Terms of Service

Effective from January 1, 2023 (Current)

METSAKUUR INC. Service Terms of Use

Chapter 1 General Provisions

Article 1 (Purpose)

The purpose of these Terms is to define the rights, obligations, service usage conditions and procedures, and other necessary matters between Mesakuur Company (hereinafter referred to as the 'Company') and its members using the software supply services provided by the Company.

Article 2 (Definitions)

① Terms used in these Terms are defined as follows.

  1. Service: Refers to the 'facial recognition' software developed by the Company, provided to members for use.
  2. Site: Refers to the web-based wireless homepage and mobile application that the Company provides to members for the Service.
  3. Member: Refers to companies, individuals, or individuals designated by companies who have agreed to these Terms, entered into a service agreement with the Company, and received eligibility for the Service from the Company.
  4. ID: Refers to the email address designated by the member and approved by the Company for identification and service use.
  5. Password: Refers to a combination of letters, numbers, or symbols assigned by the Company to verify that a member who has received eligibility for the Service is the same person.

② Any terms not defined in this article will be interpreted according to the Service guidelines, relevant laws, or industry customs.

Article 3 (Scope of Application)

① The Company may establish separate terms of use (hereinafter referred to as 'Individual Terms') or detailed guidelines for each Site or Service, and if the contents of such terms conflict with the contents of these Terms, the contents of the Individual Terms or detailed guidelines will take precedence.

② Matters not specified in these Terms will be governed by the Individual Terms, the Telecommunications Basic Act, the Telecommunications Business Act, the Act on Fair Trade in Distributors, the Act on Promotion of Information and Communication Network Utilization and Information Protection, the Electronic Commerce Consumer Protection Act, or other relevant laws and customary practices.

Article 4 (Effect and Amendment of the Terms)

① The Company shall post the contents of these Terms, including the company name, business registration number, telecommunications sales business registration number, representative's name, business location (including the address where consumer complaints can be addressed), telephone number, email address, and the personal information manager, on the initial Service screen (front) to be easily accessible to Members. However, the contents of the terms may be made available to Members through a linked screen.

② The Company may amend these Terms within the scope not violating the mandatory provisions of the Electronic Commerce Consumer Protection Act, the Act on Regulation of Terms and Conditions, and other related laws.

③ In the event of amending these Terms, the Company shall specify the effective date and the reason for the amendment and notify Members from at least 7 days before the effective date until the day before the effective date. However, if the amendment is disadvantageous to consumers, the Company will announce the amendment at least 30 days in advance and notify Members separately through electronic means such as email.

④ Members have the right not to agree to the amended Terms and may terminate the contract under these Terms if they do not agree. However, if the Company announces or notifies the amended terms in accordance with the preceding paragraph and the Member does not explicitly express refusal or terminate the contract before the effective date, it will be considered as an agreement to the amended terms when continuing to use the Service.

Chapter 2 Service Usage Agreement and Member Management

Article 5 (Conclusion of Service Usage Agreement)

The Service Usage Agreement (hereinafter referred to as the "Agreement") is concluded upon the acceptance of the application for membership registration by the company after the individual who wishes to become a member agrees to the contents of the terms and conditions and applies for membership.

Article 6 (Restrictions on Approval of Application)

The company may reject or delay the approval of a member's application for use in the following cases, and after the contract is concluded, the company may terminate or cancel the contract if the following reasons are discovered or occur:

  1. In case the provision of services is technically impossible or there is insufficient equipment capacity related to the service.
  2. In case of providing false information, omission, or false identity.
  3. In case of attempting to use a duplicate ID or if there is a risk that the member's ID may be mistaken for the company or its operator.
  4. In case the application is made with the intention of disrupting social order or public morals, or for the purpose of disrupting them.
  5. In case an individual under the age of 14 (including individuals under the age of 20 for paid services) applies without the consent of the legal representative (parent, etc.).
  6. In case the member applies for membership without going through the company's designated "authentication procedure."
  7. In case the member attempts to use the service in a country where the service is not provided through abnormal or circumventive methods.
  8. In case the member intends to use the service for profit without the company's prior consent.
  9. In case the company deems it necessary for rational reasons.

Article 7 (Change of Member Information)

① Members can view and modify their personal information through the member information management screen at any time. However, real names and IDs cannot be modified for service management purposes.

② If a member wishes to change the registered information afterward, they must promptly make the changes online or inform the company of the changes through the separate form or procedure specified by the company.

③ The company is not responsible for compensating for any damages caused by a member's failure to notify the company of changes in information.

Chapter 3 General Terms and Conditions for Service Utilization

Article 8 (Service Contents)

① The specific contents of the services provided by the company to members are as follows.

  1. Information and software services provided through the company's website
  2. Any supplementary services developed or supplied by the company to provide the services mentioned in the preceding item

② The service is available 24/7, year-round, as a general rule. However, the company may establish separate service hours depending on the type or nature of the service. In such cases, the company must notify members in advance.

Article 9 (Additional Changes to Service Use)

① The company may, as needed, continuously make additions or changes to the content of the service (structure, interface, design, etc.). However, if the addition or change significantly affects the general rights and obligations of members in relation to the use of the service, the company must notify members of the details of the additional change to the service.

② If the change to the service does not infringe upon the members' intended use, the company will not provide separate compensation or refunds for the changes.

Article 10 (Suspension of Service Use)

① The company may suspend or interrupt the use of the service for members if the following reasons arise:

  1. Due to reasons such as updating the provided service, regular inspections, maintenance, etc.
  2. In the event of a power outage, failure of general facilities, or an abnormal increase in usage disrupting normal service.
  3. Other unavoidable reasons such as natural disasters, national emergencies, war, hacking, Distributed Denial of Service (DDoS), etc.

② In the case of service interruption under Clause 1, the company must notify the members of this fact in accordance with the specified method. However, if it is impossible to provide prior notice due to reasons beyond the company's control, such as service interruption due to uncontrollable factors (system failure without the operator's fault), prior notice may not be given.

③ The company is not liable for compensation for damages incurred by members or third parties due to temporary suspension of service under the reasons in Clause 1. However, if there is the company's fault or a substantial cause-and-effect relationship, the company is not exempt, and the burden of proof for this lies with the party claiming damages.

Chapter 4 Obligations of the Parties to the Contract

Article 11 (Obligations of the Company)

① The company must faithfully provide the services as stipulated in this agreement.

② Members must not engage in the following activities when using the service:

Article 12 (Obligations of Members)

① When a member provides information to the company or inputs information according to this agreement, they must provide lawful and truthful information.

② The company shall not disclose or distribute the personal information of members acquired in connection with the provision of services to third parties without their consent. However, this does not apply when providing information to third parties in accordance with a legal basis under applicable laws.

  1. Providing false information during application or modification, or engaging in identity theft or unauthorized use of another member's ID and password.
  2. Reproducing or distributing information obtained using the company's service without the company's prior approval or using it for commercial purposes.
  3. Damaging the reputation of others or causing harm.
  4. Infringing on the company's copyright, third-party copyrights, or any other rights.
  5. Distributing content, text, images, audio, etc., that violate public order and decency.
  6. Registering or distributing computer virus-infected materials that cause malfunction or destruction of service-related equipment or information.
  7. Impersonating others or falsely claiming relationships with others.
  8. Collecting, storing, or disclosing the personal information of other members.
  9. Engaging in continuous acts that cause embarrassment, hatred, or fear by delivering words, sounds, images, or videos through the service to disrupt the other party's daily life.
  10. 10. Any other illegal or unfair acts.

③ Members may not transfer, donate, sell, pledge, or otherwise dispose of their rights to use the service, as well as any other contractual status under these terms and conditions to a third party.

④ During the test period obtained through the service, members are not allowed to copy, reproduce, translate, publish, broadcast, or use in any other way the information of other members, including candidate videos, screen information, and recording of test status, without the prior consent of the company.

Chapter 5 Termination of Contract and Compensation for Damages

Article 13 (Termination of Contract and Contract Termination)

① If a member wishes to terminate this service usage agreement, they must submit a withdrawal request through the company's website or through a separate method specified by the company. The contractual relationship is terminated at the time the withdrawal request is received.

② The company may unilaterally terminate the service usage agreement if the member violates the obligations stipulated in Articles 6 and 12 of this agreement. The contractual relationship is terminated at the time the termination notice is sent to the email address provided by the member.

③ Upon termination of this agreement, any remaining points or other benefits accrued during the contract period will be immediately forfeited.

Article 14 (Compensation for Damages and Planned Amount of Damages)

① If a member causes financial damage to the company by violating the provisions of this agreement, the member is obligated to compensate the company for all resulting damages.

② In the event that the company claims damages against a member for violating Article 12, Paragraph 2, Subparagraphs 1, 2, 4, 6, 7, and 8 of this agreement, the member shall consider the economic benefits obtained through such violation as the amount of damages to be compensated.

③ If the company incurs claims for damages or other legal actions from third parties, excluding the member, due to the member's illegal or agreement-violating actions in fulfilling the service, the member must indemnify the company at their own responsibility and expense. If the company is not indemnified, the member is obliged to compensate for the damages incurred.

Article 15 (Exemption Clause)

① The company is exempt from compensation liability if the member incurs damages due to any of the following reasons:

  1. In the event of a communication network outage or failure, force majeure, national emergency, power outage, or similar force majeure situations.
  2. When service disruption occurs due to the member's fault (In all cases of violating Article 12, "Member's Obligations," including but not limited to all actions violating the member's obligations specified in Article 12, and when service disruption occurs due to the member's device environment causing the service disruption, all shall be deemed as the member's fault).
  3. When the cause of service disruption is related to services provided by other business operators.
  4. When unavoidable service maintenance is necessary and it has been announced in advance without the company's fault.
  5. When the company has temporarily suspended service provision due to regularly scheduled maintenance as announced on the website.
  6. In cases where service disruption occurs or there is damage to the member's information or data for reasons other than the intentional or negligent acts of the company.

② The company is not responsible for the suspension of service usage, restrictions, data deletion, disruptions, or disadvantages caused by the member's fault.

③ The company has no obligation to intervene in disputes arising between members or between a member and a third party through the service, and is not liable for any resulting damages.

Article 16 (Jurisdiction and Governing Law)

① The governing law for disputes between the company and the member is the laws of the Republic of Korea.

② In the event of a legal dispute between the company and a member residing in Korea, the exclusive jurisdiction is granted to the court having jurisdiction over the location of the company.

③ In the case of a legal dispute between the company and a member residing outside of Korea, the Seoul Central District Court in the Republic of Korea shall have jurisdiction.