Article 1 (Purpose)
The purpose of these Terms and Conditions is to stipulate the rights, obligations, and necessary matters between April7 Inc. (hereinafter referred to as "Company") and the users regarding the use of the DaTalk service (hereinafter referred to as "Service") provided by the Company.
Article 2 (Definitions)
β The definitions of terms used in these Terms and Conditions are as follows:
1.
"Customer" means a person who has downloaded the application from the app store market operated by an app store operator or platform operator to use the services provided by the Company.
2.
"User" means a customer who has agreed to these Terms and Conditions and the Privacy Policy and has been granted the qualification to use the services provided by the Company.
3.
"Service" means all services provided by the Company.
4.
"Device" means wired and wireless devices such as mobile phones, smartphones, tablets, etc., that can use the services.
5.
"Application" means all programs that can use the services provided by the Company.
6.
"App Store (Open Market) Operator" means an open market operator that allows the application provided by the Company to be downloaded and In-App purchases to be made.
7.
"Platform Operator" means a business operator that provides services in partnership with the Company and related services.
8.
"User Account" means a combination of letters, numbers, or special characters selected by the user and granted by the platform operator for user identification and service usage.
9.
"Content" means items produced by the Company for use in the service.
10.
"Paid Content" means content purchased through In-App payment for the user to enjoy certain effects or benefits in using the services.
11.
"Free Content" means content obtained for free while using the services or received as a gift from other users without purchasing it directly.
12.
"In-App Purchase" means the payment act to purchase paid content within the application.
13.
"Phone Number Verification" means the authentication procedure to confirm that the "Customer" is the owner of the mobile phone through their own mobile phone.
β‘ Definitions of terms used in these Terms and Conditions, except as provided in paragraph 1, follow the relevant laws and general business practices.
Article 3 (Provision of Company Information)
The Company shall post the following items on the initial screen of the service or on the Company's website so that users can easily access them. However, the Terms and Conditions and the Privacy Policy can be made available through a connection screen.
1.
Name of the company and representative
2.
Address of the business office (including the address where users' complaints can be handled) and email address
3.
Telephone number, fax number
4.
Business registration number, telecommunication sales report number
5.
Privacy Policy
6.
Terms of Service
Article 4 (Effectiveness and Change of Terms)
β These Terms and Conditions take effect when the Company posts them on its website or notifies users through a connection screen within the application for service use.
β‘ The Company may change these Terms and Conditions to comply with relevant laws such as the Consumer Protection Act in Electronic Commerce, the Regulation of Standardized Contracts Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Contents Industry Promotion Act, etc., and to improve users' rights and obligations. The changed Terms and Conditions will be notified to users by specifying the application date, changes, and reasons for changes from 7 days before the application date to a certain period after the application date through the Company's website, official service blogs, or application push notifications. However, for changes that significantly affect users' rights and obligations, they will be notified 30 days before the application date.
β’ Users may refuse to accept the changed Terms and Conditions, and if they do not agree to the changed Terms and Conditions, they can stop using the service and withdraw from the service. However, if users do not explicitly express their intention to the Company by the day before the application date of the changed Terms and Conditions after being notified of the changes in the manner described in paragraph 2, or if users continue to use the service after the application date of the changed Terms and Conditions, they are deemed to have agreed to the changed Terms and Conditions.
Article 5 (Matters Outside the Terms)
Matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall follow the Consumer Protection Act in Electronic Commerce, the Regulation of Standardized Contracts Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Contents Industry Promotion Act, related laws, and general business practices.
Article 6 (Formation of Use Contract)
β The service use contract is established when the "Customer" installs and runs the application, agrees to these Terms and Conditions and the Privacy Policy, and the Company approves the use application. The service use is considered approved when the application operates normally on the user's device after the service use application is completed.
β‘ The information entered by the user for service use is considered true, and if the information is found to be false or suspected to be the information of another person, the Company may request the user to submit proof and an explanation for the facts. If it is clearly different, the Company may deprive the user of their user rights and completely refuse the use of the service, and the Company is not responsible for any disadvantages arising from this.
β’ The Company may not approve the use application in the following cases:
1.
If the payment for content purchase is not made or cannot be confirmed due to incorrect payment
2.
If the user is under 18 years old
3.
If more than one account per person is created for each service
4.
If false information is provided
5.
If the user has been restricted from using the service or permanently restricted according to the service operation policy within the last 3 months
6.
If the user's information is found to be stolen or used without authorization
7.
If the user is using the service from a country other than South Korea, where the Company has not yet decided to provide the service, or if service provision needs to be restricted due to agreements with overseas service providers or specific country access
8.
If the user intends to use the service for improper purposes
9.
If approval is not possible due to the user's fault or violation of various regulations
10.
If the user is deemed unsuitable according to the Company's policy or if providing the service is difficult
11.
If the user creates a large number of IDs and domains through abnormal methods
12.
If the user uses a nickname that can cause discomfort to other members
13.
If the user includes contact information in the nickname or self-introduction
14.
If the user intends to engage in illegal activities prohibited by the Act on Promotion of Information and Communications Network Utilization and Information Protection and other relevant laws
15.
If other reasons similar to the above make approval inappropriate
Article 7 (Management of User Accounts)
β The Company performs various user management tasks through user accounts, including checking users' service availability.
β‘ Users must manage their user accounts with the duty of care of a good manager. The Company is not responsible for any damages caused by users' negligence in managing their user accounts or allowing third parties to use them.
β’ If a member does not run the app on the site for more than 12 months from the last access date, the Company may consider it a dormant account and restrict or terminate the use of the services provided by the Company.
β£ In such cases, the Company will notify the member 30 days before the scheduled date of dormant account processing through SMS or other methods, and if the member goes through the authentication process and expresses the intention to use the service again, the service use can be resumed.
β€ If the member does not request the termination of the dormant account by logging in before the dormant account transition, the Company will destroy all personal information of the member, and points and benefits previously provided will automatically expire and cannot be recovered.
Article 8 (Protection and Management of Personal Information)
β The Company strives to protect users' personal information, including user accounts, in accordance with relevant laws. The protection and use of users' personal information follow the relevant laws and the Company's separately notified Privacy Policy.
β‘ The Company's Privacy Policy does not apply to services provided by third parties linked simply on the Company's website or services.
β’ The Company is not responsible for any exposure of users' personal information, including user accounts, due to users' negligence.
Article 9 (Company's Obligations)
β The Company complies with relevant laws and faithfully exercises its rights and fulfills its obligations as stipulated in these Terms and Conditions.
β‘ If the opinions or complaints raised by users are objectively deemed reasonable, the Company shall promptly address them within a reasonable period. However, if it takes a long time to process, the user will be separately notified of the reason and processing schedule.
β’ The Company safely manages users' personal information, including user accounts, to ensure safe use of the service and does not provide or disclose users' personal information to third parties except as specified in these Terms and Conditions and the Privacy Policy.
β£ The Company strives to repair or recover facilities without delay if there is a disruption in service due to facility issues or data loss while improving the service, except for unavoidable reasons such as natural disasters, emergencies, or technical defects that are difficult to solve with current technology.
β€ The Company strives to provide convenience to users in contract-related procedures and contents, including the conclusion, modification, and termination of usage contracts.
Article 10 (Users' Obligations)
β Users must not use the services provided by the Company for purposes other than the intended use or engage in any of the following acts. If users violate any of the following, the Company may suspend the service, permanently restrict its use, and hold users civilly and criminally liable.
1.
Using another person's personal information or providing false information when submitting personal information to the Company for user inquiries, recovery of paid content, refund requests, event winnings, etc.
2.
Impersonating others, falsely stating relationships with others, stealing or fraudulently using other users' account information, or unauthorized use of another person's credit card, wired/wireless phone, bank account to purchase paid content
3.
Trading or selling paid content or other content with others through services not provided by the Company
4.
Copying, distributing, promoting, or commercially exploiting information obtained through the Company's services or applications without prior approval from the Company, or exploiting known or unknown bugs in the services
5.
Engaging in activities that generate financial benefits for oneself or others through the Company's services or applications
6.
Defaming or causing harm to others
7.
Infringing on the Company's intellectual property rights, third-party intellectual property rights, portrait rights, etc., or collecting, storing, distributing, or posting other users' personal information without the Company's approval
8.
Deceiving others for personal gain or using the Company's services improperly to cause damage to third parties
9.
Exchanging or posting obscene or vulgar information, linking to obscene sites, or posting unauthorized advertisements or promotional materials
10.
Engaging in gambling activities or inducing others to participate in gambling
11.
Sending, transmitting, distributing, or using language, sounds, text, images, or videos that cause discomfort, hatred, or fear to others
12.
Transmitting, posting, distributing, or using information (computer programs) prohibited by relevant laws or materials containing software viruses or other computer codes, files, or programs designed to interfere with or destroy the normal operation of computer software, hardware, or telecommunications equipment
13.
Changing the application without special rights granted by the Company, adding or inserting other programs into the application, hacking the server, reverse engineering, leaking or changing source code or application data, building separate servers, or impersonating the Company by arbitrarily changing or stealing parts of the website
14.
Impersonating or pretending to be a Company employee or operator, posting articles or sending emails in someone else's name
15.
Using the service for commercial, business, advertising, political activities, or illegal election campaigns without the Company's consent
16.
Inducing or recommending the use of other services directly or indirectly
17.
Violating public order, social norms, or engaging in illegal or improper activities in violation of relevant laws
β‘ Users have an obligation to frequently check and comply with the notices and amendments to these Terms and Conditions posted on the Company's website, official cafe, or application, and must not engage in activities that interfere with the Company's business.
β’ Users are responsible for managing their accounts and must not allow third parties to use them. If the Company complies with the "Open Market Mobile Content Payment Guidelines" and recommendations of the Korea Communications Commission and the payment policies of open market operators, users cannot claim refunds or compensation from the Company for third-party use or payments.
β£ The Company may establish and operate service operation policies, and users must use the services in compliance with these policies.
β€ The Company may change the service operation policies from time to time and will notify users in advance of any changes.
Article 11 (Service Hours and Suspension)
β The Company starts providing services from the time it approves the user's service use. However, for some services, the Company may designate a specific date for service provision as necessary.
β‘ The Company provides services 24 hours a day, 365 days a year, unless there are special business or technical difficulties. However, the Company may temporarily suspend the service for a certain period if necessary for regular system maintenance, server expansion and replacement, addition of new service contents, bug patches, or replacement with new services. In such cases, the Company will notify users in advance of the content and time on the Company's website, etc., but may notify users afterward if there are unavoidable reasons for not being able to notify in advance.
Article 12 (Service Content and Changes)
β Users must use the services in accordance with these Terms and Conditions, service operation policies, or usage rules.
β‘ The Company has comprehensive authority over the creation, modification, maintenance, repair, and termination of the services.
β’ The Company may modify, add, or delete parts or all of the services at any time if necessary for operational or technical reasons, such as new service contents or bug patches. The Company will separately notify users of the changes and the provision date of the services through the Company's website, etc.
β£ The Company may restrict or suspend all or part of the services in the following cases:
1.
If there are unavoidable reasons such as war, incidents, natural disasters, or national emergencies
2.
If there are disruptions to normal service use due to power outages, facility failures, or excessive usage
3.
If there are unavoidable reasons due to facility maintenance, etc.
4.
If the Company cannot provide services due to other circumstances
β€ The Company is not responsible for problems caused by service changes or suspensions unless the changes or suspensions are due to the Company's intentional or gross negligence.
Article 13 (Information Provision and Posting)
β The Company may use user information provided by platform operators and/or app store operators or request additional information from users. The Company will not use collected or provided user information for purposes other than those specified in the Privacy Policy. Users may refuse to provide user information or additional information through platform operators and/or app store operators.
β‘ The Company may display advertisements on the services, and users agree to the display of advertisements exposed during service use.
β’ The Company is not responsible for any losses or damages resulting from users' participation, communication, or transactions with the advertisers in the advertisements displayed according to paragraph 2.
β£ The Company may send advertisements to users using device notifications (Push notifications), and users can refuse to receive such advertisements at any time if they do not want to receive them.
Article 14 (Purchase and Usage Period of Paid Content)
β Users can purchase paid content according to the payment policies of each app store operator based on the type of device they use. Payment amounts may vary due to differences in these policies. Payment for paid content is imposed according to the methods and policies determined by mobile carriers or platform operators and/or app store operators connected with the app store operator, and payment methods also follow the policies of these operators.
β‘ Paid content purchased by users in the service can only be used on the devices where the service application has been downloaded and installed.
β’ Users can only use paid content in their own accounts in methods separately notified by the Company, and cannot transfer, lend, sell, or exchange it with third parties.
Article 15 (In-App Purchases)
β The application includes an In-App purchase function for purchasing paid content.
β‘ Users must use the device's password setting function or the password setting function provided by the app store operator to prevent third-party In-App purchases. The Company applies modules and libraries for In-App purchases that include authentication procedures provided by the open market according to the recommendations of the Korea Communications Commission and the "Open Market Mobile Content Payment Guidelines."
β’ The Company is not responsible for any third-party In-App purchases caused by users' failure to use In-App purchase prevention functions or by users' negligence in exposing their passwords.
β£ If users on a youth mobile plan make In-App purchases, it is considered that there is parental consent for such purchases.
β€ Users are responsible for sincerely paying the In-App purchase amount.
β₯ The Company's policies and the policies of payment providers (mobile carriers, app store operators, etc.) may impose or adjust payment limits for each payment method.
Article 16 (Withdrawal of Subscription and Refunds)
β Users can withdraw from purchasing paid content within 7 days from the date of purchase or the date the paid content becomes available without any additional fees. However, if the paid content has already been used or is considered used at the time of the withdrawal request, the withdrawal of subscription (purchase cancellation) may be restricted according to Article 17 (2) of the Consumer Protection Act in Electronic Commerce. In such cases, the Company will take appropriate measures as required by relevant laws, such as notifying users when purchasing the paid content.
β‘ If users cannot use purchased paid content due to the Company's fault, the Company will either provide the same paid content free of charge or refund the entire purchase amount regardless of the contract date (purchase date).
β’ Refunds are processed according to the refund policies of each app store operator used by the user, and the detailed refund application procedures follow the policies of each app store operator. When a refund is completed, the amount will be reflected in the user's account by deducting the corresponding amount of paid content in the service.
β£ If paid content is converted to free content, partially or fully used, damages the basic units that can be purchased in the service, or accepted through the acceptance process in the message box and/or gift box related to the sending/receiving of paid content, it is considered that the user has expressed the intention to use the content. This includes cases where the content was purchased by others without the user's intention.
β€ Paid content obtained through service activities or gifts from other users, paid content acquired through the Company's events, or free content not purchased through normal In-App purchases cannot be refunded. Event regulations may apply separately in such cases.
β₯ The Company shall take measures such as indicating that the withdrawal of subscription is restricted before In-App purchases for paid content where the right to withdraw is restricted. If the Company does not take such measures, users may withdraw from the subscription despite the restrictions on withdrawal rights. However, withdrawal of subscription is restricted in the following cases:
1.
If the paid content is immediately used or applied to the service after purchase
2.
If additional benefits provided with paid content are used after purchase
3.
If part of the bundled (package) paid content is used
4.
If the opening act is considered as usage or the utility is determined upon opening for capsule-type/probability-type paid content
5.
If part of the paid content is used, or if it is difficult to resell the content due to the passage of time
β¦ In-App purchases follow the payment methods provided by the open market operator. Therefore, in the case of overpayment during the In-App purchase process, refunds should be requested from the open market operator. However, depending on the policies and systems of the open market operator, the Company may request the necessary refund procedures from the open market operator.
β§ For In-App purchases made through the gift-giving function, the principle is that cancellation and refund of purchases are not possible except in the case of defects in the purchased paid content. Refunds for defects in paid content are only available to the user who sent the gift.
β¨ In the case of voluntary withdrawal by users, the rights to use paid value-added services held by the user will automatically expire and cannot be recovered or refunded.
β© If users' registered information is found to be false or does not meet the service usage conditions during the service authentication process, the account may be forcibly or permanently suspended due to users' fault, and refunds and compensation are not possible.
Article 17 (Effects of Withdrawal of Subscription)
β If users withdraw from the subscription according to the main text of Article 16 (1), the Company shall promptly recover or delete the paid content and refund the received amount within 3 business days from the date the paid content is recovered or deleted.
β‘ In the case of paragraph 1, if the Company delays the refund to users, the Company shall pay delay interest calculated by multiplying the delay period by the rate specified in the Consumer Protection Act in Electronic Commerce and its Enforcement Decree.
β’ When the Company refunds users, if the users paid with credit cards or other payment methods specified in the Enforcement Decree of the Consumer Protection Act in Electronic Commerce, the Company shall immediately request the payment provider to stop or cancel the payment claim. However, if the Company has already received the payment from the payment provider, the Company shall refund it to the payment provider and notify the consumer.
β£ If users withdraw from the subscription according to the main text of Article 16 (1), the costs required for returning the paid content shall be borne by the users, and the Company shall not claim penalties or damages for withdrawal of subscription from users.
Article 18 (Termination of Contract and Suspension of Service)
β Users can terminate the usage contract at any time by withdrawing from the service if they no longer wish to use it.
β‘ If users apply for service withdrawal, they can immediately withdraw, and all content information (including service usage records) held by the users will be deleted upon withdrawal.
β’ The Company may terminate the usage contract or restrict the service usage for a certain period if users violate the provisions of Article 10 or the service operation policies.
β£ Users can appeal against the service usage restrictions according to the procedures set by the Company, and if the appeal is deemed reasonable, the Company shall promptly resume the service usage.
β€ If the service usage restriction under paragraph 3 is justified, the Company is not responsible for compensating users for any damages caused by the service usage restriction.
Article 19 (Temporary Measures for Usage Restriction)
β The Company may temporarily suspend users' service usage until the investigation is completed if there are reasonable grounds for the following issues:
1.
If a legitimate report of hacking or account theft is received
2.
If the user is reasonably suspected of being an illegal program user, workshop operator, or other illegal activities
3.
If other reasons similar to the above require temporary measures for the account
β‘ In the case of paragraph 1, the Company shall extend the usage period of the paid content proportionally after the investigation is completed, except for users who are found to have engaged in illegal activities under paragraph 1.
Article 20 (Compensation for Damages)
β Users shall compensate the Company for damages caused by violating these Terms and Conditions or by causing damages to the Company during the use of the services.
β‘ If users' illegal activities or violations of these Terms and Conditions cause the Company to receive various claims for damages or lawsuits from third parties, users shall indemnify the Company at their own responsibility and expense, and if the Company is not indemnified, users shall compensate for the damages caused to the Company.
Article 21 (Exemption from Liability)
β The Company is exempt from liability if services cannot be provided due to reasons beyond its control, such as war, incidents, natural disasters, national emergencies, technical defects that are difficult to resolve, etc.
β‘ The Company is not responsible for service interruptions or usage obstacles caused by users' faults, and the Company is exempt from liability for damages caused to users if telecommunications services are interrupted or not provided normally by telecommunications providers.
β’ The Company is exempt from liability if services are suspended or disrupted due to unavoidable reasons such as maintenance, replacement, regular inspection, or construction of service facilities, which were notified in advance or urgently implemented.
β£ The Company is not responsible for users' failure to achieve expected scores, ranks, etc., or for damages caused by users' selection or use of the services.
β€ The Company is not responsible for any disadvantages or loss of information caused by users changing their personal information, including user accounts.
β₯ The Company is not responsible for issues arising from users' device environments or network environments not caused by the Company.
β¦ The Company is not obligated to intervene in disputes between users or between users and third parties arising through the services, and the Company is not responsible for damages resulting from such disputes.
β§ Free services and content provided by the Company are not subject to compensation. However, this does not apply to damages caused by the Company's intentional or gross negligence.
Article 22 (Attribution of Copyrights)
β The Company owns the copyrights and other intellectual property rights of the content.
β‘ Users must not reproduce, transmit, publish, distribute, broadcast, or use for commercial purposes or allow third parties to use any information obtained through the services provided by the Company without prior consent from the Company or the provider of the information.
β’ Users grant the Company permission to use communication, images, sounds, and all materials and information, including chat texts uploaded or transmitted by users or other users through the services, for publication, reproduction, performance, transmission, distribution, broadcasting, etc., during the service operation period without geographical restrictions. However, the Company will not sell, rent, or transfer user-generated content without prior consent from the users who created the content.
1.
Using user content for publication, reproduction, performance, transmission, distribution, broadcasting, etc.
2.
Editing, changing, or creating derivative works from user content
β£ If the Company determines that posts or content within the services violate the prohibited activities specified in Article 10, it may delete, move, or refuse to register them without prior notice.
β€ Users whose legal interests are infringed by information posted on the Company's bulletin board, etc., may request the deletion of the information or posting of a rebuttal. In such cases, the Company shall promptly take necessary measures and notify the applicant.
β₯ Paragraph 3 remains effective during the service operation period and continues to apply after the user withdraws.
Article 23 (Jurisdiction and Governing Law)
β Disputes arising between the Company and users regarding the use of the services are subject to the jurisdiction of the court specified by the Civil Procedure Act and other relevant laws.
β‘ Lawsuits between the Company and users are governed by the laws of the Republic of Korea.
[Supplementary Provisions]
1.
(Effective Date) These Terms and Conditions shall be effective from October 21, 2021.