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Terms of Service

Article 1 - 

Purpose

The purpose of these Terms of Service (these "Terms") is to stipulate the rights, obligations, responsibilities, and other necessary matters between Monoly, Inc. (the "Company") and users in relation to the use of services provided to users by the Company.

Article 2 - 

Services

The Company may provide the following services to users through the platform.

  • Message services
  • Other ancillary services related to message services as set forth in paragraph 1 above
  • Other services determined by the Company

Article3 - 

Company Obligations

The Company shall faithfully exercise the rights and fulfill the obligations stipulated in the relevant laws and these Terms.

If there is a failure in equipment while the service is being improved in the process of providing the service, the Company will use best efforts to repair or restore the equipment without delay unless there are unavoidable circumstances such as natural disasters, emergencies, and technical defects that are difficult to solve.

Article4 - 

User Obligations

Users shall not engage in any of the following acts (including any other similar acts).

  • Abnormal system access
    • Intentionally or negligently installing or distributing programs such as malicious codes or viruses
    • Modifying, copying without permission, or disassembling, imitating or otherwise transforming through reverse engineering, decompiling, disassembly, or any other acts of processing of any part of the program or service provided by the Company
  • Abnormal service use
    • Using the results of services provided by the Company for illegal purposes
    • Using the service for profit, sales, advertising, political activities, etc. without the consent of the Company
    • Using the service with (i) information that does not match the actual information or (ii) the information of others
    • Conducting activities with multiple accounts
    • Intentionally withdrawing from an account and re-registering to delete adverse information in the account
  • Violation of public order
    • Discriminating or promoting prejudice against gender, politics, religion, disability, age, social status, race, region, occupation, etc.
    • Discriminating, slandering, or defaming the Company, other users or third parties
    • Using profanity or abusive language, making threats, etc. against the Company, other users, or third parties
    • Registering information that is against good morals on the platform, such as depicting excessive body exposure or obscene acts, sharing information related to prostitution, or posting content that may cause sexual shame or displeasure to others
    • Posting offensive photos or content, using profanity, vulgar or abusive language or otherwise engaging in abnormal activities that are against social norms
  • Infringement of the rights of others
    • Engaging in acts that infringe or may infringe on the intellectual property rights such as patents, trademarks, and copyrights of the Company, other users, or third parties
    • Infringing on the personal information of others
    • Engaging in the acts that infringe or may infringe on the rights of others, such as web hacking programs, macro programs, and mirroring sites for voice phishing
  • Account trading, transfer, representation, exchange, etc.
    • Selling, transferring, lending, permitting use of the account to others or attempting or soliciting the same
  • Impersonation or misappropriation of identity
    • Impersonating other users, third parties, or employees of the Company
    • Registering or using the service by a minor under the age of 14
  • Miscellaneous
    • Modifying the information posted by the Company without permission
    • Distributing false information for the purpose of giving economic benefits to oneself or others or inflicting damage on others
    • Engaging in acts that are prohibited under other relevant laws, against public morals or other social norms, or adversely affect the smooth provision of the services

Users are obligated to check and comply with the provisions of these Terms, the service use guidelines, service-related notices , and the notices from the Company.

Article 5 - 

Sanctions for User Breach of
Obligations

If a user violates the obligations in Article 4, the Company may impose the following sanctions on the user depending on the importance of the matter and the damage suffered by the Company, other users and third parties.

  • Written warning
    The Company may warn users who breached the obligations under Article 4 in writing by stating the details of the breach, the time of breach, etc.
  • Use restriction
    The Company may restrict or suspend the use of the service and login for a certain designated period. In this case, the Company may prohibit the user's access and may in its discretion delete all or any portion of content posted by the user.

The Company notifies the contents of sanctions through e-mail to the user subject to sanctions in breach of the obligations under Article 4.

Article 6 - 

Service Use Conditions

The Company provides the services for a fee, and the Company may set the terms of use, such as the fee for paid service or the use period, to the user according to the Company’s policy within the scope permitted by the relevant laws in providing these services. The conditions of use of these services are set out in each paid service detailed use and operation policy or individual contract or posted on the payment page for each paid service and notified to the users.

The users pay the Company an amount related to the use of services according to the method set by the Company (i.e., the payment method set by the Company, including account transfer, credit card, and other automatic payment methods).

The Company notifies the users of the specific conditions of use related to the paid services in this Article by setting them in the detailed usage guidelines for each paid service or individual contracts, or by posting them on the payment page for each paid service.

Article 7 - 

Changes to Service

The Company may revise or change the service contents according to operational and technical needs, and in this case, the change will be notified on the platform before the change is made. However, in unavoidable cases such as correction of errors or urgent updates, notice may be given after the fact.

Article 8 - 

Suspension of Service

The Company may temporarily suspend the provision of the services if it is impossible to provide services due to technical failures, reasons attributable to third parties such as server and Internet cable infrastructure providers or key telecommunications services providers, natural disasters, national emergencies, or other circumstances beyond its control. After the cause is resolved, the services will be provided again without delay.

The Company may suspend all services if it is difficult to continue the services due to serious business reasons such as discontinuation of business due to business transfer, division, merger, etc., expiration of infrastructure-related contracts, or significant deterioration in profits of the service. In this case, the Company may publish the date of suspension, reason for suspension, and other related matters or notify the users via e-mail by 30 days prior to the date of suspension.

Article 9 - 

Intellectual Property

All intellectual property rights, ownership, and all other rights regarding the services provided by the Company and related software (including design, code, etc.), the data, information and other work products generated in the process of providing the services (including but not limited to service use information such as the user's keyword search history) shall belong to the Company. The Company may use such work products for service improvements and other business purposes within the scope permitted by the relevant laws.

No intellectual property rights to the services or programs are transferred from the Company to the user by the use of the services or the installation of the programs, and the license to use in accordance with these Terms shall not be construed as a transfer or sale of the ownership of the services or any intellectual property rights.

The Company has a lawful license related to Company content. However, the Company does not grant or guarantee the users any rights or license to use the Company content. If the user uses Company content beyond the scope permitted by the Copyright Act and other related laws, or if he/she publicizes, performs, publicly transmits, exhibits, distributes, or leases such content, the user shall be solely liable for the same.

The user must use the services within the scope of the purpose and methods permitted by the Company and must not infringe the intellectual property rights or other rights of any third parties in breach thereof. In this case, the user shall be solely responsible for the infringement of the rights of the third parties, and the Company shall not bear any responsibility in this regard.

Article 10 - 

Protection and Management
of Personal Information

The Company strives to protect users' personal information, including account information, in accordance with relevant laws. The relevant laws and the Privacy Policy notified separately by the Company shall apply to the protection and use of users' personal information.

The Company is obligated to be equipped with a security system to protect the personal and credit information for the users to safely use the services and discloses and complies with its Privacy Policy. The Company shall not have the users’ personal information disclosed or provided to third parties except as provided for in the relevant laws, these Terms, and the Privacy Policy.

The Company shall not be responsible for any exposure of personal and/or confidential information of others including the account information due to reasons attributable to the user.

If the Company expands or adds the services, the Company may transfer the users’ personal information and data and use the transferred personal information and data.

The Company does not provide services to minors under the age of 14 and does not process personal information of minors under the age of 14. If it is found that a minor under the age of 14 registered for the services in violation of these Terms, the Company will cease providing the services to such user and destroy or return the user's personal information.

Article 11 - 

Termination by User

The user may terminate the service use contract with the Company at any time.

Article 12 - Termination by the Company

If the user breaches these Terms or commits any of the following, the Company may give notice to the user by setting a period of 10 days to cure such breach, and if it is not cured during such period, the service use contract may be terminated. However, if the user violates the law or causes damage to the Company through willful misconduct or gross negligence, the service use contract may be terminated without prior notice.

  • Registration by a child under the age of 14
  • If the data provided by the user is found to be false, such as registration under a false name
  • Any involvement in a criminal act
  • Planning or implementing the use of services for the purpose of impairing the national interest or public interest
  • Misappropriation of another's service ID and password
  • Defamation or adversely affecting others
  • Double registration by the same user with a different ID
  • Any act that causes harm to the services or impairs sound use of the services
  • Any other violation of the relevant laws or the terms of use set by the Company

Upon termination pursuant to paragraph 1, all services provided to the user will be discontinued.

Article 13 - 

Non-Assignment

The user may not transfer, grant, or provide as collateral the right to use the services according to these Terms and the rights and status of other use contracts such as the service contracts between Company and the user.

Article 14 - 

Disclaimers

The Company shall not be liable in any of the following circumstances.

  • Inability to provide the services due to war, incidents, natural disasters, national emergency, technical defects that are difficult to resolve, or other force majeure events
  • Suspension of services, interruption of use, and termination of the service use contract due to the reasons attributable to the user
  • Suspension or failure to provide normal telecommunications services by the key telecommunications services provider
  • Suspension or interruption of services due to unavoidable reasons such as previously announced maintenance, replacement, regular inspection, and construction of the service facilities
  • Problems caused by the user's computer environment or the network environment not attributable to the willful misconduct or gross negligence of the Company
  • Suspension or interruption of services due to the reasons attributable to business partners, such as equipment failure of a partner
  • Disputes arising between users or between users and third parties through the services not attributable to the willful misconduct or gross negligence of the Company
  • Damage caused by the user's device error or by inaccurate entry of, or failure to enter, personal information and e-mail address
  • Inability to provide the services in accordance with relevant laws, government policies, etc.

If the Company incurs damage due to the illegal acts or acts in breach of these Terms by a user or becomes subject to criminal punishment or sanctions from an investigation or administrative agency, the user shall indemnify and hold harmless the Company at his/her sole expense (including without limitation damages, litigation costs, and attorney's fees).

The Company makes no agreement or guarantee for any matters not specified in these Terms in relation to the services to the extent permitted by law.

Article 15 - 

Indemnification

The Company shall not be liable for any damage to the user in relation to the services, except for damages caused by the Company’s willful misconduct or gross negligence

Article 16 - 

Special Provisions for Beta
Services

The Company may provide beta services for a certain period from the time the service is first launched or when the new service is additionally provided

If consent to these Terms is required to use the service or new service, the Company will indicate whether this applies to the beta services and the duration when obtaining consent from the user. If separate consent to these Terms is not required, the Company will indicate whether the service or the new service constitutes the beta services and the beta service period in a separate notification or announcement when the service or the new service is used for the first time.

The Company will notify the users when the beta service period ends.

During the beta service period, the special provisions for beta services set forth in this Article shall take precedence over other provisions, and when the beta service period ends, this Article will no longer apply.

The beta service is a temporary and provisional service provided by the Company for the purpose of service improvements and correction according to evaluation and feedback prior to the provision of the official service, and the users must acknowledge the same to use the beta service.

The Company does not pay any compensation for the user's evaluation and feedback on the beta service.

The provision of the beta services will be terminated according to the schedule set by the Company, but the Company reserves the right to terminate the provision of the beta services at any time as necessary, in which case, the Company will notify users in advance.

The Company does not guarantee any data during the beta service period. Due to the termination of the beta service, the information stored or transmitted in the beta service may cease to be stored, be deleted, or be not transmitted, and other data loss may occur. As such, the user should store important information separately and confirm himself/herself whether such information exists after the beta service termination. The Company shall not be responsible for any of the foregoing.

The Company may modify, change, or temporarily suspend the contents of the beta service during the beta service period, and the Company shall bear no responsibility to the users or third parties for the same.

The Company disclaims any and all liability for errors that occur in the beta service.

Article 17 - 

Jurisdiction

In the event of a dispute between the Company and the user in relation to the Company's provision of services, the Company and the user shall make all necessary efforts to amicably resolve the dispute. If a lawsuit is filed for the dispute, the court having jurisdiction over the parties’ domiciles shall be the court with the jurisdiction over the dispute.

Addendum

These Terms shall be effective as of January [*], 2021.

Monoly Privacy Policy

Using the corporate messenger Monoly service (hereinafter referred to as the “Service”)
provided by Monoly Co., Ltd. (hereinafter referred to as the “Company”) means that you agree to this Privacy Policy.

  • Items of personal information processed
    • The company collects the following personal information.

      Name, company name, email address

    • In the process of using the service, the following information may be automatically generated and collected.

      CID (Affiliated Company Identifier), UID (Personal Identifier), IP Address, Cookie, Date of Use,
      Service Use Record, Bad Use Record, Device Information, Browser Type

    • However, within the above range, the range of personal information processed may be adjusted according to the service class provided by the company.

  • Purpose of processing personal information

    The company uses the collected personal information only for the following purposes, and if the purpose is changed, consent is obtained in advance.

    • Service provision, user identification, business monitoring
    • Service improvement, new service development
    • System management and operation maintenance
    • However, within the above range, the range of personal information processed may be adjusted according to the service level provided by the company.
  • Personal information processing and retention period

    In principle, the personal information of users is used for a limited time only during the period of service provision, and when the purpose of processing the personal information is achieved, it is destroyed without delay. However, in the case of each of the following items, the user's information is kept until the end of the period.

    If an investigation or investigation in violation of related laws is in progress, it will be kept until the end of the investigation or investigation.

    For business monitoring, it is kept for 6 months even after the end of the user's service use.

    If an investigation or investigation in violation of related laws is in progress, it will be kept until the end of the investigation or investigation.

    In addition, personal information is kept for a certain period of time specified in the related laws as follows in accordance with the related laws and regulations. In this case, the company uses the stored information only for the purpose of storage, and the retention period is as follows.

    • Subscriber telecommunication date and time, start/end time, other party's subscriber number, frequency of use, location tracking data of the sending base station
    • Computer communication, Internet log record data, access point tracking data (Communication Secret Protection Act, 3 months)

    However, within the above range, the range of personal information processed may be adjusted according to the service class provided by the company.

  • Consignment of personal information processing

    The company entrusts the following tasks related to the processing of personal information.

    • Trustee: Wudza Technologies Private Limited
    • Consigned work content: Outsourced service development
    • Matters concerning the overseas transfer of personal information
    • Transferred personal information items: name, affiliated company name, email address, CID (affiliated company identifier), UID (personal identifier), IP address, cookie, date of use, service use record, bad use record, device information, browser type
    • Country to which personal information is transferred: India
    • Name and person in charge of transferee: Wudza Technologies Private Limited (person in charge: Pradiman Pandita)
    • Transfer date and method: After personal information is collected, it is processed in a way that the consignee accesses and inquires personal information.
    • Purpose of use: Service outsourcing development
    • Retention and use period: Until the consignment contract ends
  • Provision of personal information to a third party

    In principle, the company does not provide personal information to third parties without the consent of the user.

    The company provides users' personal information to government authorities such as courts only when legally required, such as a court order.

  • How to exercise user rights

    The user can exercise the following rights related to personal information protection at any time to the company

    • Request to view personal information
    • Request for correction if there is an error
    • Delete request
    • Request to stop processing

    The exercise of rights pursuant to Paragraph 1 can be done in writing, e-mail, or fax to the company, and the company will take action without delay.

    If a user requests correction or deletion of personal information errors, etc., the Company will not use or provide the personal information until the correction or deletion is completed.

    The exercise of rights pursuant to Paragraph 1 can be done through the user's legal representative or a person who has been delegated.

  • Destruction of personal information

    When personal information becomes unnecessary, such as the expiration of the personal information retention period or achievement of the processing purpose, the personal information will be destroyed without delay.

    If personal information is to be kept in accordance with other laws and regulations despite the expiration of the personal information retention period or the purpose of processing has been achieved, the personal information is transferred to a separate database (DB) or stored in a different storage location.

    The procedure and method of destroying personal information are as follows.

    • Destruction procedure

      The company destroys personal information with the approval of the person in charge of personal information

    • Destruction method

      The company destroys personal information recorded and stored in the form of electronic files so that the records cannot be reproduced, and personal information recorded and stored in paper documents is destroyed by shredding or incineration.

    Users can inquire to the person in charge of personal information protection and the department in charge of all personal information protection related inquiries, complaint handling, damage relief, etc. that occurred while using the service.

  • Matters on automatically collected personal information and rejection

    The company may install and operate cookies. The purpose and rejection of cookies are as follows.

    • What is a cookie?

      Cookies are very small text files that the server used to operate the website sends to the user's browser and are stored and operated on the user's computer.

    • Purpose of use of cookies

      It is used for user access management, user activity information, etc.

    • Installation, operation and rejection of cookies

      When using the facility, the user has the option to install cookies. Users can allow all cookies by setting options in the web browser, check each time a cookie is saved, or refuse to save all cookies. However, if the user rejects cookies, certain functions of the service may not be available.

  • Personal Information Protection Officer

    The Company has designated the person in charge of personal information protection as follows to take full responsibility for the handling of personal information and to handle complaints and relief from damages of the information subject related to personal information processing.

    • Personal Information Protection Officer

      Name: Sung Kiwoon

      Position: Representative

      Phone: +82-(0)10-3309-5456

      Email address: support@monoly.com

    Users can inquire to the person in charge of personal information protection and the department in charge of all personal information protection related inquiries, complaint handling, damage relief, etc. that occurred while using the service.

  • Measures to ensure the safety of personal information

    The company takes the following measures to ensure the safety of personal information

    • Establishment and implementation of internal management plans for safe processing of personal information
    • Controlling access to personal information and restricting access rights.
    • Application of encryption technology to safely store and transmit personal information or measures corresponding thereto
    • Storage of access records to respond to personal information infringement incidents and measures to prevent forgery and alteration
    • Installation and update of security programs for personal information
    • Physical measures such as provision of storage facilities for safe storage of personal information or installation of locking devices
  • Change of personal information processing policy

    This privacy policy will be applied from [*] month [*], 2021, and any addition, deletion, or correction of any changes will be notified through the notice.

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