CHAPTER 1 GENERAL PROVISIONS
1.1 This Terms and Conditions (this “Terms and Conditions”) stipulates the rights, obligations, and liabilities of the Logpresso Corp. (the “Company”) and its Members (as defined below) and other necessary provisions related to the Member’s use of the Logpresso Store and other related services provided by the Company.
2.1 The capitalized terms used in this Terms and Conditions shall have the following meanings:
- (a) Member means a person who enters into a Terms of Service Agreement pursuant to this Terms and Conditions and uses the Services provided by the Company.
- (b) Services mean the online store operated by the Company and any related services that allow the Members to use the Logpresso Store on the Devices owned and/or operated by Members using the Application provided by the Company or a third party in a manner consistent with this Terms and Condition.
- (c) Device means any device that can be used to download or install the Application, such as network servers, computers, laptops, smartphones.
- (d) Application means the software, programs, contents, etc., that are registered in the Service to allow the Company and its Members to sell or transmit information in accordance with the form provided by the Company.
- (e) ID means the combination of letters or numbers created by the Members and approved by the Company at the time of subscription that is used to identify the Member for the use of the Services.
- (f) Password means a combination of letters and numbers created by each Member and registered in the Services, which is used to confirm a Member’s identity and protect the Member’s rights, interests, and confidential information.
2.2 All terms that are not defined in Section 2.1 shall be interpreted in accordance with the definitions provided under applicable law and individual Service policies. Any terms that are not defined by the foregoing shall be interpreted in accordance with general commercial practices.
3. EFFECT IF AND CHANGES TO THE TERMS AND CONDITIONS
3.1 This Terms and Condition shall come into effect when the Company notifies the users of this Terms and Condition through posting this on the Company’s home page or the first screen of the Service or by using other methods (via text, e-mail, messenger, pop-up screens requiring consent when logging in, etc.) and the user, having consented to this Terms and Condition, becomes a Member by subscribing to the Services.
3.2 The Company may modify this Terms and Conditions, if needed, to the extent that it does not violate relevant laws and regulations. In such case, the Company shall make an announcement in a manner prescribed in Section 3.1., providing both the previous and modified versions of the Terms and Conditions, effective date and reasons for the modification for a period starting seven (7) days before the effective date and ending one (1) day before the effective date. However, any changes to a Member’s significant rights or obligations shall be announced thirty (30) days before the effective date in a manner prescribed above and notified to the Member in accordance with Section 23(1).
3.3 A Member shall be deemed to have accepted the modified Terms and Conditions if the Member does not expressly reject the modification before the effective date, even after the Company has announced or notified the Member of the modified Terms and Conditions in accordance with Section 3.2, stating that the Member will be deemed to have accepted the modified Terms and Conditions without the Member’s express rejection to the modification. A Member who does not accept the modified Terms and Conditions may not be able to use the Services, and the Member may suspend use of Services and terminate their Terms of Service Agreement.
4. EXECUTION AND APPLICATION OF THE TERMS OF SERVICE AGREEMENT
4.1 The Terms of Service Agreement shall constitute a legally binding contract when the user who wishes to become a Member (the “Applicant”) applies to use the Services having consented to this Terms and Conditions, and the Company accepts the Applicant’s application.
4.2 The Company may reject any applications or withdraw its acceptance even after once the Company accepts such applications that fall under the following situations:
- (a) the Applicant did not use his/her real name or used the name or information of a third person;
- (b) the Applicant provided untruthful information for the application or failed to meet the application requirements;
- (c) the Applicant tried to use the Services using an unauthorized or detour route in a country where the Company does not provide the Services;
- (d) the Applicant applied to the Services to conduct any acts prohibited under relevant laws and regulations or undermine public order or social decency;
- (e) the Applicant is re-applying for the Services after having lost their membership due to a violation of this Terms and Conditions;
- (f) the Applicant fails to meet the Company’s Membership requirements, such as acquiring the proper license of software developed and provided by the Company or using other services provided by the Company;
- (g) the Applicant is a minor; and
- (h) there are other causes equivalent to any items in this paragraph that cause the Company to find it inappropriate to accept the Member’s application.
4.3 If there are any shortages in the Company’s equipment related to the Services, or if there are any technical or operational problems, the Company may suspend an Applicant’s application until the shortages or problems are resolved.
5. OTHER RULES APART FROM THIS TERMS AND CONDITIONS
5.1 If necessary, the Company may establish a separate terms and conditions for individual services and shall announce the separate terms and conditions under Sections 23(1) or 23(2). The Company shall obtain the consent of the Members separately for the respective services when they first use the individual services. Under these circumstances, the terms and conditions for such individual services prevail this Terms and Conditions.
5.2 Matters not stipulated in this Terms and Conditions or in any other individual terms and conditions and the interpretation of these terms and conditions shall be subject to applicable laws and regulations and general commercial practices.
6. PROTECTION OF PERSONAL INFORMATION
CHAPTER 3 PARTIES’ OBLIGATIONS UNDER THIS TERMS AND CONDITIONS
7. COMPANY OBLIGATIONS
7.1 The Company shall diligently comply with the obligations set forth by relevant laws and regulations and these Terms and Conditions in good faith.
7.2 The Company shall make every effort to repair or restore, without delay, facility failures or data loss/damages that may occur while improving the Services in order to provide the Services in a more continuous and stable manner, unless such inevitable situations, such as force majeure events, emergencies, or occurrence of failures/defects for which there currently are no technological solutions available, occur.
8. MEMBER OBLIGATIONS
8.1 Members shall not engage in any of the following acts:
- (a) use fraudulent information or third-party information when applying for the Services or changing the Services;
- (b) change any information posted by the Company or cause disruptions to the Services
- (c) collect, save, post, or distribute another Member’s personal information or account information without consent;
- (d) copy, dissemble, imitate, or otherwise modify the Services through reverse engineering, decompiling, disassembling, or any other processing methods;
- (e) disrupt the Company’s Services by causing the server to overload by using the Services in a manner contrary to their normal usage, such as using an automatic connection program;
- (f) give unauthorized access to a third party, such as lending or transferring the Member’s account to the third party;
- (g) infringe the intellectual property rights of the Company and/or a third party, such as copyright;
- (h) damage the reputation of the Company and/or a third party or interfere with the business of the Company and/or a third party;
- (i) engage in or induce speculative acts, such as gambling; exchange or post obscene or vulgar information or connect to pornographic sites; use the Services in an unhealthy manner, such as transmitting or distributing words, sounds, texts, pictures, photographs, or videos that induces shame, hatred, or fear;
- (j) use the Services for purposes other than its original purpose without the Company’s consent, such as using the Services for-profit, sales promotion, advertisement, publicity, political activities or election campaigns;
- (k) register, sell, post, or send by email any material that contains software viruses and other computer codes, files, programs that are designed to disrupt or destroy the computer software, hardware, telecommunication equipment to destroy or disrupt the proper operation of the Service equipment or to destroy information;
- (l) duplicate, distribute, promote, or commercially use any information obtained using the Services without authority or use the Services by exploiting known or unknown bugs;
- (m) register any third party application that are unsuitable for sale or use;
- (n) include any virus, harmful files, malicious script, files, data or codes in a third party application with the purpose of damaging, creating loss, adversely affecting, or disrupting the Company’s or the Member’s server and database;
- (o) take advantage by deceiving others or cause damage to others in relation to the use of the Services;
- (p) engage in any other acts that violates relevant laws or is inequitable.
8.2 Members shall safely manage the access right and access method to their accounts registered on the site. Members shall be liable for any account theft and service use caused by reasons attributable to the Member.
8.3 Members shall comply with this Terms and Conditions and other notices provided by the Company with regard to the Services. If a Member violates this Terms and Condition or any notices provided by the Company, the Member shall be liable for any damages and losses incurred due to the Member’s non-compliance.
CHAPTER 4 SERVICE USE AND RESTRICTIONS
9. PROVISION OF SERVICES
9.1 The Company shall allow Members to use the Services immediately upon the execution of the Terms of Service Agreement pursuant to Section 4. However, for certain Services, the Company may initiate the Services at a designated date in accordance with the Company’s needs.
9.2 The Company may provide any other additional services with the Services stipulated under this Terms of Service.
9.3 The Company may classify the Members into different groups and differentiate the Services provided to the different groups, such as the number of use or the scope of Services provided.
10. USE OF SERVICES
10.1 The Services shall be available on a 24/7 basis with no holidays or breaks unless the Company has any technical or operational problems.
10.2 Notwithstanding Section 10.1, the Company may suspend its Services, in whole or in part, if any of the following occurs. In this event, the Company shall announce the suspension of the Services in advance on the initial screen of the Services or on the notice board of the Services. The announcement shall include the reason and period of suspension. If the Company cannot announce of the suspension in advance due to unavoidable circumstances, the Company may announce the suspension after the fact.
- (a) the suspension is necessary for system operation, such as periodical system checks, expansions, and replacements of servers, unstable networks;
- (b) the provision of normal services is rendered impossible due to blackouts, Service equipment failures, overload of Service use, equipment maintenance, and inspection by the telecommunication service provider, etc.; or
- (c) the occurrence of any event beyond the control of the Company, such as war, accidents, natural disasters, or other national emergency equivalents thereto.
10.3 The Company provides the Services through the website.
10.4 As the Seller, the Company shall be liable for the application provided by the Services. However, the Company is not the Seller of the third-party applications provided by the Members and does not verify the validity or safety, etc., of the third-party applications. Members shall be liable for any information and third-party applications they provide through the store or download from the store, and the Company shall not bear any liability or responsibility for such matters.
10.5 In the event of paid Services, Members may be required to pay a fee separately stipulated in for the respective Services.
10.6 If the Services are used through the network, the Services may be unstable or suspended upon the network connections; therefore, the Member may not be able to use the Service in whole or in part, and the Company shall not be liable for such matters.
10.7 Certain background tasks may run if the Members use the Services through the network. In such cases, additional costs may incur depending on the type of device and the network service the Member using. The Company shall not be responsible for any such costs.
11. CHANGES TO AND SUSPENSION OF SERVICES
11.1 The Company may change the Services for operational and technical purposes to provide the Services more efficiently, but the Company must notify the Members prior to the execution of such changes. Nevertheless, the Company may notify the changes after the fact if the changes are not material and are necessary and unavoidable, such as modifications needed to fix bugs or errors, or the execution of emergency updates.
11.2 The Company may suspend the Services under circumstances in which the Company is unable to continue providing the Services due to business discontinuation, such as business transfer, split, merger; expiration of the Application Service Agreement; or critical management issues such as a dramatic drop in profit of Services. In such cases, the Company shall notify the Members of the suspension of Services on the first page of the Services or a linked page, the Company’s website, or any other screens where the Service is provided, stating the date and reason for the suspension, thirty (30) days before the suspension date, and notify the Members pursuant to Sections 23(1) and 23(2).
12. PROVISION OF ADVERTISEMENT
12.1 The Company may display advertisements in the Services regarding the operation of the Services. Moreover, the Company may send advertising materials to the Members through electronic email, text services (LMS/SNS, etc., provided that the Members have consented to receive such advertisement materials. The Members may at any time refuse to receive such materials from the Company, and the Company shall stop sending such materials upon the Member’s notice of rejection.
12.2 The Members may be linked to any advertisements or services provided by third parties through various links and banners in the Services provided by the Company.
12.3 If a Member is connected to an advertisement or service provided by a third party as stipulated in Section 12.2, the services provided in such links are beyond the Company’s scope of Services, and the Company does not warrant the trustworthiness, safety, etc., of such advertisements and services. Moreover, the Company shall not be liable for any loss or damages that the Member suffers in connection with the linked advertisement or services.
13. ATTRIBUTION OF INTELLECTUAL PROPERTY
13.1 All copyrights and intellectual property rights related to the Application produced by the Company shall be attributed to the Company.
13.2 If a Member uploads a third party application that they have created to the Service, the Member shall be deemed to have granted a right of use to any related copyrights and intellectual property rights to those Members who have purchased or downloaded the third party app for free. Furthermore, the Member shall be deemed to have granted the Company a right to use the related copyrights and intellectual property rights in the respective application, the explanation to the application, any uploaded documents, company name, etc., to the extent necessary for the Company to provide the Company’s Services.
13.3 The Member shall be the owner of any copyrights and other intellectual rights in the third party application. The Member shall be solely liable for the third party application if it infringes upon the copyright or the other rights of a third party.
13.4 Members do not purchase the copyright or intellectual property rights in the applications. They receive the right to use the applications from the Company or other Members. Accordingly, the Members cannot engage in any acts that infringe upon the Company’s or other Member’s copyright or other rights, such as copying, transferring, and modifying the application, without the respective owner’s expressed consent.
13.5 Members shall not use the information obtained through the Services provided by the Company for any profit-making purposes or to allow access to such inforamtion to third parties, by copying, transmitting, editing, publicly announcing, distributing, broadcasting, creating derivative works, etc.
13.6 If the Company receives any claim for damages or any other assertions from a third party asserting that a Member has violated its copyright or intellectual property right, the Member shall endeavor to indemnify the Company. If the Member cannot indemnify the Company, the Member shall compensate all damage suffered by the Company due to the Member’s infringement of the right.
13.7 The Company may use any Members’ posts posted on the Services to advertise, expose, operate, or improve the Services and research to develop the new Services. The Company’s use of the Member’s post may include storing, copying, revising, publicly transmitting, producing derivative works, displaying, and distributing the Member’s posts.
13.8 The Company may delete, reject the registration of, or transfer any posts within the Service without prior notice if the Company determines that the post constitutes any prohibited acts prescribed in Section 8(1).
13.9 If a Member’s legal interest is violated due to any information posted on the Company’s bulletin board, the Member may request the Company through email to [ firstname.lastname@example.org ] to delete the information or to upload a post refuting the posted information. In such cases, the Company shall take the necessary measures pursuant to applicable law and notify the Member of such measures.
13.10 This Section will be effective while the Company operates the Services and shall survive the withdrawal of a Member’s membership.
14. PURCHASE OF APPLICATION, PERIOD OF USE, AND METHOD OF USE
14.1 The Application purchased or downloaded by the Member through the Services may only be used on the device that has downloaded and installed the Application. Members shall not allow third parties to use the application by copying, transmitting, or leasing, etc., the application to the third party.
14.3 In the event the individual agreements concluded between the Members and the Company, such as Maintenance Agreement, etc., expire, the Member may no longer update the application, and there may be restrictions on downloading the application.
15. RESTRICTION OF SERVICE FOR MEMBERS
15.1 If a Member violates its obligation under this Terms and Conditions or interferes with the normal operation of the Service, or the Company determines a Member fails to meet the Company’s membership requirements, the Company may restrict such Member's use of the Service in whole or in part.
15.2 If a Member is restricted from using the Services pursuant to Section 15.1, the Company shall notify the Member of the following:
- (a) the reason for the restriction;
- (b) the type and period of restriction; and
- (c) the method through which the Member can object the restrictions imposed.
15.3 The Company may suspend the Services for the respective account until the Company has completed its inspection on the following:
- (a) if there is a proper report stating that the account has been hacked or stolen, or used in criminal activities; or
- (b) if there is a need for provisional measures regarding the use of Services for any other similar reasons.
16. OBJECTION PROCEDURE FOR RESTRICTIONS OF SERVICE
16.1 The Member may object to the restrictions imposed by the Company by submitting a letter of objection to the Company in writing, through email or any similar methods, within fourteen (14) days from the date the Member received the notice of restriction. The letter of objection shall include the reasons for the objection.
16.2 Within fourteen (14) days of receipt of the letter of objection, the Company shall respond to the Member, stating the reasons for the objection. However, if it is difficult for the Company to respond within the aforementioned period, the Company must notify the Member of the reason for the delay and the processing schedule.
16.3 If the Member’s objection is valid, the Company shall take actions accordingly.
CHAPTER 5 WITHDRAWAL OF MEMBERSHIP, REFUND OF OVERPAYMENT, AND TERMINATION OF TERMS OF SERVICE AGREEMENT
17.1 The purchase payment is charged, and a Terms of Service Agreement For Paid Services is concluded based on the terms prescribed in this Terms and Conditions and other terms prescribed in the sales conditions when the Member Clicks “Purchase,” “Pay,” “Confirm (Payment),” etc. in the Application. In principle, the charge and payment of the purchase payment are subject to the policies and methods set forth by the payment method designated by the Member.
17.2 For any third party applications created by the Members, the founding Member shall determine the price of the application. The Company shall not interfere with any decisions regarding the price of the application.
17.3 In the event the paid services are paid in foreign currency, the actual amount paid may be different from the amount indicated on the Services due to the exchange rate and exchange rate fees.
17.4 If a Member fails to settle any payments within a certain amount of time after ordering an application, the Company may cancel the order without the Member’s consent.
18. WITHDRAWAL OF SUBSCRIPTION
18.1 A Member that has concluded an agreement with the Company regarding the purchase of paid services may withdraw their subscription within seven (7) days from the latter of (i) the closing date of the Terms of Service Agreement for Paid Services; and (ii) the date the Service was available for use.
18.2 The Member’s withdrawal of their subscription may be limited if the Service constitutes a restricted service that cannot be withdrawn pursuant to applicable laws, such as the Act on Consumer Protection in Electronic Commerce, Etc. Moreover, if the law requires the Company to take certain measures to restrict the withdrawal of Subscription right, the Company shall comply with such requirements.
18.3 Notwithstanding Sections 18.1 and 18.2, if the application performs in a manner inconsistent with what was written in the sales agreement or the advertisements, the Member may withdraw their subscription within a period of three (3) months of the date the application was available for use or within thirty (30) days from the date the Member became aware, or should have known, of the difference in performance.
18.4 If the Member withdraws their subscription, the Company shall confirm the Member’s purchase history through the payment method provider such as Google, etc. Moreover, the Company may contact the Member using the information they provided to learn of the reasons for withdrawal and to request additional evidence. The Company may suspend any transactions until the completion of the confirmation process, and if a transaction cannot be confirmed, the Company may cancel the respective transaction.
19. REFUND OF OVERPAYMENT
19.1 The Company shall refund the Member for any overpayments. However, if the overpayment is caused by the Member’s negligence and not by the Company’s intentional act or negligence, the Member shall bear the burden of the actual expenses incurred in relation to the refund to the extent reasonable.
19.2 Depending on the payment method selected by the Member, the Company may cancel the payment or use the selected payment method to refund the overpayment.
19.3 To process the overpayment, the Company may contact the Member using the information they provided and request for additional information.
20. TERMINATION OF AGREEMENT
20.2 The Company may terminate the Terms of Service Agreement or suspend the Services provided to a Member if there are material reasons for which the Agreement cannot be maintained, such as the Member’s violation of an act prohibited under this Terms and Conditions or under other applicable law.
CHAPTER 6 COMPENSATION OF DAMAGES AND LIMITATION OF LIABILITY
21. COMPENSATION OF DAMAGES
21.1 The Company and the Member shall indemnify each other if they violate this Terms and Conditions, causing damage or loss to the other party. However, neither party shall be liable for any damage or loss that did not arise out of willful misconduct or negligence.
21.2 If the Company enters into a cooperation agreement with an individual service provider and the individual service provider provides services to the Member after the Member consents to a separate terms and conditions for the individual service, the Company shall not be liable for any damages caused by the individual service provider’s willful misconduct or negligence, unless the Company itself was negligent or has engaged in willful misconduct. All such damages shall be borne by the individual service provider.
22. LIMITATION OF LIABILITY
22.1 The Company shall not be liable for the provision of the Services in cases where the Services cannot be provided due to natural disasters, power outages, or any other force majeure events equivalent thereto.
22.2 The Company shall not be liable for any damages caused due to any of the following, unless the damage is caused by an intentional or grossly negligent act of the Company:
- (a) maintenance, replacement, regular inspections, or constructions related to the Services, or any other causes equivalent thereto;
- (b) any disruptions in the use of Services caused by the intentional or negligent act of the Member;
- (c) the lack of reliability or accuracy in the information posted by other Members;
- (d) any transactions or disputes arising from or in relation to the services between Members or between a Member and a third party;
- (e) use of the Services provided for free;
- (f) any loss suffered by a Member in relation to the use of a third party application or other information provided by another Member;
- (g) the Member’s failure to gain benefits that the Member expected from using the Services;
- (h) the leakage of the Member’s information due to the Member’s improper management of their account password, device password, or a password for external services, such as Google;
- (i) disruptions in the use of the Application, in whole or in part, caused by the Member changing their mobile device, operating system, international roaming, or network provider;
- (j) the Member’s deletion of any application or account information provided by the Company;
- (k) any third party attacks on the server, the illegal use of the server, or disruption of the Service through abnormal access using a program; and
- (l) any other reasons that are equivalent to each of the Sections above that are not recognized as causes attributable to the Company.
22.3 The Members shall be liable for the reliability and accuracy of any information, data, facts, etc., they post, and the Company shall not be liable for any damages or losses suffered by the Members or other third parties in relation to the inaccurate or false information.
22.4 The Company does not warrant the validity or safety of any third party applications that are distributed through the Service. Members who install and use the third party applications shall indemnify the Company from all liability raised in connection with the third party application, and accordingly, the Company shall not be liable for any damages or losses caused due to the third party application.
22.5 The Company shall not be liable for any of its or other third parties’ damages or losses caused by the willful or negligent act of the Member in connection with the use of the Services.
22.6 The Company shall not be liable for any damages or losses caused in connection with the Member’s disclosure of their personal information to others.
22.7 The Company shall not be held liable for a Member’s failure to gain the benefits it expected from using the Services or the losses incurred in connection with the use of information that the Member obtained from the Services unless the losses were caused due to the Company’s willful or negligent act.
23.1 The Company may notify a Member by e-mail, electronic memo, note, text message (SMS/MMS), pop-up notice, or any business-wise possible method.
23.2 When providing notice to all Members, the Company may substitute individual notification pursuant to Section 20.1 by posting a notice or displaying a pop-up screen on the Company’s website or on the first screen of the Services for seven (7) or more days.
24. JURISDICTION AND GOVERNING LAW
24.1 This Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Korea, without giving effect to any choice or conflict of law provision or rule. Any lawsuits related to disputes between the Company and a Member shall be brought to a competent court under the Civil Procedure Act.
24.2 This Terms and Conditions is written in Korean and translated into any language other than Korean for the convenience purpose of Users only. In case of any discrepancy or inconsistency between the Korean version and any other language version other than Korean version, the Korean version of this Terms and Conditions shall always prevail.
25. RESOLUTION OF COMPLAINTS AND DISPUTES
25.1 The Company shall display the procedures for making suggestions or filing a complaint within the Service or a linked page on the Service for the convenience of Users.
25.2 Should the Company find the Member’s suggestion or complaint valid, the Company shall resolve the complaint in a reasonably swift manner. If the Company requires a longer period of time to resolve the complaint, the Company shall notify the Member of the reasons for the delayed resolution and the expected timeline in accordance with Article 23.1.
(Addendum) (2022. 4. 01)
1. (Effective Date) This Terms and Conditions shall enter into force on April 01, 2022.