addition to these Terms and Conditions regarding service use. This limits the maximum number of days the contents of the “post” is saved on the service server, as well as data size and maximum number of device connections. The “Company” shall not be liable for the failure to delete or store “posts” or other published content stored in the service without cause attributable to the “Company.” ⑧ The “Company” shall provide services worldwide under these Terms and Conditions, and the laws of the applicable country may take precedence over these Terms and Conditions outside of Korea. ________________________________________ Article 14 [Renewal of Contract and Subscription] ① The “Company” notifies the “Member” and obtains consent in advance on the payment page if the free trial period of “Maumgyeol Mini” expires and converts to “Paid service.” ② If the “Company” wishes to renew the “Paid service” contract, it shall notify the “Member” and obtain consent in advance on the payment page. ③ If the “Company” fails to obtain the “Member’s” consent pursuant to paragraph 1 or 2, the “Maumgyeol Mini” service use contract expires upon expiration of the free trial period or expiration of the contract period. ________________________________________ Article 15 [Modification, Suspension, and Compensation for Damage, etc. Regarding Service Use] ① In case of a serious defect in which the normal use of “Maumgyeol Mini” is difficult, the compensation for damage, etc. shall be made to the “Member” as follows. 1. The “Company” shall resupply the full service. 2. If the “Company” fails to provide the full service again within 24 hours, it will pay for damages within the limit of the amount paid by the “Member.” ② If normal use of “Maumgyeol Mini” is possible but with minor defects, the compensation for damage, etc. shall be made to the “Member” as follows. 1. The “Company” shall resupply the full service of “Maumgyeol Mini.” 2. If the “Company” fails to provide the full “Maumgyeol Mini” service again within 24 hours, it will pay for the amount corresponding to the defect as compensation for damages, within the amount paid by the “Member.” ________________________________________ Article 16 [Notification of restrictions on service use environment and download, etc.] ① The “Member” must use the service only through the mobile app viewer provided by the “Company,” and if it is used through an abnormal route, the “Company” can restrict the “Member’s” service use and charge the “Member” with compensation for any damages that occur. ② The “Company” notifies “Members” that service may be limited when mobile phone service is limited (overseas, no cell service regions, or prior to and termination of mobile phone service), and “Members” cannot request a refund for this reason. ________________________________________ Article 17 [Attribution of rights and use of works] ① “Members” own copyrights to text, images, audio, video, and links (“posts”) they create in the process of using the service, and all responsibilities arising from infringement of other people's intellectual property by these “posts” also shall be with the “Members.” ② The “Company” can modify or edit the “post” of the “Member” or create secondary content from them after obtaining the “Member’s” consent, and the “Member” can delete the “post” at any time. ③ If a “post” created by a “Member” violates relevant laws such as the “Copyright Act” or is deemed to violate the rights of others, such as privacy infringement or defamation, the “Company” may temporarily block or delete access to the “post.” ④ The copyright for all services created and provided by the “Company” is with the “Company.” ⑤ The “Company” shall not grant a “Member” the right to use the trade name, trademark, service mark, logo, domain name and other distinctive brand characteristics of the Service unless it has entered into a separate written agreement with the “Member” to grant the right to use the brand characteristics of the service. ⑥ The posting of a “post” on the service by a “Member” is deemed to have allowed another “Member” to use the “post” within the service or the “Company” to use it as a search result. However, “Members” can take measures to protect the “post” within the service such as setting privacy options for “posts” through the Settings menu. ⑦ The “Company” may change•transfer the location of a “post” for reasons such as the “Company’s” service policy or integration of services provided by the “Company,” and in such cases, it shall be notified to the “Member” in advance. ________________________________________ Article 18 [Program Installation and Data Collection] ① The “Company” can guide the “Members” to install and update applications and separate programs if necessary to provide services. However, if the “Member” does not want to, or if the device does not support the service, the “Member” may refuse to install or update the application/program but their service use may be restricted. ② The “Company”-provided program is intended only to enable the “Member” to use and benefit from the service, and no part of this program can be copied, modified, distributed, sold, or rented. However, an exception may be made only for this matter if the “Member” has legal grounds or has received consent of the “Company.” ③ The “Company” may collect and use data from the service device with the prior consent of the “Members.” However, the “Company” may use the collected information only for the purpose of improving services and providing appropriate services, and will not use it for any other purpose. ④ When installing an application to a “Member’s” smartphone, the “Company” can access the “Member’s” smartphone only for the following functions with prior consent. 1. Phone: Required permissions to control camera function when using other media apps during bio-signal measurement 2. Storage space: Required permissions to store the results report and to enable continuous access thereafter ________________________________________ Article 19 [Management of Posts] ① The responsibility and rights regarding “posts” written in the service by the “Member” lie with the “Member” who registered the “post.” ② The “Company” cannot monitor and manage the content created by the “Members” and shall not be held liable for them. ③ The “Company” is not responsible for and does not guarantee the reliability, integrity, and accuracy of the “posts” registered by the “Members.” ④ If the “post” of a “Member” contains content that violates relevant laws such as the “Act on Promotion of Information and Communication Network Utilization and Information Protection” and the “Copyright Act,” the right holder may request the suspension and deletion of the “post” in accordance with the procedures prescribed by the relevant laws, and the “Company” may take action in accordance with the relevant laws. ⑤ The “Company” may restrict the following “posts” if posted within the service. 1. If it offends others by invasion of privacy, defamation, abusive language, or profanity 2. If it offends others by impeding public order and morals and the degradation of a specific group, organization, or religion 3. If it infringes on the rights of others with unconfirmed or unfounded claims 4. In it infringes on the copyright of others 5. If it contains personal information of others 6. If it contains advertising/promotional content 7. Repeated publication of the same content 8. If it interferes with the “Company’s” provision of service due to malware, etc. 9. If it is deemed to have an unhealthy effect on the seamless use of services by other members ⑥ A “post” set as private by the “Member” is not accessible to anyone else, including the “Company.” However, the “Company” may allow other interested persons, including the “Company,” to view the “post” if requested to provide information from courts, investigative agencies, or other administrative agencies or if required by other laws. ⑦ If the “Member” terminates the membership contract, all “posts” created by the “Member” may be deleted. However, if a work is co-authored, the “post” may remain in the “post” of the co-author, and the “Company” shall not be held liable if the work is not deleted and reposted because it is stored by a third party or copied through unauthorized reproduction. ⑧ In order to protect other “Members” and use as evidence at the request of the court, investigative agency or related agency, the “Company” may preserve the ID and information of the “Members” who violate these Terms and Conditions according to the “Company’s” privacy policy and related laws. ________________________________________ Chapter 4. Use and Payment of Paid Services Article 20 [Paid Services and Paid Memberships] ① “Paid service” begins when the “Company” accepts the “Members” application for “Paid Service” (but for some services, a designated start date is announced in advance after receiving the application). However, if the “Paid service” cannot be initiated due to other circumstances such as the “Company’s” technical reasons, the “Members” shall be notified in advance in accordance with the method prescribed in Article 3 (Effect and Modification of Terms and Conditions). ② The “Company” notifies the “Member” of the contents of the application if there is an application for “Paid service.” ③ Upon receiving the notice aforementioned, the “Member” shall request the “Company” to correct or revise if there are any discrepancies with their intention, and the “Company” shall handle the matter as requested by the “Member.” However, if the “Member” has already made payment, the matter is then subject to the provisions on the cancellation of paid service in these Terms and Conditions. ④ The “Company” provides the following “Paid services” and may add or change the contents of the service depending on the circumstances of the “Company” and other conditions. 1. Subscription “Paid service”: A method of using “Paid service” where the usage fee for the monthly/annual period is regularly paid and the period of use is automatically renewed through a payment method registered in advance by the “Member” to use the “Paid service.” 2. Expired “Paid service”: A method of using “Paid service” where the use of “Paid service” will end when the period of use expires 3. Direct “Paid service”: A method of using “Paid service” where the “Members” directly pay for and use the “Paid service” provided by the “Company” ⑤ The “Company” may change the type of device that supports “Paid services,” the number of devices that can be used by each “Member,” and the number of real-time users at the request of “right holder, etc.” ⑥ If the “Member’s” “Paid service” is terminated, the “Members”’ results report information will be preserved for 12 months from the time of termination and permanently deleted, and restoration will not be possible after that period. ________________________________________ Article 21 [Paid Service Use Contract] ① The contract for “Paid service” is established when a “Member” who agrees to these Terms and Conditions applies for the “Paid service” and the “Company” accepts the application (when the “Purchase/Payment Completion, etc.” of the “Paid service” is indicated to the “Member”). ② The “Company” provides information about the following subparagraphs through the purchase page so that “Members” can accurately understand the following matters and form the contract seamlessly before paying for the “Paid service.” 1. The contents, price, period of use, method of use, conditions of termination and methods of “Subscription cancellation” and “Subscription,” refund, and matters related to the selection of “Paid service” 2. Confirmation of the measures taken by the “Company” for “Maumgyeol Mini” where subscription cancellation (refund) is not possible ③ The “Company” may refuse to accept or reserve the application for the use of “Paid services” due to reasons stated in Article 12 [Withdrawal and Suspension of Membership] of these Terms and Conditions. ④ When applying for use of “Paid service,” “Members” shall write information consistent with current facts and provide the “Company” with the exact payment information necessary for the payment method they want to use for the “Paid service.” ⑤ “Members” shall notify the changes in accordance with the procedures set by the “Company” without delay if the relevant matters under the preceding paragraph are changed, and “Company” shall reflect the changes without delay. ⑥ “Members” can use the “Paid services” only with the payment method designated by the “Company.” ⑦ The “Company” may set transaction limits such as cumulative monthly payments and payment limits per “Member” in accordance with changes in internal policies and external payment services (Android in-app payment, PG, banking, credit card companies, etc.) and other related laws. “Members” may not be able to use additional “Paid services” that exceed the “Company ’s” transaction limit. ⑧ Event mileage that the “Member” has received from the “Company” will not be refunded in cash, and will automatically expire if the “Member” terminates the membership contract or is restricted from “Member” status and 30 days from the date of receipt. ________________________________________ Article 22 [Special Provisions on Service Use Contracts of Minors] In principle, payment of a minor “Member” under the age of 14 must be made in the name of the guardian or with the consent of the guardian, and the guardian may cancel the contract of the child (minor) that has been made without the guardian’s consent. If a minor “Member” uses the social security number of an adult, etc. to make payment without consent and misrepresents him/herself as an adult to the “Company,” the contract cannot be canceled even without the consent of the legal representative. ________________________________________ Article 23 [Modification of Paid Services] ① The “Company” may change the value of “Paid service” supplied according to operational and technical needs, and shall notify “Members” of the “Paid service” in advance pursuant to the method prescribed in Article 5 (Effect and Modification of Terms and Conditions). ② The “Paid service” already purchased/subscribed by the “Member” can be requested for change according to the policy set by the “Company” and can be changed immediately or reserved for change 1 month in advance. ③ If the “Member”' selects immediate change in the preceding paragraph, the service will be replaced immediately with the service requested by the “Member.” However, the “Company” shall proportionally allocate the remaining period of the “Member’s” existing purchased/subscribed service and the price of the service requested to be changed, adjust the period of use, and apply a new payment cycle. ④ If the “Member” chooses to make a reservation for change under paragraph 2, the existing purchased/subscribed service will be available until the expiration date of the month requested by “Member” and changed to the service requested for change from the day after the expiration date. ⑤ “Paid services” paid through Apple and Google IAP(In-App-Purchase) may be sold at different prices based on Apple and Google's respective policies, taking into account handling fees. ⑥ If the “Company” provides “Paid service” to the “Members” via partnership, it will follow the policies of the affiliated company. ________________________________________ Article 24 [Termination of Paid Services] ① The “Paid service” in the form of “Subscription” can be canceled through the Settings menu and through the customer service center. If the “Member” cancels the “Subscription,” automatic payment for the “Paid service” will not occur from the next period of use. For the remaining period of use of the “Paid service” that has already been “paid,” the “Paid service” can be used normally. ② The “Member” may request a refund within 30 days from the date he/she became aware of the fact if the goods, etc., are different from the contents of the indication or advertisement, or if the goods are different from the contents of the contract. ③ In case of paragraph 1 or 2, “Members” can apply for “Cancellation of Subscription” or termination of “Subscription” at any time on the management page, customer service number/1:1 inquiry on the mobile app, and the “Company” will take actions accordingly in a swift manner as prescribed under the relevant laws and regulations. ④ Refunds are not possible if the “Member” requests a mid-term cancellation or refund after using the purchased goods or services. ⑤ The “Company” shall, in principle, request the operator of each payment method to suspend or cancel the payment within 3 business days from the date of receipt of the “Member’s” cancellation of subscription and refund it to the same payment method used by the “Member” if there is a refund amount. However, there may be differences in the refund method and refundable period for each individual payment method in the case where the “Company” has notified the “Members” in advance and in each of the following cases. 1. In the case of a payment method requiring payment confirmation, such as a credit card, within 3 business days from the date of payment confirmation 2. In the case of a refund that has passed the relevant deadline, where a business operator had set a deadline for suspension of payment or cancellation of payment in advance through an agreement with the “Company” 3. In the case that the “Member” has earned profits from the use of “Paid service”/Subscription, etc. or terminates the service in the middle of the service period 4. In the case that the “Member” does not immediately provide the “Company” with the information or materials needed to process the refund (e.g: In the case of a cash refund, if a copy of the applicant's bank account and ID card is not submitted, or if an account in the name of another person is provided, etc.) 5. In the case that there is an explicit expression of intention of the relevant “Member” ⑥ If the “Company” terminates the contract or restricts the use of the service pursuant to Article 12 [Withdrawal and Suspension of Membership], the amount to be refunded shall be deducted and refunded based on the refund criteria set forth in this Article. However, in this case, the “Member” may file an objection to the measure in accordance with the procedure set by the “Company,” and the “Company” shall immediately resume the use of the service if deemed justifiable. ⑦ The “Company” does not charge the “Member” with penalty or compensation for damages, and “Subscription cancellation” does not affect the penalty or compensation for damages However, the “Company” may charge a penalty for termination of a product for which the “Member” has agreed to use for the period. ⑧ A “Paid member” who intends to maintain the “Paid service” shall take measures in advance to prevent arrears of usage fees or overdue payment methods. ⑨ If the “Member” violates the preceding paragraph and fails to pay the usage fee of the “Paid service” while using the “Paid service” under monthly subscription according to the application or consent of the “Paid service,” the service may be automatically terminated on the day of arrears. ⑩ If the “Member” using “Paid service” terminates the membership contract, the “Paid service” will be terminated immediately, and the “Company” will refund the amount after deducting the number of days used by the “Member,” usage details, delivery fees, profits obtained through the service or product, and discounts. In this case, the “Company” handles information regarding the “Member” and the “Member’s” “Paid service” use in accordance with these Terms and Conditions, except as prescribed in relevant laws and regulations. ________________________________________ Article 25 [Payment of Fees and Refund of Overpayments] ① The “Member” must pay for the “Maumgyel Mini” according to the payment method suggested by the “Company.” ② If a “Member” makes an overpayment, the “Company” shall refund the entire overpayment in the same way as the payment. However, if it is impossible to refund the overpayment in the same way, the “Company” shall immediately notify the “Member” and refund it in the method chosen by the “Member.” ③ In the event of an overpayment due to the responsibility of the “Member,” the “Company” may deduct and refund the cost of processing fees for refunding the overpayment to a reasonable extent. ④ The “Company” must prove that there is no overpayment if it rejects the “Member’s” request for a refund of the overpayment. ⑤ The “Company” shall comply with the detailed refund procedures and other matters for overpayment as prescribed in the following subparagraphs. 1. If the “Company” or “Member” knows of an overpayment, notify the other party according to the method suggested by the “Company,” such as by e-mail or via the service website 2. The “Company” requests the “Member” for information necessary for a refund (the “Member’s” name, proof of payment, contact number, bank account for receipt of refund, etc.) 3. The “Member” provides the “Company” with the information necessary for the refund as outlined in subparagraph 2 4. The “Company” processes the refund within 7 days from the date of information provision of the “Member” (offset from the next rate if there is an expression of intention of the “Member”) ________________________________________ Chapter 5. Article 26 [Indemnification for Damage] ① The “Company” will compensate for any actual loss in service use caused by service defects that damage or delete “Paid Service” contents. However, the “Company” shall not provide compensation for damages to “Members” that occurred without the “Company” or “Company” employee’s intent or negligence. ② In the event of damage to the “Member” using “Paid service” due to reasons attributable to the “Company” not specified in these terms and conditions, the “Company” shall be liable for compensation in accordance with the provisions of relevant laws and regulations such as the “Privacy Policy of Maumgyeol Mini Users” and other related practices. ③ In the event of damage to the “Company” due to the “Member’s” violation of these Terms and Conditions, the “Member” is liable to compensate the “Company” for the damage. ④ If the use of the service is restricted or the use contract is terminated due to the negligence of the “Member,” the right to use all “Digital Maumgyeol Mini” held by the “Member” is lost and the “Company” is not obligated to return the purchase price of the “Digital Maumgyeol Mini.” ________________________________________ Article 27 [Limitation of Liability] ① The “Company” shall not be responsible for any obstruction in service use due to reasons attributable to “Members,” such as failure to comply with these Terms and Conditions, how to use the service, and standards of use. ② The “Company” is exempt from liability in the case of transactions between “Members” or between “Members” and third parties through services. ③ The “Company” may modify, suspend, or change some or all of the services provided free of charge for the “Company” policy or operational reasons, and shall not compensate for such reasons unless otherwise provided in the relevant laws and regulations. ④ The “Company” shall not be liable for damages incurred to the “Member” or a third party due to the following reasons. 1. In the case that provision of “Paid service” is not possible due to technical defects and other force majeure that are difficult to resolve including natural disasters, wars, suspension of services by key telecommunications providers 2. In the case that a “Member” neglects the management of his/her ID or password, etc. 3. In the case that the service cannot be used due to a failure in the public communication line other than the “Company’s” management area 4. In other cases due to a failure of communication services, etc. that are not attributable to the “Company” ⑤ The “Company” does not guarantee reliability and accuracy of information, data, and facts posted or transmitted by “Members” or third parties in the service, and is exempted from liability unless there is intentional or gross negligence of the “Company” or its employees. ⑥ The “Member” is responsible for any loss of data or information on the computer system caused by voluntary downloading or accessing of a particular program or information using the “Company’s” service. ⑦ The “Company” is not obligated to intervene in disputes arising from the service between the “Members” or between the “Members” and a third party. In the event of damage caused by this, the “Company” shall not be held liable unless there is intentional or gross negligence of the “Company.” ⑧ The “Company” shall not be responsible for the failure of the “Members” to obtain the expected utility from the use of the service and is exempted from liability for any damage caused by the choice or use of the service. ________________________________________ Article 30 [Competent Court] ① In case of any disputes arising out of or related to the use of the Service between the “Company” and “Member,” the “Company” and “Member” shall faithfully consult with the other Party hereto to resolve such issues, and unless the foregoing conflicts are settled, the Parties concerned may apply for dispute resolution to the Contents Dispute Resolution Committee under the “Contents Industry Promotion Act.” ② Unless the foregoing conflicts are settled according to the previous paragraph, the Parties concerned may file a lawsuit to a competent court, and the competent court of the “Company” and “Member” shall be determined based on each Party’s address or residence at the time of lawsuit, or determined under the Civil Procedure Act if the addresses are not available. [Addendum] 1. These Terms and Conditions become effective on December 1, 2023.