Terms of Service
These Terms of Service (these “Terms”) apply to your (hereinafter, “user” or “you”) use of the “Golf Fix” and “Golf Fix-Coach” applications and any subsequent versions of the service (collectively, the “Service”) as provided by [MOAIS, Inc.] (the "Company"). Please read these Terms carefully prior to your use of the Service. Your access and use of the Service shall be deemed as your agreement to all the contents of these Terms. If you do not agree with these Terms, please cease using the Service.
Chapter 1 General Provisions
The purpose of these Terms is to determine the rights, obligations, and responsibilities of the Company and you in relation to your download and use of the application implementing the Service ("Service App") on your personal computer or mobile device through the Google Play store or Apple App Store (or any other similar distribution platform, collectively, "App Providers") or your use of the Service through the Company’s website or other software provided by the Company. These Terms determine the legal relationship between you and the Company. Please note that your relationships with App Providers are governed by the Terms of Service of such App Providers.
2. Stipulation and Amendment of These Terms
- To ensure that users are aware of the contents of these Terms, the Company posts these Terms on the platform or provides these Terms on a connection screen.
The Company may amend these Terms at any time it deems necessary to the extent permissible under relevant law. If these Terms are amended, the Company will notify users of the contents of the amendment, the reason for the amendment, and the effective date of the amendment no later than 7 days prior to the effective date and will continue to notify users for a substantial period after the effective date. If the amendment is unfavorable to the user, the amended contents and the reason for such amendment will be provided to users no later than 30 days prior to the effective date.
- When the Company announces the amended Terms, the Company also notifies users that any failure to express their consent or rejection shall be deemed as an acceptance of the amended Terms, and in such case, the amended Terms shall apply to any user that fails to explicitly state his or her rejection of the amendments by the effective date. However, amendments that are favorable to the user or are made for legal reasons may be effective immediately.
3. Rules Outside of These Terms
Any matters not stipulated in these Terms shall be governed by relevant law, provisions of the individual service terms of service, and operation policies and rules determined by the Company.
4. Notice and Contact Method
- When the Company contacts a user regarding the Service, it may use the information (e-mail address, etc.) entered by the user, and in the case of notification to many unspecified users, the Company may post a notification on the Service App or the bulletin board within the website operated by the Company for at least one week instead of providing individual notifications. However, individual notifications are provided for matters that have a significant impact on the user’s own transactions.
- If there is any change in the information entered by the user when applying for a subscription, the user must reflect such change or notify the Company, and the Company shall not be responsible for any disadvantages caused by the user’s failure to reflect the changed information or to notify the Company.
Chapter 2 Ownership and License of the Service and Service App
1. Ownership of the Rights in and to the Service and Service App
- Company Assets are protected under the Copyright Act, intellectual property laws, and other laws. Company Assets include the business proprietary information and exclusive information of the Company, and you shall not infringe on the confidentiality of such business proprietary and exclusive information and shall take all measures necessary to respect and protect such information.
- All rights to updates, corrections, and improvements to Company Assets belong to the Company or, in some cases, to the licensor of the Company. No implied license, right or interest beyond the scope specified in the Terms is granted to you in our provision of the Service and the licensing of the Service App.
2. Scope of License to the Service App
- You may use a copy of the Service App in object code format for personal use only for the purpose of using the Service in your Terminal. You are only licensed the object code version of the Service App, and you do not have any rights to the original source code of the Service App. You can use Company Assets for personal use only for the use of the Service.
- If you use the Service App in a manner that is outside the license scope under these Terms, the Company may withdraw or cancel the license granted to you at any time. The Company will notify you without delay of the reason for the withdrawal or cancellation of the license, except when the Company is not legally permitted to provide such notice (e.g., when the act of providing such notice will be in violation of law, regulations, or order of a regulatory authority, or results in the interference of an investigation by a regulatory authority) or when the Company reasonably determines that such notice may cause damage to the user, a third party, or the Company (e.g., when the security of the Service will be harmed).
3. Access to Information in Your Possession
If the Company requests to collect and use information by accessing the unique phone identifier (IMEI, unique device-ID, etc.) on your Terminal in which the Service App has been downloaded for the use of the Service, you must comply with such request or your use of the Services may be limited.
4. License to Content
Video, audio (e.g., music and other sounds), graphics, photos, text (comments and scripts), branding (trade name, trademark, service mark or logo, etc.), interactive features, software, metrics, and other materials you upload or provide (collectively “Content”), you hereby permanently grant the Company and its affiliates a non-exclusive, perpetual, royalty-free license to the Content, and allow affiliates to transfer or sublicense their licenses. Pursuant to this license, the Company and its affiliates may use, copy, edit, modify, adapt, perform, display, broadcast, distribute, lease, publicly transmit or otherwise use, or create derivative works of, all or any portion of the Content.
5. Restrictions on the Company Assets and License
- You may be granted only a limited license to the object code version of the Service App.
- You may not use Company Assets for commercial purposes.
- You may not copy, reproduce, modify, convert, translate, or create or distribute derivative works of Company Assets in any language.
- You may not license, sublicense, grant any authority or rights to third parties, lease, rent, loan, transfer, sell, distribute, or export Company Assets.
- You may not reverse engineer, decompile, disassemble, reverse engineer, reconfigure, identify, confirm, or discover Company Assets, especially the source code, ideas, user interfaces, and algorithms of the Service and Service App.
- You may not remove, change, or obscure notices regarding copyrights, intellectual property rights, titles, or other rights included in, or in relation to, Company Assets.
- You may not destroy, incapacitate, or bypass any methods applied to protect copyright or other rights to Company Assets.
Chapter 3 Execution of Service Use Contracts
1. Acceptance and Restrictions on Member Registration and Use Applications
- If you wish to become a member (“Member”) of the Service, you must agree to these Terms, and you must apply for member registration according to the Company’s procedures prior to using the Service.
- Member registration will be complete upon your agreement to these Terms and the Company's acceptance of your use application. Agreement to these Terms is made through selecting your agreement to these Terms at the time of the use application, through other consent buttons, or your signature.
- You must provide truthful information when applying for registration, and you are responsible for any disadvantages and legal responsibility for entering false information.
- Member types are divided into ‘General Member’ and ‘Coach Member’, and the information and data requested by the Company when applying for registration and the content and scope of Service provided after subscription may differ depending on such type.
- The Company will immediately approve your application for Member registration pursuant to paragraph 1 but may not accept you as a Member in any of the following cases. If the Company discovers that any of the following circumstances apply after acceptance of membership, the Company may immediately suspend your service account or impose appropriate restrictions, such as deleting your content and personal information. The Company will notify you without delay of the fact of the use restriction and the reason for such restriction, except when the Company is not legally permitted to provide such notice (e.g., when the act of providing such notice will be in violation of law, regulations, or order of a regulatory authority, or results in the interference of an investigation by a regulatory authority) or when the Company reasonably determines that such notice may cause damage to the user, a third party, or the Company (e.g., when the security of the Service will be harmed).
- You register up using a false name or another person's name
- You enter false information or do not provide the contents requested by the Company
- There is a violation of other related laws or Company standards
- If the Company approves the Member's use application, a service use contract shall be deemed to have been validly entered into between the Member and the Company as long as the Member does not violate these Terms and related laws.
2. Use Rights
- The Service cannot be used in regions that do not allow this type of Service.
- You confirm that you have reviewed all the contents of these Terms and that you are able to comply with these Terms. You may use the Service only if you are recognized as being able to understand and comply with these Terms.
3. Member Account (ID) and Password
- The Company shall provide the Member an account (ID) necessary for Service use.
- The Company has the right to perform all Member management tasks, such as determining whether the Member’s service should be made available through the account information.
- Members must manage their account information with the full duty of care as a good manager. Members are responsible for any damages caused by neglecting to manage his/her account information or consenting to the use of such account by a third party, and the Company will not be liable except in the case of the willful misconduct or negligence of the Company.
- Members are responsible for managing their password and can change their password at any time.
- Members must change their password regularly.
- If a Member becomes aware that his or her account information has been stolen or is being used by a third party, the Member must immediately notify the Company and follow the Company's instructions. The Company shall not be liable for any damages caused as a result of the Member’s failure to notify the Company after becoming aware of such fact or to follow the Company's instructions after notifying the Company, unless the Company has engaged in willful misconduct or negligence.
Chapter 4 Rights and Obligations of Contractual Parties
1. Prohibited Matters
You may not engage in any illegal activities in relation to Company Assets, including any of the following acts. You may be subject to civil and/or criminal liability in accordance with applicable laws for engaging or attempting to engage in any such acts.
- You may not use Company Assets for illegal purposes or for any purpose not expressly permitted by these Terms.
- You must not engage in any act that interferes with the Service, including damaging Company Assets or the Service or causing such to overload or become unavailable for use.
- You must not use Company Assets to transmit worms, viruses, or destructive code.
- In using the Service, you must not engage in any of the following actions or any similar actions that the Company reasonably determines is inappropriate in light of the purpose of providing the Service:
- Acts that violate laws, court judgments, decisions, orders, or administrative measures that are legally binding
- Acts that hinder or are likely to hinder public order or morals
- Acts that infringe copyright, trademark, patent, design rights, or other intellectual property rights, reputation rights, privacy rights, and other legal or contractual rights of the Company or a third party
- Sending or posting excessively violent expressions, explicit sexual expressions, expressions that discriminate against race, nationality, creed, sex, social status, expressions that induce or promote suicide, self-harm, substance abuse, or other anti-social content that causes offense to others.
- Impersonating the Company or a third party or intentionally distributing false information
- Sending the same or similar pictures, voices, messages, etc. to multiple unspecified users, adding other users as friends indiscriminately, and other acts that the Company determines as spam
- Engaging in business, propaganda, advertising, solicitation, or other for-profit activities (except those recognized by the Company), sexual or illicit behavior, requesting or inducing prostitution, acts that slander, defame or insult other users, or otherwise using the Service for a purpose other than the specified purpose of use
- Providing profits or otherwise coordinating or supporting criminal organizations or anti-social forces engaged in terrorism, violence, drugs, human trafficking, etc.
- Participating in religious activities or recommending others to join a religious organization
- Actions that interfere with the server and network system of the Service, illegally manipulating the Service using bots, cheating tools, or other technical means, deliberately using an error in the Service, repeating the same complaint more than necessary or otherwise making unreasonable questions or demands to the Company, otherwise interfering with or hindering the Company’s operation of the Service or other users’ use of the Service
- Creating data through audio recording, video recording, capture, shooting, or otherwise in the process of using the Service, and leaking such data to a third party or distributing such data through a third party
- An act of assisting or encouraging an act falling under any of subparagraphs 9 through 11 above
- You may not create or design a false website online with the intention of implying that it is affiliated with the Company and/or Company Assets.
- You must not use Company Assets for any commercial purpose or engage in any activity implying that you are affiliated with the Company and/or Company Assets.
- You must not use the Service or access the Service through any method or route other than the interface provided by the Service.
- You must not exchange Service usage rights for cash, property, or other economic benefits in any way other than those determined by the Company.
- You must not violate these Terms or user guidelines.
2. Company Obligations
- The Company must faithfully exercise its rights and perform its obligations as stipulated in the relevant laws and these Terms in good faith.
- If there is a failure in equipment or loss of date during the Company’s work in making service improvements for the purpose of providing continuous and safe Service, the Company will make best efforts to repair or restore such failure or loss without delay unless it is prevented from doing so for unavoidable reasons such as natural disasters, emergencies, technical defects, or otherwise. However, the Company disclaims any liability for any failure in a supplier's facilities or data loss due to a supplier's willful misconduct or negligence, unless such is the result of the Company willful misconduct or gross negligence.
- If a user incurs damage arising from the service provided by the Company, the Company shall be liable for such damages to the extent caused by the willful misconduct or gross negligence of the Company, and the scope of such liability shall be limited to general damages.
- If the Company determines that the opinions or complaints raised by users are justified, the Company shall promptly process them. However, if prompt processing is difficult, the reason and processing schedule must be notified to the user.
3. Prevention of Unauthorized Use
The Company reserves the right to exercise any means necessary to prevent or control unauthorized or illegal use of the Service. As part of the exercise of these rights, the Company may implement technical measures, IP mapping, and make requests to mobile operators.
4. Personal Information Protection
The Company strives to protect your personal information in accordance with the relevant laws. The Company’s policy for the processing of your personal information can be viewed on the connection screen separately prepared in the Service or Service App.
Your opinions, suggestions or feedback (“Feedback”) regarding the Service or Service App constitute the Company’s assets. The Company exclusively has all rights to Feedback. The Company may use Feedback for commercial or other purposes without compensation to you or others, and no Feedback is treated as confidential. You agree that you will not acquire any rights to the Service or Service App (including any changes or modifications thereto) for providing Feedback. The Company is not responsible for the lawfulness, credibility, adequacy, originality, or copyright of any Feedback submitted by you.
You may transfer your rights and obligations under these Terms only with the prior written consent of the Company. Meanwhile, the Company may transfer rights and obligations under these Terms and rights and obligations to Company Assets to a third party in accordance with the procedures stipulated under relevant laws.
Chapter 5 Use of the Service
Article 1 Service Contents
- Users must be responsible for their use of the Service and shall be fully responsible for all their actions during their use of the Service and the consequences. When a user registers a password for the use of the Service, the user is fully responsible for strictly managing such password from being used unlawfully. The Company deems all actions made using the registered password as the customer's own actions.
- If the Company determines that it is necessary to improve the performance or security of the Service, change functions or configurations, comply with laws, and prevent illegal activities or abuse of the Service’s system, the Company may change all or any portion of the Service contents and cease the provision of such contents at any time. In such case, the Company will, in principle, provide advance notice of any significant changes or suspension of provision that adversely affects the user. However, notice after the fact may be given in exceptional cases where prior notice is not reasonably possible, measures to improve security or service compatibility are necessary, or if such is necessary for the prevention of abuse or compliance with legal requirements. If it is difficult to explain the reason or details of the change, the Company will disclose the reason such information cannot be provided.
- To provide better services, the Company may display various information, including various notices, management messages, and other advertisements related to the use of the Service to the user on the Service or send such information directly to the user's e-mail account.
- The Company does its best to provide the best service to users. However, the provision of the Service may be temporarily suspended for regular or temporary inspections for equipment maintenance or repair, or for other significant reasons. In such case, unless there are urgent circumstances such as compliance with legal requirements or maintenance of service security, we will notify you in advance on the Service provision screen.
2. Provision of the Service
The Services provided by the Company are as follows. Use of a portion of the Service may be restricted for non-members.
- Golf swing diagnosis service
- Golf swing related education service
- Golf coaching service
- Services incidental to the above services
- Other services determined by the Company
3. ’Golf Fix-Coach’ Application
- Coach Members can upload contents such as golf lessons and videos through the ‘Golf Fix-Coach’ application among the Service Apps provided by the Company. In principle, General Members cannot use the ‘Golf Fix-Coach’ application.
- Coach Members shall not provide golf lessons, education, and other content services for a fee to General Members other than through the 'Golf Fix-Coach' application or other the Service App provided by the Company.
- The Company may pay a certain amount of remuneration or compensation as determined by the Company for content uploaded by the Coach Member through the ‘Golf Fix-Coach’ application.
- Any matters not specified in these Terms related to the ‘Golf Fix-Coach’ application will be subject to a separate contract or the Company’s operating policy or instructions.
4. Use of Services Provided by Affiliated Partners
5. Advertisement Publications
The Company may display advertisements of the Company or a third party on the Service.
Article 2 Paid Services
- The user pays money related to the use of the service to the Company according to the method determined by the Company (wire transfer, credit card, automatic payment, or other payment methods determined by the Company).
- The Company notifies the user of the specific terms and conditions of use related to the paid service in this section by stipulating in the detailed usage guidelines for each paid service or individual contract, or by posting on the payment screen for each paid service.
2. Fee Payments and In-App Payments
When you purchase a flat-rate service or other paid products (“Products”) through the App Providers' in-app payment ("Payment") in the Service, you agree to pay all amounts including the any taxes and fees used by you and the Company.
You must comply with the payment processing services terms and conditions of the App Providers you use, and fulfill your contractual responsibilities accordingly.
If you purchase Products through App Providers, all payment questions, issues, complaints, etc. will be handled in accordance with the terms and conditions of the App Providers’ payment processing service you are using. The Company has no authority to be involved in the foregoing and shall not bear any legal responsibility.
The Company cannot change the settings of the user’s Terminal. When a user in his or her sole discretion purchases a flat-rate service or Product by setting the Terminal to enable the simple payment function that omits the authentication process, the Company cannot be involved and shall bear no liability.
3. Payment Responsibility for Third Party Payments
You are responsible for all claims arising in connection with your account, unless the Products are purchased as a result of your personal information being leaked due to the Company’s willful misconduct or gross negligence.
The Company shall not be responsible for any third party Payment occurring as a result of your failure to use the password setting functions of your Terminal or App Providers, exposure of your password due to your negligence, or theft of your name or personal information.
Please take precautions to prevent your acquaintances, children, and family members from purchasing Products using your Terminal. If your acquaintances, children, or family members purchase products without your consent or against your will, you are responsible for paying the fee, and the Company shall not be liable for such payments whatsoever, unless otherwise provided by applicable laws.
Please note that purchases of all Products related to the Service (including each of the following Products) are non-refundable unless otherwise stated in these Terms or as required under relevant law.
- Products possessed by users who have been suspended from using the Service due to violation of these Terms or illegal acts
- Products that have been used in whole or in part.
- Products that have passed 5 years from the date of purchase
- Products remaining after 1 year from the most recent use of the Service
- Products of users who withdrew from the service or deleted the Service App
You can stop using the Service at any time in the future. If you cancel the Service after the service period has commenced, you may incur Payment platform fees, the costs corresponding to the period up to the time of termination, and a cancellation fee (10% of the fee for the remaining period), and if you use any Service or related Products at the time of cancellation, the cost for the use may be deducted from the refund amount.
In addition, all refunds for Products permitted under the laws of the country in which you reside may be processed and restricted according to the refund rules of the Payment platform (e.g., App Providers) that you used to purchase Products. Therefore, we recommended that you directly check the refund policy and policy of the provider.
Chapter 6 Relationships with Third Parties Related to the Service
1. Relationship with Third-Party Beneficiaries such as App Providers
If you have downloaded the Service App from App Providers, you agree that by agreeing to these Terms, App Providers will be third beneficiaries of these Terms and will have the right to enforce these Terms against you in accordance with the Terms. You agree that your license to use the Service or Service App is subject to your acceptance of all applicable third-party terms, including all terms and conditions of App Providers.
2. Authority to Use Communication Networks and Terminals
- When it is necessary to use a communication network of a third party such as a mobile communication service provider or a wired/wireless internet service provider for the use of the Service, you must obtain the lawful authority for the use of the telecommunication network from such third parties, and the Company will not be involved or undertake any obligations.
- You must have a lawful right to use the Terminal from which you download the Service App or to the Terminal that can access the website that provides the Service. If you expect to sell or transfer such Terminal or lose your rights to such Terminal, you must delete the Service App or related personal information from the Terminal in advance, and you shall be fully responsible for any issues arising from your failure to do so.
3. Use of Third-Party Software
When you use the software or technology of a third party in using the Service, these Terms shall also apply to the act of using such software or technology.
4. Unavailability of Emergency Communication Service
The Service is not a telecommunication business service. As such, the Company cannot provide emergency communication services to medical institutions, investigation agencies, etc. due to physical limitations for users. Please note that the Service is not a substitute for telephone services.
5. SMS Charges Incurred When Using the Service
When you use your Terminal’s SMS function to deliver Service-related messages to others or invite people you want to communicate with to the Service, third parties (SMS service providers) may charge you fees in connection with the use of these SMS features.
6. Third Party Websites or Services
Chapter 7 Service Termination and Use Restrictions
1. Withdrawal from the Service
You can terminate the use of the Service at any time by deleting the Service App from your Terminal. If you want to delete your account, you can do so through the “withdrawal” menu among the setting functions in the Service App. If you have subscribed to flat-rate services, you must cancel the flat-rate services before withdrawing from the Service. You are responsible for all liabilities arising from your failure to do so.
2. Termination of Service Provision by the Company
- The Company may limit your use of the Service or suspend your account temporarily or permanently if any of the following occur or if it determines that the following or such circumstances are sufficiently likely to occur. The Company shall not be held liable for the restriction and termination of the provision of these services except as otherwise provided by law.
- Use beyond the scope under Chapter 2, or acts in breach of Chapter 3, Article 2 or Chapter 4, Article 1 of these Terms
- Illegal copying, fraud, defamation, or acts in violation of the Special Act on Sexual Violence and the Child and Youth Protection Act or other laws
- Engaging in or being involved in account hacking, identity theft, fraudulent use of credit cards, or other similarly inappropriate activities related to purchase or payment
- When the purchase of products is canceled pursuant to Chapter 5, Article 2, Section 3 of these Terms
- Infringing on the human rights, intellectual property rights, property rights or other rights of a third party
- When the Company reasonably determines that the user committed an immoral act according to social norms
- The Company will notify you without delay of the Service termination or restrictions on your use of the Service or the reason for such termination, except when the Company is not legally permitted to provide such notice (e.g., when the act of providing such notice will be in violation of law, regulations, or order of a regulatory authority, or results in the interference of an investigation by a regulatory authority) or when the Company reasonably determines that such notice may cause damage to the user, a third party, or the Company (e.g., when the security of the Service will be harmed).
- If the Company does not have a record of login or access to the Service for the periods specified by the law, these Terms, or separate operating policy of the Service-related company, the Company may terminate the service contract and delete the user’s account or make the account dormant after implementing the advance notice procedures to the customer. However, if the Company is unable to notify the user, such as the user not providing a valid email address to the Company at the time of member registration, the Company may give notice after the account is deleted or converted into a dormant account.
Chapter 8 Disclaimers and Limitation of Warranties
The Company shall be exempt from any liability arising from your engaging in any of the following acts.
- Violation of these Terms or related laws
- Infringement of the rights of a third party, or using the Service and Company Assets for unjust purposes
- When a dispute arises with other users (including disputes between General Members and Coach Members) using the Service and Company Assets
- Leaking the personal information of another person using such without permission
- In case of taxes or costs are incurred for Service-related purchases, and as a result a third party makes a claim or files a lawsuit against the Company, the Company’s licensors, the Company’s partners, the Company’s affiliates, directors, employees, transaction counterparties, or others (collectively, "Company Parties") and the Company Parties incurs damages (including attorneys’ fees) as a result
In this case, the Company Parties may exercise their right to lead the response to the dispute, including the appointment of a legal representative, at your expense. If you are considering entering into an agreement, settlement, or otherwise with the third party, you must obtain the prior written consent from the company, and any agreements or settlements made without the consent of the Company have no effect on Company Parties.
2. Limitation of Warranties
- The Service is provided to you as is and the Company makes no warranties regarding the status of the Service. In connection with the provision of Services to you, the Company makes no warranty regarding your profit, fitness for your particular purpose, your satisfaction, your expected quality of service, the accuracy of the information you obtain, or otherwise.
- The Company is not responsible for any issues that may arise in connection with your use of the Service, unless otherwise provided by law. You may resolve such issues by removing the Service App from your Terminal and disabling the Service.
- The Company makes no warranties whether express or implied that the Service or the Service App does not have any practical or legal defects (including regarding safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security-related defects, errors, bugs, infringement of rights, or otherwise). The Company is not obligated to remove these defects and provide the Service to customers.
- The Company makes no warranty regarding the transmission of Content or safety from viruses in relation to your use of the Service.
3. Limitation of Liability
- In relation to your use of Service App and Service, the Company shall not be liable for any damages incurred by you except for direct damages caused by the Company’s willful misconduct or gross negligence. For example, we are not responsible for indirect damages incurred by you, damages caused by punitive sanctions, damages from business closures, and lost profits. The same applies even if the Company is notified in advance of the possibility of such damage. If the Company is liable for damages for the user’s purchase of products, such as when Products are purchased due to disclosure of your personal information caused by the Company’s willful misconduct or gross negligence, the scope of compensation shall be the upper limit of the purchase amount for the Products that the user has proved through submission of evidence or otherwise.
- The Company shall not be liable for personal damages incurred in the process of the user accessing or using the Service, damages caused by a third party illegally accessing or using the Company’s server, damages caused by a third party interfering with the transmission to or from the Company’s server, damages caused by a third party transmitting or distributing malicious programs, damage caused by omission or destruction of transmitted data, and damages incurred to users due to the actions of other users or third parties such as defamation without willful misconduct or gross negligence of the Company.
4. Prerequisites for the Company's Provision of the Service
You acknowledge and agree that the provision of the software and the Service and the price thereof are determined according to Chapter 8, Article 2 (Limitation of Warranties) and Article 3 (Limitation of Liability) of these Terms.
5. Waiver of Rights
Failure of the Company to exercise or enforce any rights or provisions of these Terms shall not be considered a waiver of such rights or provisions. The waiver of any rights of the Company under these Terms shall be effective only upon if it is in writing signed by Company.
Chapter 9 Interpretation, Governing Law and Dispute Resolution
1. Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the subject matter hereof. If any provision of these Terms is unenforceable, those provisions shall be modified only to the extent necessary to make them enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
The headings of the provisions of these Terms are provided for convenience only and do not constitute part of these Terms and do not limit or affect the contents of such provisions.
3. Preservation Measures
You acknowledge that, your obligations to the Company under these Terms are of an irreplaceable nature. There may be irreparable damage to the company due to the breach of your obligations, and monetary damages may be an inadequate remedy. If the Company expects you to breach your obligations, the Company may apply for preservation measures such as a preliminary injunction.
4. Interpretation of These Terms
Only the Korean version of these Terms are authentic. In the event of any conflict between the Korean version and the English version, the interpretation according to the Korean version shall prevail.
5. Governing Law and Jurisdiction
These Terms shall be construed in accordance with the laws of the Republic of Korea and any disputes related to these Terms shall be resolved under the exclusive jurisdiction of the Seoul Central District Court as the court of first instance.
These Terms were announced on December 15, 2023
These Terms will be effective as of December 29, 2023