Terms and Conditions
- Purpose
The purpose of these Terms and Conditions (“Terms”) is to clearly define the rights, obligations, responsibilities, service usage procedures, and other related matters between Apposter Inc., (“Company”) and the members in connection with the healthcare service “bring” (“Service”) provided through the use of the smart ring. These Terms aim to facilitate effective transactions between the parties and, ultimately, promote mutual development by enhancing the common interests of the parties.
- Definitions
- The definitions of terms used in these Terms are as follows:
- “Member” means a person who enters into a service agreement in accordance with these Terms and uses the Service provided by the Company.
- “Service” means the healthcare service that uses the smart ring provided by the Company and all related services incidental thereto, collectively referred to as “bring.”
- “App” means all programs that are downloaded or installed on mobile devices to use the Service.
- “Content” means all paid or free materials provided by the Company to members in relation to the Service, which are created in digital format, including but not limited to symbols, texts, voice, audio, images, videos, shapes, colors, and their combinations.
- The definitions of terms used in these Terms, except as defined in clause 1, shall follow applicable laws and service-specific policies. In the absence of applicable provisions, general commercial practices shall apply.
- Effectiveness and Amendment of the Terms
- These Terms shall take effect when the Company posts them on the Service screen or notifies them to the members through other means (such as email or a consent window upon login), and when a member agrees to them and subscribes to the Service.
- The Company may amend these Terms to the extent that such amendments do not violate applicable laws. In the event of an amendment, the Company shall specify the effective date and reasons for the amendment and notify members by posting the amended Terms, along with the current Terms, through notices within the App or Service (e.g., pop-up screens) during the seven (7) days prior to the day the amended Terms of Service is to take effect. However, if the amendment is disadvantageous to the member, the Company will notify the members at least thirty (30) days before the effective date and continue to provide notice for a reasonable period after the effective date, using individual notifications, such as emails to the addresses registered in the members’ accounts.
- If the Company notifies or informs the members of the amended Terms in accordance with clause 2, and the members do not explicitly express their rejection of the amendments before the effective date, it shall be deemed that the members have agreed to the amendments. Members who do not agree to the amended Terms may be restricted from using the Service and may terminate their service agreement and discontinue their use of the Service.
- Supplementary Provisions to the Terms
Matters not specified in these Terms shall be governed by applicable laws and regulations.
- Execution of Service Agreement
- A service agreement is formed when a person who wishes to use the service (“Applicant “) reads and agrees to the contents of these Terms, applies for the Service, and the Company accepts the App.
- The Company may refuse to accept any App and may terminate the service agreement even after acceptance in the following cases:
- Where an Applicant uses a fake name or the name or information of another person
- Where an Applicant has entered false information or failed to meet the App requirements
- Where the Applicant is under 14 years of age. However, this shall not apply if consent from a legal representative has been obtained and confirmed
- Where the Applicant resides or stays in a country where the Company does not have the right to offer the Service or applies for the Service through an internet address from such a country.
- Where it is determined that the App was not made for proper use of the Service, such as repeatedly registering and withdrawing membership within a short period of time.
- Where the Applicant has been restricted from using the service for violating these Terms or detailed guidelines and applies for re-registration during the restriction period.
- Where the Applicant was disqualified as a member within a one-year period under these Terms. However, exceptions may apply if the Company approves re-registration.
- Where the App is made for the purpose of engaging in activities prohibited by law or for undermining public order, societal peace, or good morals.
- The Company may withhold or refuse acceptance of an App if it lacks service capacity or if there are technical or operational issues.
- If the Company refuses or withholds acceptance of a membership App pursuant to clauses 2 or 3, the Company shall, in principle, inform the Applicant of this decision.
- Notice to Members
- When the Company provides notices to members, it may do so through email, in-app notifications, push notifications, text messages (SMS/MMS), or other similar means.
- For notices to all members, the Company may replace individual notices by using the same methods as described in Article 3(2).
- Protection of Personal Information
- The Company may collect personal information necessary for the use of the Service from the members in order to provide the Service.
- The Company endeavors to protect the personal information of its members as prescribed by applicable laws and comply with applicable laws and the Company’s privacy policy regarding the protection and use of the personal information. However, the Company’s privacy policy shall not apply to any linked services other than the Services provided by the Company.
- The Company shall not be liable for any disclosure of the member’s information due to reasons attributable to the member without fault of the Company.
- Company Obligations
- The Company shall comply with its obligations set forth in these Terms and applicable laws in good faith.
- In order to provide continuous and stable services, the Company shall use its best efforts to repair or restore the Service without delay, in the event of service interruptions, data loss, or damage during service improvements. Such obligations shall not apply in the event of force majeure, such as natural disasters, emergencies, obstacles or defects that cannot be solved with current technology.
- Member Obligations
- Members shall not engage in the following:
- Registering false information when applying for the service or updating member information.
- Using another person’s personal information fraudulently during the use of the Service.
- Collecting, storing, or disclosing other members’ personal information in a manner beyond what is permitted by the data subject or the Company.
- Reproducing, distributing, or commercially using information obtained through the Service without prior consent of the Company.
- Infringing on the intellectual property rights, including copyrights, of the Company or third parties.
- Using the Service through abnormal methods not permitted by the Company.
- Using automatic access programs or other improper methods to overload the Company’s servers, thereby interfering with the normal provision of the Service.
- Copying, modifying, distributing, selling, transferring, leasing, providing as collateral, or allowing third-party use of any part of the Service or included software without the Company’s consent, or reverse-engineering, extracting source code, or attempting to disassemble or imitate the Service.
- Posting or transmitting promotional content without the Company’s prior consent or using the Service for personal profit without authorization.
- Lending or transferring account access to third parties or granting access rights to others.
- Engaging in gambling or promoting gambling activities, exchanging or posting obscene or vulgar content, linking to pornographic websites, or transmitting or distributing words, sounds, text, images, photos, or videos that cause shame, disgust, or fear to others, thereby using the Service in an inappropriate or harmful manner.
- Posting identical or similar content repeatedly or posting meaningless content for the purpose of spamming message boards.
- Exploiting known or unknown bugs to use the Service.
- Disrupting the operations of the Company or third parties or damaging the reputation of others, including the Company, in the course of using the Service.
- Violating applicable laws, these Terms, operational policies, or other service-related guidelines provided by the Company.
- Engaging in any other illegal or improper activities.
- Members shall comply with applicable laws, the provisions of these Terms, service guidelines, and any notices provided by the Company, and shall not engage in activities that interfere with the Company’s operations.
- Members are responsible for securely managing access to their accounts and access methods. The member shall be liable for any unauthorized use of their account or Service caused by their own negligence.
- Members are liable for any losses or damages resulting from violations of these Terms or failure to comply with the Company’s notices.
- Restrictions on the Use of Service
- A member may terminate the service agreement at any time by withdrawing their membership if they no longer wish to use the Service.
- The Company may suspend the Service for a specific account until investigations regarding the following reasons are completed:
- A legitimate report has been received indicating that the account has been hacked, stolen, or used in connection with criminal activities.
- Other circumstances similar to the above that require temporary measures to restrict the use of the service.
- The Company may terminate the service agreement or temporarily or permanently restrict or suspend access to the Service if a member engages in any of the following activities. Any remaining points or other benefits will be forfeited without compensation:
- Fraudulently using another person’s personal information, account details, or password.
- Disrupting the stable operation of the Service.
- Using the Service with the intent to harm national interests or public interests.
- Posting, distributing, emailing, or transmitting content that infringes on the intellectual property rights of the Company, other members, or third parties, or damaging others’ reputation or causing harm.
- Continuously posting offensive, obscene, threatening, or promotional content that causes inconvenience to other members.
- Distributing computer viruses or other software that disrupts the proper functioning of telecommunications facilities or causes the destruction of information.
- If an external authority, such as the Korea Internet Safety Commission, demands corrective action, or if the Election Commission has issued an interpretation related to illegal election activities.
- Reproducing, distributing, or commercially exploiting information obtained through the Service without prior approval from the Company.
- Violating telecommunications-related laws.
- Engaging in hacking or fraudulent activities.
- If a government agency requests service restrictions in accordance with applicable laws.
- Being reasonably suspected of involvement in money laundering, unfair trading, criminal activities, or related actions.
- Violating these Terms, other conditions set by the Company, or applicable laws and regulations.
- Members whose service agreement has been terminated under clause 3, or who terminate the agreement during a period of service restriction, may be restricted from re-registering.
- If the service agreement is terminated, all member data, including personal information and posts, will be deleted, except where the Company is permitted to retain such information under applicable laws and the Company’s privacy policy.
- If the Company restricts the use of the Service in accordance with this Article, the terms and details of the restriction will follow common practices for online services, under which the Company will notify the member of the following:
- The reason for the service restriction.
- The type and duration of the restriction.
- The method to file an appeal against the restriction.
- Members may file an appeal against the restriction as follows, and if the appeal is deemed valid, the Company will immediately resume the Service:
- If a member wishes to challenge the restriction, they must submit a written appeal, by email or any similar form, outlining the reasons for the objection within 14 days of receiving the notice.
- The Company will respond in writing, by email or any similar form, within 14 days of receiving the request for appeal. If it is difficult to respond within this period, the Company will notify the member of the reason for the delay and the expected timeline for resolution.
- Provision of Services
- The Company may classify members into different levels according to its policy and may differentiate the usage time, frequency of use, and available service menus for each level. Additionally, the Company may request additional information if necessary for the provision of selective services or adjustments to the service scope.
- The Company provides services through its App, and members can use the Service by installing the App.
- Paid services are available only upon payment of the fees specified for the relevant service.
- Services that are downloaded and installed or accessed through a network are provided based on the specifications of the mobile device or telecommunications provider. If there is a change in the mobile device, phone number, or if international roaming is used, some or all content may become inaccessible, and the Company will not be held responsible for such issues.
- For Services accessed via downloaded Apps or networks, background processes may occur. Additional charges may be incurred depending on the characteristics of the mobile device or telecommunications provider, and the Company will not be held responsible for such charges.
- Modification and Discontinuance of Service
- The Company will make every effort to provide the Service to members 24 hours a day, 365 days a year, unless otherwise indicated within the Service.
- Notwithstanding clause 1, the Company may temporarily suspend or modify all or part of the services due to operational or technical needs in the following cases or if there is reasonable suspicion that such cases exist:
- When illegal activities occur through the Service.
- When computer or telecommunications equipment requires maintenance, equipment replacement, or experience malfunctions or communication disruptions.
- When unavoidable circumstances arise due to the maintenance of equipment used to provide the Service.
- When power outages, equipment failures, or a surge in service usage hinder normal service operation.
- When widespread outages, including nationwide or regional network, occur.
- When unavoidable circumstances, such as the expiration of content provision contracts or significant financial deterioration of the Service, prevent the continued provision of the Service.
- In the case of force majeure, such as natural disasters, national emergencies, or regulatory restrictions imposed by any country’s laws or policies.
- If there are any modifications to the content, usage method, or usage time of the service due to the reasons outlined in the preceding clause, the Company shall post the reason for the modification, details of the modifications, and the date of implementation on the initial screen of the Service 30 days prior to the change and notify members in accordance with Article 6. However, if prior notification is not possible due to circumstances beyond the Company’s control or in the case of emergencies, this shall not apply.
- The Company shall not be liable for any restrictions on service functions resulting from issues or maintenance of third-party services linked to the Service, provided such issues are not caused by the Company’s intentional misconduct or negligence. In such cases, the Company will notify the members of the relevant issue.
- The Company may modify, suspend, or change all or part of the services provided free of charge according to its policy or operational needs, and unless otherwise specified by applicable laws, the Company shall not provide separate compensation to members for such modifications.
- If a member disagrees with the modifications to the Service, they may terminate the service agreement.
- The Company shall not be liable for any problems arising from the modification or suspension of the service, provided that the Company did not act intentionally or negligently.
- Provision of Advertisements
- The Company may display advertisements within the Service in connection with its operation. Additionally, the Company may send promotional information via email, text message (LMS/SMS), push notifications, or other methods, to its members who have consented to receive such communications. Members may opt out of receiving these communications at any time, and the Company will cease sending promotional information upon such a request.
- Some services provided by the Company may include banners or links that connect to advertisements or services provided by third parties.
- If a member accesses a third-party advertisement or service through a banner or link as described in clause 2, the Company does not guarantee the reliability or stability of the service provided by the third-party, and the Company shall not be liable for any damages incurred by the member as a result.
- The Company may send real-time notifications regarding important health information, such as blood sugar levels, that may significantly impact a member’s healthcare. These notifications are not considered promotional notifications. However, if the member does not wish to receive such notifications, they may modify their preferences in the <Notification Settings> within the App.
- Ownership of Copyrights
- All copyrights and intellectual property rights to content created by the Company shall vest in the Company.
- Members shall not use, or cause others to use, any information obtained through the Company’s Services for commercial purposes by reproducing, transmitting, editing, publishing, performing, distributing, broadcasting, or creating derivative works without the Company’s prior consent.
- This provision remains effective as long as the Company operates the Service and continues to apply even after the members withdraw their membership.
- Compensation of Damages and Indemnity
- If the Company or a member breaches these Terms and causes damage to the other party, the party responsible shall compensate the other party for the damage, unless the breach was unintentional or without negligence.
- The Company shall not be liable for any failure to provide the Service due to force majeure, such as natural disasters or national emergencies.
- The Company shall not be liable for damages incurred by members for the following causes, unless caused by the Company’s intentional or negligent acts or omissions:
- When the Service cannot be used due to compliance with de facto or de jure administrative rulings or orders from government agencies.
- When the use of the Service is disrupted due to maintenance, replacement, regular inspections, or construction of service-related facilities, or for other similar reasons.
- When the use of the Service is disrupted due to a member’s intentional actions or negligence.
- When server malfunctions occur due to sudden increases in access to the Service.
- When information, materials, or facts posted by members or third parties are found to be altered, false, or inaccurate in terms of reliability, accuracy, or completeness.
- Where there are no special legal provisions regarding the use of free services.
- When transactions occur between members or between a member and a third party using the Service.
- When problems arise regarding specific services that are outside the scope of prior agreements or contracts between the Company and the member.
- When damages result from the restrictions of the Service or termination of the service agreement in accordance with these Terms.
- When the benefits expected by the member from using the service are not attained.
- When a member fails to manage their account password, mobile device password, etc., leading to the leakage of their personal information.
- Where a member is unable to use all or part of the Content due to the member changing his or her mobile device, mobile device number, operating system (OS) version, carrier, or due to overseas roaming, etc.
- When the member deletes Content or account information provided by the Company.
- When abnormal service access or server disruption occurs due to illegal third-party access or the use of illegal programs.
- Any other reasons equivalent to the above, for which the cause is not attributable to the Company.
- The Service is not intended to diagnose, treat, alleviate, or prevent diseases, and no information provided through the Service constitutes medical practices, such as diagnosis or prescription, as defined under Korean medical laws, including the Medical Service Act or the Pharmaceutical Affairs Act. Accordingly, for professional and accurate medical advice, please consult with a healthcare professional.
- Dispute Resolution
- These Terms are governed and construed in accordance with the laws of the Republic of Korea. The Company and individual members shall make every effort to amicably resolve any disputes arising in connection with the Service.
- Notwithstanding the efforts outlined in the preceding clause, if a lawsuit is filed regarding a dispute between the Company and an individual member, the dispute shall be brought exclusively before a court of competent jurisdiction as designated by the Civil Procedure Act as the court of first instance.
- Member Complaints
- The Company, for the convenience of its members, shall provide guidance within the Service or through linked screens on how members can submit their opinions or complaints.
- If the opinions or complaints submitted by members are objectively recognized as valid, the Company shall promptly address them within a reasonable time period. However, if processing the complaint takes a long time, the Company will notify the member of the reason for the delay and the expected processing schedule, either through a notice within the service or in accordance with Article 6(1).
[Addendum]
These Terms and Conditions shall come into effect on September 27, 2024.