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TERMS OF USE

 

During the membership registration process, the Company requires Users to complete consent procedures for the Terms of Use and this Privacy Policy. By clicking the “I Agree/Pay Now” button, Users acknowledge that they have read and agreed to the Terms of Use, including the Refund Policy and this Privacy Policy, including the consent request accompanying.

 

1. PURPOSE

The purpose of these terms of use (these “Terms of Use”) is to set forth the terms and conditions governing the use of the educational and informational services (the “Service”) provided by Socra AI, Inc. (the “Company”), including the rights and obligations of the Company and its Users, the procedures and conditions for using the Service, and other related matters.  These Terms of Use also apply, to the extent not inconsistent with their nature, to e‑commerce conducted through PC‑based communications and smartphone applications, including Android and iOS applications.

 

2. DEFINITIONS

(1) When used in these Terms of Use, the following capitalized terms shall have the following meanings:

Cancellation” means the termination of the service use agreement for the Service by the Company or a Member after the Service has been activated and used.

Contents” means data or information expressed in the form of symbols, text, voice, sound, images, or video that are used in information and communications networks, as set forth in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Information and Communications Network Act”), and that are produced or processed in electronic form to enhance their efficiency in storage and use.

Data” means information generated as a result of all activities performed by a Member in the course of using the Service, including, without limitation, problem‑solving results, questions submitted, and other related outputs.

Member” means a User who has entered into a service use agreement for the Service with the Company, has been issued a Member ID, and is entitled to receive ongoing information from the Company and to continuously use the Services provided by the Company.  For the avoidance of doubt, a service use agreement for the Service shall be deemed entered into between the Member and the Company upon the Member’s agreement to these Terms of Use through use of the Service.  

Paid Member” means a Member who has paid the applicable fees to the Company in order to access paid or subscription‑based Services provided by the Company.

Personal Information” means information relating to a living individual that enables the identification of such individual, including information such as an email address, telephone number, or SNS information contained in such information.

Service” means  all services, functionalities, and activities made available by the Company, regardless of the type of wired or wireless device used to access them, and includes all Content provided by the Company.  In these Terms of Use, the Service may also be referred to as the “Service and Contents”.

User” means a Member or a non-member who accesses and uses the Service provided by the Company in accordance with these Terms of Use.

(2) Any terms not defined in this Article or elsewhere in these Terms of Use shall be interpreted in accordance with applicable laws and regulations and any service‑specific guidelines or policies provided by the Company.

(3) Any laws and regulations specifically referenced herein are the laws and regulations of the Republic of Korea.

 

3. EFFECT AND MODIFICATION

(1) These Terms of Use shall become effective when a User agrees to these Terms of Use, applies for membership, and such application is accepted by the Company.

(2) If the Company amends these Terms of Use, such amendments shall become effective with respect to existing Members upon notice given in accordance with Article 5.

(3) The Company may amend these Terms of Use where reasonable grounds exist; provided that such amendments do not violate applicable laws and regulations, including the Act on the Regulation of Terms and Conditions and the Information and Communications Network Act.

(4) If the Company amends these Terms of Use, it will specify the contents of the amendments and their effective date, and will provide public notice from at least seven (7) days prior to the effective date until a reasonable period after such effective date (or at least thirty (30) days in advance in the case of amendments that are disadvantageous to Users or involve material changes). In addition, the Company will notify existing Users of the amended Terms of Use, the effective date, and the reasons for the amendments (including an explanation of material changes) through separate electronic means, such as KakaoTalk messages, email, text messages, in‑service electronic messages, notices posted on the homepage, or in‑service alert notifications. The amended Terms of Use shall become effective as of the effective date announced or notified.

(5) When the Company provides public notice of, or notifies Members of, amended Terms of Use pursuant Paragraph (4) above, the Company shall also notify Members that if they do not agree to the amendments, they may terminate the service use agreement for the Service within seven (7) days from the date of such notice or notification (or within thirty (30) days in the case of amendments that are disadvantageous to Users or involve material changes), and that failure to express an intention to terminate within such period shall be deemed consent to the amended Terms of Use.

(6) Where the Company, in accordance with Paragraph (5) above, provides public notice of or notifies Members of amended Terms of Use and clearly states that a Member will be deemed to have consented if the Member does not express an intention within seven (7) days, any Member who does not expressly object within such period shall be deemed to have agreed to the amended Terms of Use.

(7) A Member’s agreement to these Terms of Use constitutes consent to periodically review the website for any changes to these Terms of Use.  The Company shall not be responsible for any damages incurred by a Member as a result of the Member’s failure to become aware of such changes.

(8) If a Member does not agree to the amended Terms of Use, the Company may request Cancellation (termination) of the Member’s membership.

 

4. MATTERS NOT PROVIDED FOR IN THESE TERMS OF USE

(1) Any matters not provided for in these Terms of Use, and the interpretation of these Terms of Use, shall be governed by the Content Industry Promotion Act, the Act on the Protection of Consumers in Electronic Commerce, Etc., the Act on the Regulation of Terms and Conditions, the User Protection Guidelines established by the Minister of Science and ICT, and other applicable laws, regulations, or customary practices.

(2) Any matters not provided for in these Terms of Use shall be governed by applicable laws and regulations or by the Company’s service‑specific individual agreements, operational policies, and rules (collectively, the “Detailed Guidelines”).  In the event of any discrepancy or conflict between these Terms of Use and the Detailed Guidelines, the Detailed Guidelines shall prevail.

 

5. NOTICE TO MEMBERS

(1) When the Company needs to notify Members, the Company may provide such notice through electronic means, including Tidio messages, email, text messages, in-service electronic messages, notices posted on the homepage, or in‑service alert notifications, or by posting a notice or pop‑up window within the Service.

(2) The Company may notify Members of coupons, products, events, or other items that are approaching expiration through KakaoTalk messages or other electronic means. The timing of such expiration notifications may vary among Members depending on the operational conditions of the Service.

(3) Where such notice is provided as set forth in Paragraph (2) above, if a Member does not indicate, in the manner prescribed by the Company, that the Member does not agree with the contents of the notice within seven (7) days from the time such notice is given, the notice shall be deemed to have been duly delivered to the Member and the Member shall be deemed to have agreed to its contents.

(4) Any Member not consenting to the contents of such notice may request membership Cancellation from the Company.

 

6. MEMBERSHIP AND APPLICATION FOR MEMBERSHIP

(1)  Membership ID will be created using the email address entered during the purchase process or the email address linked to the payment method. After the purchase, a guide on the commencement of use of the Service will be sent to the applicant by email.

(2) When registering for membership pursuant to Paragraph (1), a Member must provide the Personal Information necessary for the proper use of the Service provided by the Company.

 

7. MEMBERSHIP ACCEPTANCE

(1) Membership is accepted when the Company issues a membership ID to the applicant and simultaneously notifies the applicant of the commencement of use of the Service.

(2) The Company may refuse to approve an application for membership or may terminate the service use agreement after approval in any of the following cases:

(a) Where a membership applicant or a Member uses false or misleading information or uses another person’s name.

(b) Where a membership applicant or a Member provides false information, omits required information, or includes errors in the registration information.

(c) Where a membership applicant or a Member registers the same telephone number or email address already registered by an existing Member.

(d) Where a membership applicant or a Member uses or intends to use the Service for improper or unlawful purposes, including commercial or profit‑seeking activities not authorized by the Company.

(e) Where the application is found to be in violation of these Terms of Use or otherwise unlawful where such refusal or termination is otherwise deemed reasonably necessary by the Company.

(f) Where a membership applicant has previously lost membership status pursuant to these Terms of Use; provided, however, that this shall not apply if three (3) years have elapsed since such loss of membership and the Company has approved the applicant’s re‑registration.

(3) The Company may defer approval of an application for use of the Service until the relevant ground for restriction has been resolved in any of the following cases:

(a) Where the Company lacks available facilities or sufficient capacity to provide the Service.

(b) Where the Company experiences technical difficulties.

(c) Where an applicant for use of the Service is under the age of fourteen (14) or otherwise lacks legal capacity, and the application has been submitted without the consent of the applicant’s legal representative (including a parent), in which case the Company may refuse or suspend approval of such application.

(4) Any Member may use the Service only after providing the Member’s own email address and other information required for membership registration. A Member who fails to register with accurate and complete information may not assert any rights under these Terms of Use.

(5) Membership registration must be completed using accurate and contactable information belonging to the Member, and the Company may take reasonable measures to verify such information for purposes of administration and identity confirmation.

(6) All IDs associated with any Member who applies for use of the Service by misappropriating another person’s information shall be deleted, and such Member may be subject to penalties in accordance with applicable laws and regulations.

 

8. SCOPE AND AVAILABILITY OF THE SERVICE

(1) The Company may modify or discontinue, in whole or in part, the Service it provides as necessary for operational or technical reasons, including changes to the Company’s policies related to the provision of the Service or other reasonable grounds.

(2) The Service is generally available twenty‑four (24) hours a day, seven (7) days a week, unless otherwise unavailable due to operational, technical, or other special circumstances of the Company.

(3) The Company may separately designate the hours during which certain Services are available, in which case the Company will provide prior notice on the Service interface.

(4) The Company may suspend the Service for a period necessary to ensure its proper operation, with the prior notice specifying such period in advance; however, notwithstanding the foregoing, where emergency measures are unavoidable, the Company may provide notice after the suspension..

(5) The Company may modify, suspend, or discontinue, in whole or in part, any Services provided free of charge as necessary for policy or operational reasons, and, unless otherwise required by applicable law, the Company shall not provide any separate compensation to Members in connection therewith.

 

9. SUSPENSION AND RESTRICTION OF SERVICE PROVISION

(1) The Company may temporarily suspend the Service in the event of maintenance, inspection, replacement, or failure of information and communications equipment (such as computers), interruption of communications, or other similar reasons.

(2) The Company may suspend or restrict the provision of the Service in any of the following cases:

(a) When suspension or restriction is unavoidable due to system inspection or facility maintenance required for the optimization of Service‑related equipment.

(b) When suspension or restriction is unavoidable in order to restore the Service from disruptions caused by a distributed denial‑of‑service (DDoS) attack or similar incidents.

(c) When use of the Service is hindered due to failure of Service‑related equipment or excessive use of the Service.

(d) When a key telecommunications service provider within the Service area, as defined under the Telecommunications Business Act, suspends its electronic communications services.

(e) When suspension or restriction is unavoidable due to a national emergency, natural disaster, or other force majeure event.

(f) When the Company determines, based on reasonable cause, that suspension or restriction of the Service is necessary.

(3) Where the Company suspends or restricts the provision of the Service pursuant to the foregoing provisions, the Company shall provide notice to Members either in advance or after such suspension or restriction; provided, however, that this shall not apply where notice cannot be given without fault of the Company.

(4) The content of the Service may be changed, or the Service may be suspended due to the termination or modification of the agreement between the Company and the content provider or publisher.

(5) Where the Service is temporarily suspended for any of the reasons set forth in the preceding provisions, the Company shall notify Users in accordance with the methods specified in Article 5.

(6) If, due to the Company’s fault, a Member is unable to use the Service during the applicable service period for a free pass (flat‑rate), the Company shall provide the Member with the same or similar Content that the Member may use for a period equivalent to the unavailable service period.

(7) If the Company becomes unable to provide the Service due to a change in its business line, discontinuation of its business, merger, or similar reasons, the Company shall notify Users in accordance with the methods specified in Article 5 and provide compensation to Users in accordance with the terms and conditions originally presented by the Company.

 

10. CONTENTS OF THE SERVICE

(1) The Services provided by the Company include the following::

(a) AI-based TOEIC/TOEFL score prediction and personalized study plans targeting areas of weakness;

(b) TOEIC/TOEFL-related online lectures;

(c) TOEIC/TOEFL-related practice questions and explanations; and

(d) other services related to TOEIC/TOEFL study.

(2) The Company may add to or modify the contents of the Service as necessary. If any such addition or modification has a material impact on a Member’s rights or obligations, the Company shall provide notice of the added or modified contents of the Service at least thirty (30) days prior to the applicable effective date.

(3) Some of the Service provided by the Company may be available only when connected to a wired or wireless network. Data communication charges for the use of such wired or wireless networks may be imposed on Members. Members are responsible for all data communication charges incurred, and the Company will not be liable for such charges.

 

11. PAYMENT

(1) Members may pay the fees for the Service using any of the following methods:

(a) prepaid cards, debit cards, or credit cards;

(b) real-time bank transfers through phone banking or internet banking;

(c) in-app purchases through Google Play Store or Apple App Store;

(d) third-party payment services, such as Google Pay, Apple Pay, PayPal, Shop Pay, or other similar payment services; or

(e) any other payment methods provided by the Company.

(2) Members are responsible for verifying that all payment information they enter is accurate when making payment of the fees for the Service, and will bear all liability arising from any incorrect entry of information or similar errors.

(3) The Company may verify whether a Member has legitimate authority to use the payment method used.  The Company may suspend the transaction until such verification is completed, or cancel the transaction if verification is not possible.

 

12. MEMBERS’ RIGHT OF WITHDRAWAL

(1) A Member may withdraw from the service use agreement within seven (7) days from the date on which use of the Service commences (the “Subscription Withdrawal Period”).

(2) Notwithstanding Paragraph (1), a Member may not withdraw from the service use agreement if any of the following applies:

(a) the goods are lost or damaged due to causes attributable to the Member; provided, however, that this shall not apply where the packaging was damaged solely for the purpose of inspecting the goods;

(b) the value of the goods has been materially reduced as a result of the Member’s use or partial consumption;

(c) the value of the goods has been materially reduced to the extent that resale is impracticable;

(d) the packaging of goods that are reproducible has been damaged (for example, where a User purchases a Package Product that includes the Company’s Service and a TOEFL test voucher, and the User has uncovered the code for the TOEFL test voucher, the User's right of withdrawal with respect to that TOEFL test voucher may be restricted under this Subparagraph (d), as such voucher codes can be easily reproduced); or

(e) the provision of services or of “digital contents,” as defined in Article 2(5) of the Framework Act on the Promotion of Cultural Industries, has commenced.

(3) Where the Company provides goods or services falling under Subparagraphs (b) through (e) of Paragraph (2), the Company shall, in accordance with Article 17(6) of the Act on the Protection of Consumers in Electronic Commerce, Etc., take necessary measures to ensure that the Member’s exercise of the right of subscription withdrawal or other related rights is not impeded.

(4) Notwithstanding Paragraph (1), if the contents of the Service differ from the representations or advertisements, or if the service use agreement has been performed inconsistently with the agreed terms, a Member may withdraw from the service use agreement within three (3) months from the date on which the relevant Service was provided, or within thirty (30) days from the date on which the Member became aware, or reasonably could have become aware, of such difference or nonconformity, whichever period expires earlier.

(5) A Member may terminate the service use agreement even after the expiration of the Subscription Withdrawal Period.

 

13. EFFECT OF WITHDRAWAL OR TERMINATION OF THE SERVICE USE AGREEMENT

Upon receipt of a Member’s notice of subscription withdrawal or termination of the service use agreement, the Company shall refund the amounts paid using the same payment method used for the original payment within three (3) business days from the date of receipt of such notice. If a refund using the same payment method is not possible, the Company shall notify the Member in advance. Notwithstanding the foregoing: (i) where the Company has supplied goods, the refund shall be made within three (3) business days from the date on which the goods are returned; and (ii) where the payment method requires confirmation of receipt, the refund shall be made within three (3) business days from the date such receipt is confirmed.

 

14. REFUND POLICY

(1) Upon receipt of a Member’s notice of subscription withdrawal or termination of the service use agreement, or where the service use agreement is terminated due to the Company’s circumstances, the Company shall refund to the Member all or a portion of the service fees paid, as follows:

Category

Refund Amount

Initial Subscription

If a Member subscribes to the Service for the first time, the Member may exercise the right of subscription withdrawal within seven (7) days from the date of the initial payment and receive a full refund.  Upon completion of refund, access to the Service shall be terminated immediately.

After Seven (7) Days from Initial Subscription

If a Member exercises subscription withdrawal after seven (7) days from the date of the initial payment date, no refund shall be provided; provided, however, that the Member may continue to use the Service until the end of the applicable paid subscription period.

Renewals (Including Automatic Renewal)

For all subsequent payments, including renewals and automatic renewals, no refunds shall be provided once payment has been completed. The Member may continue to use the Service until the end of the applicable paid subscription period.

Compliance with Applicable Laws

Notwithstanding the foregoing, refund rights shall be granted where required under applicable laws and regulations. In such cases, the Company shall comply with all mandatory legal requirements.

Note

If a Member paid a discounted fee for the Service, any refund shall be calculated based on the regular (non-discounted) daily rate, multiplied by the number of days the Service has been used, and deducted accordingly.

Santa Pass

If a Member requests a refund within seven (7) days from the date of purchase, the Company shall provide a full refund. No refund shall be available after seven (7) days from the date of purchase.

Santa Pass & TOEFL Test Voucher Package Product

No refund shall be available once the TOEFL test voucher usage code has been uncovered after purchase. In addition, no refund shall be provided for any renewal or recurring payment related to such package product.

(2) If a Member enters into a service use agreement through a one‑time event, promotion, or similar arrangement, the Company may establish separate subscription withdrawal and refund policies applicable to such service use agreement, and shall notify the Member of such subscription withdrawal and refund policies at the time the Member enters into the relevant service use agreement. For the avoidance of doubt, where separate subscription withdrawal and refund policies apply, such policies shall prevail over these Terms of Use.

(3) Where the Company supplies goods to a Member in addition to providing the Service (each, a “Package Product”), a Member may return the goods within seven (7) days from the date on which the Member receives the goods, and the Company shall refund the fee paid for the Package Product; provided, however, that, the goods shall not be accepted for return if (i) the goods are lost or damaged due to causes attributable to the Member, or (ii) the value of the goods has been materially reduced due to the Member’s use or partial consumption. The Member shall bear the costs incurred in returning the goods.  Notwithstanding the foregoing, with respect to any TOEFL test voucher package product, no refund shall be available once the TOEFL test voucher usage code has been uncovered, activated, or otherwise made available for use, pursuant to Subparagraph 12(2)(d).

(4) Refunds for lectures included in the Package Product under this Article shall be processed in accordance with paragraph (1) above.

 

15. PAYMENT ERRORS AND ADJUSTMENTS

(1) In the event that an overpayment occurs, the Company shall refund the full amount of the overpayment using the same payment method used for the original payment.  If a refund using the same payment method is not possible, the Company shall notify the Member in advance.

(2) If an overpayment occurs due to causes attributable to the Company, the Company shall refund the full amount of the overpayment without deduction for any contractual costs, fees, or processing charges; provided, however, that if an overpayment occurs due to causes attributable to the Member, the Member shall bear, within a reasonable scope, the costs incurred by the Company in refunding such overpayment.

(3)  Where a Member has underpaid the applicable fees for the Service, the Company may charge the Member for the deficient amount. If the Member fails to timely pay such additional charge, the Company may suspend the Service and/or reduce the period during which the Service is provided.

 

16. OBLIGATIONS OF THE COMPANY

(1) The Company shall use reasonable efforts to provide the Service in a continuous and stable manner.

(2) The Company establishes, publicly discloses, and complies with its Privacy Policy in order to protect Members’ Personal Information (including credit information) and to ensure that Members can use the Service safely.

(3) As a general rule, the Company shall not disclose or share a Member’s Personal Information with any third party without the Member’s consent; provided, however, that the foregoing shall not apply in any of the following cases:

(a) where such disclosure or sharing is required by governmental authorities pursuant to applicable laws and regulations, including the Framework Act on Telecommunications;

(b) where such disclosure or sharing is necessary for the purpose of a criminal investigation or is requested by the Korea Internet Safety Commission; or

(c) where such disclosure or sharing is requested in accordance with the procedures prescribed by applicable laws and regulations.

(4) If a Member’s comment or complaint regarding the use of the Service is deemed reasonable, the Company shall address such comment or complaint.  The Company shall also inform the Member of the progress and outcome of the handling thereof using the contact information provided by the Member.

 

17. INDIVIDUAL SERVICE TERMS OF USE

(1) The Company may establish separate terms of use and usage policies for individual Services. Any consent to the terms separately applicable to an individual Service shall be obtained through a separate consent process at the time the Member first uses such individual Service. In such case, the terms and conditions applicable to the individual Service shall prevail over these Terms of Use.

(2) Notwithstanding Paragraph (1) above, the Company may provide notice of the usage policies applicable to individual Services through the Service, and Members shall familiarize themselves with and comply with such usage policies.

 

18. PROTECTION OF PERSONAL INFORMATION

(1) In collecting the Personal Information of a Member, the Company collects only the minimum Personal Information necessary.

(2) When collecting a Member’s Personal Information, the Company shall obtain the Member’s consent, except in any of the following cases:

(a) where collection is required by applicable laws and regulations;

(b) where collection is necessary for the performance of the service use agreement; or

(c) where collection is necessary for settlement of fees in connection with the provision of the Service.

(3) The Company shall not use a Member’s Personal Information for any purpose other than the purposes for which it was collected, nor disclose or provide such Personal Information to any third party, without the Member’s consent; provided, however, that the foregoing shall not apply in any of the following cases:

(a) where such use or disclosure is required by applicable laws and regulations;

(b) where such use or disclosure is necessary for the settlement of the Service Fee in connection with the provision of the Service;

(c) where such use or disclosure is necessary for the preparation of statistics, academic research, or market surveys, provided that the Personal Information is disclosed in a form that does not identify any individual; or

(d) where such Personal Information is disclosed to the surviving entity following a merger, the acquiring entity in an acquisition, or a transferee in connection with a comprehensive transfer of the Company’s business.

(4) Members may access and update their own Personal Information at any time through the Service’s personal information management system; provided, however, that a Member’s ID may not be modified.

(5) If any information provided by a Member at the time of applying for membership changes, the Member shall update such information online. The Member shall be solely responsible for any issues arising from the failure to make such updates.

(6) Upon fulfillment of the purpose for which the Member’s Personal Information was collected or provided, the Company shall promptly delete or securely dispose of such Personal Information.

(7) Notwithstanding Paragraph (6) above, the Company may retain a Member’s Personal Information for a certain period on an exceptional basis where the Company has obtained the Member’s prior consent in accordance with its Privacy Policy or where retention of such Personal Information for a specified period is required under applicable laws and regulations.

(8) As a general rule, the Company shall directly perform the handling and management of collected Personal Information. However, where necessary, the Company may delegate all or part of such duties to third‑party service providers. Details of such service providers may be found in the Company’s Privacy Policy available on its website.

(9) If there has been no record of use of the Service for one (1) consecutive year from the Member’s last date of use, the Company may permanently delete the Member’s information in accordance with the Information and Communications Network Act; provide, however, that, a Member who holds any paid products shall be excluded from such deletion, and where retention is required under applicable laws and regulations, the Company shall retain the Member’s information for the period prescribed by such laws and regulations.

 

19. MEMBERS’ OBLIGATION TO MANAGE IDs AND PASSWORDS

(1) Members shall be fully responsible for the management of their IDs and passwords.

(2) Except in cases of the Company’s willful misconduct or gross negligence, a Member shall bear all responsibility for any consequences arising from negligent management or unauthorized use of the IDs and passwords assigned to the Member.

(3) Upon becoming aware of any unauthorized use of the Member’s ID, the Member shall promptly notify the Company thereof.

(4) A Member shall be responsible for all disadvantages or losses arising from the Member’s failure to provide notice as required under Article 19 or failure to comply with the measures taken by the Company.

 

20. OTHER OBLIGATIONS OF MEMBERS

(1) While using the Service, a Member shall not engage in any of the following acts:

(a) unlawfully use another Member’s ID;

(b) permit any third party to use the Member’s ID or the Service;

(c) transmit excessive amounts of data or otherwise interfere with the normal and stable operation of the Service;

(d) copy, reproduce, distribute, publish, broadcast, or otherwise use any content obtained through the Service for purposes other than the Member’s legitimate use, or provide such content to any third party, without the Company’s prior consent;

(e) infringe or attempt to infringe the intellectual property rights, including copyrights, of the Company or any third party;

(f) disseminate or distribute information, content, text, images, or materials that violate public order, public morals, or applicable laws and regulations;

(g) engage in any activity that is objectively deemed to be connected with criminal conduct;

(h) disclose or post on the Service any obscene, violent, or otherwise inappropriate messages, images, audio, or other content contrary to public order or public morals;

(i) submit inquiries or communications to the Company’s customer service channels that include profanity, abusive language, or sexual harassment;

(j) violate the Company’s operational policies or any applicable laws and regulations;

(k) wrongfully or fraudulently use the Service Fee;

(l) reverse‑engineer, decompile, disassemble, or otherwise attempt to copy, derive, imitate, modify, or discover the source code, structure, or underlying ideas of the Service; or

(m) impose excessive load on the Company’s servers or otherwise disrupt the normal operation of the Service by using methods not intended for standard use, including automated access programs, scripts, or bots.

(2) Members shall comply with these Terms of Use and with any service‑use guidelines, instructions, or notices provided by the Company.

(3) Members shall also comply with any matters posted on the Service’s notice board or otherwise separately announced by the Company.

(4) Except with the Company’s prior express consent, Members shall not assign, transfer, gift, or pledge as security any right to use the Service or any status or position under the service use agreement to any third party.

(5) Members shall not use the Services provided by the Company for any purpose other than their intended purpose.  In the event of a violation of the foregoing, the Company may impose sanctions in accordance with these Terms of Use and the operational policies applicable to each Service, including restricting the Member’s use of the Service, deleting the Member’s ID, and taking lawful measures such as reporting the matter to relevant investigative authorities.

(6) If a Member violates Paragraph (1) of this Article 20, the Company may, without prior notice, terminate the service use agreement or restrict the Member’s use of the Service.  Provided, however, that in the case of the first part of Article 20, Paragraph (1), Subparagraph (j), this shall be limited to cases where the Company's operational policies have been materially violated.

(7) Where the Company terminates the service use agreement or restricts the use of the Service pursuant to Paragraph 6, the Company shall notify the Member thereof; provided, however, that such notice may be omitted where notification is not reasonably practicable without fault on the part of the Company.

 

21. TERMINATION OF THE SERVICE USE AGREEMENT

(1)  If a Member requests discontinuation of the Service, the Member or the Member’s legal representative shall apply for membership Cancellation in accordance with the procedures prescribed by the Company.

(2) Upon confirmation of the Member’s application for membership Cancellation, the Company shall promptly process such Cancellation. Except where the Company is required to retain the Member’s information pursuant to applicable laws and regulations or its Privacy Policy, the Company shall promptly delete the Member’s Personal Information upon completion of the Cancellation.

(3) Notwithstanding the foregoing, if a Member requests discontinuation of the Service, any accumulated Data generated by the Member in the course of using the Service shall not be deleted, except in the case of any Data relating to the Members Personal Information as provided in Paragraph (6) of Article 18.

 

22. DISQUALIFICATION AND SUSPENSION OF MEMBERSHIP

(1) If a Member engages in any act in violation of Paragraph (1) of Article 20, the Company may, without prior notice, impose sanctions including issuing a warning, temporarily suspending, or permanently suspending the Member’s access to the Service, thereby suspending or revoking the Member’s membership status. Provided, however, that in the case of the first part of Article 20, Paragraph (1), Subparagraph (j), this shall be limited to cases where the Company's operational policies have been materially violated.

(2) Where the Company suspends or revokes a Member’s membership status pursuant to Paragraph (1) above, the Company shall notify the Member thereof; provided, however, that this shall not apply where notification is not possible without fault on the part of the Company.

(3) Where the Company suspends or revokes a Member’s membership status pursuant to Paragraph (1) above, the Company may suspend the Member’s access to all Services provided by the Company, and the Member shall not be entitled to request any refund from the Company for Services after such suspension.

(4) The Company may restrict a Member’s use of the Service if the Member has not logged in for a continuous period of one (1) year or more, for the purposes of protecting the Member’s information and enhancing operational efficiency.

(5) Where the Company restricts the use of the Service or terminates the service use agreement pursuant to this Article, the Company shall provide notice in accordance with the policy set forth in Article 5.

(6) A Member may file an objection to any restriction on the use of the Service imposed pursuant to this Article or the relevant provisions of Article 20, in accordance with the procedures established by the Company. If the Company determines that such objection is justified, the Company shall immediately reinstate the Member’s use of the Service.

(7) Where use of the Service is restricted pursuant to this Article, any and all benefits obtained through use of the Service shall be suspended or forfeited, and the Company shall not provide any separate compensation in connection therewith.

 

23. COPYRIGHT

(1) All copyrights in the Contents created by the Company and in the Contents for which the Company has acquired copyrights from third parties shall vest in and be owned by the Company..

(2) The copyrights in the Contents for which the Company has obtained a license from a third party shall remain with such third party, and the Company shall have a license to use such Contents.

(3) Members shall not, without the Company’s prior consent, use or permit any third party to use any information obtained through use of the Service for commercial or non‑commercial purposes, nor reproduce, transmit, publish, distribute, broadcast, or otherwise exploit such information.

(4) For the purpose of protecting the copyrights of the Company or any third party, the Company may use programs that detect and automatically block the execution of certain software on a Member’s wired or wireless devices while the Member is using the Service.

 

24. DAMAGES

(1) The Company or a Member may claim damages against the other party for losses arising from that party’s fault; provided, however, that the Company shall not be liable for any damages arising from interruptions, suspension, or termination of free Services except in cases of the Company’s willful misconduct or gross negligence, or from the loss, deletion, or alteration of stored data in connection therewith.

(2) A Member who violates these Terms of Use shall be liable for any damages incurred by the Company or any third party as a result of such violation.

 

25. LIMITATION OF THE COMPANY’S LIABILITY

(1) The Company shall be exempt from liability for the provision of the Service where the Service cannot be provided due to natural disasters or other events of force majeure beyond the Company’s reasonable control.

(2) The Company shall not be liable for any disruption or interruption in the use of the Service arising from causes attributable to the Member..

(3) The Company does not guarantee the accuracy, reliability, or completeness of any content posted by Members.

(4) The Company shall not be liable for any damages arising from a Member’s willful misconduct or negligence, including damages resulting from the Member’s failure to accurately enter personal information or an email address.

(5) The Company shall not be liable for any damages caused by the suspension, interruption, or abnormal provision of telecommunications services by key telecommunications service providers.

(6) The Company shall not be liable for any damages caused by repairs, replacements, routine inspections, or construction work related to Service equipment, to the extent that Members could have been reasonably been aware of such repairs, replacements, inspections or work in advance based on the Company’s prior notice thereof.

(7) The Company shall not be liable for any loss of profits, anticipated revenues, or expected benefits arising from the use of the Service.

(8) The Company shall not be liable for any damages caused by data obtained by a Member through use of the Service. The Company shall also not be liable for any emotional distress incurred by a Member as a result of interactions with other Members while using the Service.

(9) The Company shall not be liable for any damages arising from disputes between Members or between a Member and any third party in connection with the use of the Service.

(10) The Company shall not be liable for any damages arising in connection with the use of any Services provided to Members free of charge, except in cases of the Company’s willful misconduct or gross negligence.

 

26. DISPUTE RESOLUTION

(1) In the event of a dispute, the Company shall take appropriate and prompt action in consideration of any legitimate opinions or complaints raised by the Member. If prompt resolution is not practicable, the Company shall notify the Member of the reasons therefor and the expected timeline for resolution.

(2) Notwithstanding Paragraph (1), these Terms of Use, the use of the Service, and all matters relating to the Member and the Company shall be governed by and construed in accordance with the laws of the Republic of Korea.

(3) Any legal action arising out of or relating to a Member’s use of the Company’s Service shall be subject to the exclusive jurisdiction of the courts having jurisdiction over the Company’s principal place of business.

(4) Notwithstanding anything to the contrary contained herein, if a User resides outside the Republic of Korea, mandatory laws or regulations of the User’s country or jurisdiction of residence may apply, in which case such laws and regulations shall prevail over these Terms of Use.