CHATIE Terms of Service

GENERAL TERMS

1. Purpose

This Terms of Service (this “Agreement” or the “Terms and Conditions”) between you, a User and EINEBLUME Co., Ltd., a company organized under the laws of the Republic of Korea (hereinafter the “Company,” “we,” “us”, “our”, or “EINEBLUME”) govern your use of our Chatie https://global.chatie.me (“Chatie”)(the “Chatie Service(s)”, or “Service(s)”). “You” or “Your” means you or any other person or entity identified in any service account on whose behalf you are authorized to act.

2. Definition

  1. In this Agreement, the following terms shall have the meanings specified in this Article 2.
    • “Chatie” means the website or mobile application developed and operated by the Company (https://global.chatie.me) for Chatie Services.
    • “User” means a user of Service who has agreed to these Terms of Conditions and has completed the User Registration.
    • “User ID” means a combination of letters, numbers, and special symbols that are designated by the User and approved by the Company to identify the User and use the Service.
    • “Password” means a secret code consists of alphabets and numeric numbers that a User can choose to protect the User’s access to Chatie.
    • “Account” means a login account based on “User ID” and “Password”.
    • “Balloon” means data in the Services that may be used for the purchase of the Paid Service.
    • “Contents” means any storytelling and words, letter, sign, symbol, sound, picture, video or item for such storytelling or any link to any of the foregoing that is uploaded to Chatie by a User. “Posting” or “Post” means such uploading.
    • “Paid Contents” means a third party (including the affiliates of the Company) contents that may be provided to a User under the terms of contract between EINEBLUME and such third party contents provider [and certain Contents posted by a User on a condition that may be available to other Users on a fee].
    • “Item” means rights or contents that may be used during the use of Service by a User, including the right to use Service without ad pop-up, right to promote a User’s Contents, items or contents that may be used for decoration of a User’s Contents, etc.
    • “Paid Service” means supply of Linked Contents, Item or other services that may be provided by Company to User on a fee or by using Balloon.
  2. Any terms or expressions used in this Agreement that are not otherwise defined in Article 1 shall be interpreted in accordance with applicable laws, any instructions using the Chatie Services provided by the Company or business customs.

3. Applicability and Amendment

    Applicability
  1. This Agreement applies to all Users of Chatie Services.
    2. Agreement to be Bound
  2. By creating a User account via the online user interface on Chatie, or by otherwise accessing or using any part of Chatie Services, you effectively give your consent to be bound by the terms and conditions of this Agreement.
  3. If you do not agree to the terms and conditions of this Agreement, you cannot create a User account, or access or use any part of the Chatie Services.
    4. Amendment
  4. We reserve the right to change or modify any of the terms and conditions of this Agreement at any time and in our sole discretion. We will provide 15 days prior notice to you before making any such changes; provided, if in our opinion, any such changes may not be so favorable to you, then in such cases, we will provide at least 30 days prior notice to you via E-mail or SMS (However, if we cannot reach you due to failure on your part to update your contact information, then a prior notice will be deemed given to you by posting the amended terms and conditions on the Chatie).
  5. Your continued use of any part of Chatie Service following our notice to you of any changes or modification to any of the terms and conditions of this Agreement or posting of the amended Agreement on Chatie will constitute your consent to such changes or modifications. If you do not agree with any of the changes or modifications to this Agreement, you must stop using Chatie Services and contact us for cancellation of your membership.
  6. By agreeing to be bound by the terms and conditions of this Agreement, you also agree to periodically check Chatie for any amendment to this Agreement. The Company is not responsible for any damages or losses you may incur due to your failure to check for the updates or changes to this Agreement.

4. Other Applicable Terms and Conditions

    Applicable Laws
  1. Any matters not specifically addressed in this Agreement shall be governed by the provisions of applicable Korean laws, including without limitation, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter the “Information and Communications Network Act”) and the Act on the Consumer Protection in Electronic Commerce, etc.
    2. Separate Agreement
  2. If you, as a User entered into a separate agreement with Company concerning the Paid Service or any other product or services offered by the Company through Chatie, then the terms and conditions of the separate agreement (“Paid Service Terms of Use”, etc.) shall govern the relationship between the parties concerning that other subject matter in addition to this Agreement.

AGREEMENT FOR USING CHATIE SERVICE

5. User Registration

  1. A person who intends to use the Service (hereinafter referred to as “Applicant”) shall, when executing first service client, apply for subscription by checking the checkbox indicating that the “Applicant” agrees to the terms and conditions and our privacy policy and carrying out the process of identity authentication and User ID creation. Membership is established by the Company's acceptance of the application of the “Applicant”. In this case, the “Applicant” will be deemed to have agreed to the following.
    • Agree to these Terms and Conditions.
    • Recognize and agree that sanctions may be taken in violation of these Terms and Conditions.
  2. The Company may, if deemed necessary, have the applicant submit a separate document for joining.
  3. In the following cases, the Company may or may not withhold the acceptance of the subscription or may terminate this Agreement afterwards.
    • If the User with whom the Company previously terminated this Agreement applies for re-enrollment
    • If the User who has withdrawn under these Terms and Conditions has applied for the same email address again within 30 days
    • If the User submits application with other’s name/identity
    • If false information is entered in the application form or the information requested by the Company is not entered
    • Application is not acceptable due to the fault of the “Applicant” or User or application is in violation of other regulations
    • Other cases where the Company clearly acknowledges that it may be harmful to other “Users” or contrary to social order and morals based on relevant laws and regulations.
    • In case that children under 14 do not obtain permission from their legal agent (parents, a guardian, etc.)
    • In case of an application pursuant to this Paragraph, Company may require real name verification and user authentication through a specialized agency according to the type of Users
  4. The Company may withhold approval if there is no room for service-related facilities, or if there is a technical or business problem in providing the service, or if the Company deems it is financially or technically necessary to do so.
  5. If the acceptance of subscription is withheld in accordance with Paragraph 4, the Company may notify such withholding to the email address entered by the “Applicant” when the Company deems necessary.
  6. The Company can give a grade to User according to Company policy and can differentiate the level of service according to the grade.
  7. The Company may limit a User’s use of the Service to abide by rating and age limit in accordance with the Juvenile Protection Act, etc.

6. Change of User Information

  1. The User can access his/her user information at any time through the settings and My Page menu, etc., and can modify the information by inputting on the page or requesting the Company.
  2. If the User changes the information specified in the subscription application, he/she shall inform the Company of the change, and the Company shall not be responsible for any disadvantages caused by not notifying the Company of the change.
  3. The User shall notify the Company without delay or register the change by changing his/her personal information without delay if any matters specified in the application for registration, such as contact means (e-mail, mobile phone number), are changed.
  4. The Company shall not be liable for any damage caused by such omission.

7. Collection and Protection of Personal Information

  1. The Company collects the personal information necessary from the User to provide the Service.
  2. The Company shall endeavor to protect the personal information of the User collected under Paragraph 1. Regarding the protection and use of personal information, relevant laws and the Company's privacy policy shall apply.

8. Responsibility for Managing “User ID”

  1. The User is responsible for the management of “User ID” and “Password” of the User, and the User shall not allow the third party to use “User ID” and “Password” of the User.
  2. When the User recognizes that the “User ID”, “Password” and additional information are stolen or used by a third party, he/she shall immediately notify the Company and follow the instructions of the Company.
  3. In the case of Paragraph 2, the Company shall not be responsible for any disadvantages caused by not notifying the Company or not following the instructions of the Company even if notification of the User to the Company exists.
  4. The Company can restrict the use of the “User ID” when the “User ID” of the User has the concern of the leakage of personal information, contradicts social norms or morals, or maybe mistaken as the Company or the Company's administrator

USE OF CHATIE SERVICES

9. Use of Service

  1. The “Service” provided by the Company is as follows
    • providing access to and use of Chatie to use or post Contents and to use Paid Contents [for free or for a fee (depending on the Contents)]
    • providing User the opportunity to commercialize or merchandize the Contents by (including but not limited to) posting advertisement within the Contents, selling or licensing the copyrights to the Contents or selling other contents or items
    • providing friends of User with information using linked social network service (SNS)
    • Sales of commodities (i.e. contents, items)
    • Delivery of commodities for which Users purchased or sold, or other services related sale and purchase of commodities.
    • Any other services related to the above
  2. Service can be used immediately after the Company approval. However, if you do not complete email verification, there may be restrictions on the use of some or all of the Services. The Company may designate separate service hours for each category by dividing the Service into certain categories. In such a case, however, the Company shall notify Users of the information beforehand.
  3. The Service usage time shall be in principle 24 hours a day, 7 days a week (00: 00-24: 00) except when the Company cannot provide the Service for technical or business reasons.
  4. The Company may temporarily suspend the provision of Services if there are reasons for its operation, such as regular inspection, replacement and failure of service facilities, or loss of communication. In such a case, the Company will notify the User in advance according to Article 10. If there is an unavoidable reason that cannot be notified in advance, it will be notified after the event.
  5. The Company may conduct regular inspection when it is deemed necessary to provide the Service, and the regular inspection time will be announced through the service provision screen.
  6. The Company shall, in the event of suspending (or terminating) the Paid Service due to the serious business necessity of the Company, such as the split of the Company, merger, business transfer, abolition of business, deterioration of the revenue of the content service, etc., the User will be notified in the manner specified in this Agreement, and compensation will be provided to User as stipulated in this Agreement or as notified separately by the Company.

9.7 Use of Paid Service

  1. The Paid Service may be purchased by using Balloon.
  2. Balloon may be acquired by:
    • purchasing a license to use Balloon for a fee,
    • earning a license to use Balloon by performing or accomplishing specific tasks in the Services, or
    • transfer of a license to use Balloon from a User to other Users.
  3. Balloon may be transferred by a User to other Users. Balloon once transferred to a User may not be re-transferred to other Users.
  4. Balloon is redeemable for money or monetary value from the Company at the conversion rate posted from time to time by the Company by after deduction of administration fees.

10. Notice to the User

  1. If the Company notifies the User, it can be done by e-mail of the User registered in the Service unless otherwise specified in this Agreement.
  2. In the case of Paragraph 1, the Company shall not be responsible if the User does not receive e-mail authentication or if he/she inputs false e-mail intentionally or by mistake.
  3. In case of notification to the whole User, the Company may substitute the notice of Paragraph 1 by issuing news in the Service or posting it on the notice board for 7 days or more.

11. Changes in Services

  1. In case there are difficulties in providing smooth service due to reduced usage, deterioration of profitability, the need to switch to next-generation service due to technological progress, and change of Company policy related to service provision, according to operational and technical needs, we reserve the right to change, modify suspend or terminate any part of the Chatie Services.
  2. We reserve the right to suspend or terminate the Chatie Services provided for free or any part thereof in view of the Company's policy and operational needs. In such a case, unless otherwise provided by the applicable law, there will be no compensation to User.
  3. In case that there are changes to Service, how to use and service hours, or suspension of termination of Service, Company shall notify the item of Services changed, suspended or terminated, the reason and time of such changes on Chatie or by push notification messages at least 30 days beforehand.

12. Restriction to Use of Service

  1. The Company may restrict the use of Service in stages by warning, temporary suspension, permanent suspension, etc. when a User violates the obligations under this Agreement or interferes with the normal operation of the Service.
  2. Notwithstanding the preceding Paragraph, the Company may permanently suspend the use of Service when the Use violates the applicable laws such as name theft and payment theft, phone number theft, the provision and operation of illegal programs, illegal communication and hacking, distribution of malicious programs, violation of access rights, etc. In case of permanent suspension of use according to this Article, all benefits obtained during the use of Service will also be extinguished, and the Company will not compensate for this.
  3. Company may restrict the use of User information for protection and operational efficiency if a User does not log in continuously for more than three (3) months.
  4. The conditions and details of restrictions under this Article will be provided in the Usage Restriction Policy of the Company.
  5. In the event of restricting the use of the Service or terminating the Agreement in accordance with this Article, the Company will notify in accordance with Article 9 [Notice to the User].
  6. User may file an objection against restrictions on use under this Article according to the procedures set by the Company. If the Company acknowledges that the objection is justified, the Company will immediately resume the use of the Service.

13. Termination of Service

  1. A User may request the Company for termination of the Agreement on Service screen ‘Deletion of Account’ at any time and the Company shall immediately process such request pursuant to the applicable laws.
  2. In case that a User terminates the Agreement, all data regarding that User will be deleted, except for the User information that may be kept by the Company pursuant to the provisions of the applicable laws and the Privacy Policy.
  3. If the User terminates the Agreement, all "Balloons" held by the User may not be used any more, and no separate compensation will be given to the User.
  4. If the User uses the Contents selected by the User using the "Balloon" purchased from the Service, the amount will be refunded after deducting the proportion of the "Balloon" used from the amount paid. Refund will be made in the same way as the payment is made within three (3) business days from the date of receipt of the notice to withdraw the subscription, provided that If refund is not possible in the same way, Company will notify the User immediately and refund in the method selected by the User.

RIGHTS AND OBLIGATIONS OF THE PARTIES

14. Obligations of the Company

  1. The Company does not disclose, share or distribute any personal information collected from any User to a third party without the User’s express consent; provided, that we may disclose such information to relevant government agencies, including without limitation, the Korea Communications Commission pursuant to a legal requirement, a judicial order or government regulations, to the extent required under applicable laws.
  2. The Company will promptly process any complaints reported to our customer service department. In the event the Company cannot respond to complaint in timely manner, the Company will communicate reasons for the delay and estimated time of our response through Chatie or via e-mail.
  3. The Company closely observes all applicable laws for providing and maintaining the Chatie Services, including without limitation, the Information and Communications Network Act, and the Protection of Communications Secret Act.

15. Rights and Obligations of the User

  1. Copyright and intellectual property rights of the Contents belong to the User who created.
  2. If the Company" wish to use the Contents of the User, it must obtain the consent of the User in advance through telephone, fax, e-mail, etc., provided that If the Company wish to use the Contents of the User for research, analysis, and learning purposes, Company can proceed without obtaining consent. If there is a separate agreement for the sue of Contents, the terms of such agreement will apply to the copyright and other matters of the Contents.
  3. The User shall not:
    • Provide false information when applying for subscription or changing the “user” information
    • Theft of others' information
    • Change the information posted on the Service of the Company or use the information obtained by using the “Service” for reproduction, publication, broadcasting, etc. for commercial or non-profit purposes or offer to third parties without the prior consent of the Company
    • Receive money or transfer the right to use the Services or receive money in return by providing a third party with the opportunity to promote the User or promoting a third party on behalf of a third party using the “Services” provided by the Company
    • Infringe on the rights of the Company or third parties, such as posting false facts about the Company or other third parties or infringing on intellectual property rights
    • Use unfairly the “Service” by stealing the User and “Password” of other “Users”
    • Use the Company's paid services using payment information of others without the permission of others, such as account numbers and credit card numbers of others
    • Post any content that suggests joining a pyramid or terrorist organization or post obscene or violent messages, postings or voices, or disclose or posting information that is against public order or morals
    • Transmit or post information (computer program, etc.) that is prohibited from being transmitted or posted by related laws such as the Information and Communication Network Act
    • Post harmful media for juveniles under the Juvenile Protection Act
    • Disseminate information, sentences, figures, sounds, etc., in violation of public order or morals
    • Post or send messages by pretending or impersonating an employee of the Company or a manager of the Services or by using the name of another person
    • Post or e-mail any materials containing software viruses or other computer codes, files or programs designed to disrupt or destroy the normal operation of computer software, hardware or telecommunications equipment
    • Interfere with other Users' use of the Service, such as stalking, abusive language, or plastering
    • Collect, store or disclose the personal information of other “Users” without their consent
    • Collect information from other “Users” to post advertisements or propaganda or send spam mails to an unspecified majority
    • Modify, reverse engineer, decompile, or disassemble software provided by the Company
    • Use the Company's intellectual property without permission, including the Service description or terms and conditions of the Company, without the Company's consent
    • Provide information in the Services to competitors or potential competitors of the Company
    • Access to information that is not open to “Users”, such as server computer of the Company
    • Attempt an individual transaction other than the Service which is not agreed with the Company in advance by exposing personal information or exposing personal contacts
    • Violate current laws, terms and conditions set forth in the Services provided by the Company, and other regulations regarding the use of the Services
    • Interfere with any other User's use of the Services or the provision of the Services by the Company.
    • Act other actions that may be harmful to the Company and the Services
  4. The User should comply with the related laws, the provisions of this Agreement, the precautions noticed related to information of use, and Service, and the notices of the Company, and should not act in any way that interferes with the work of the Company. If the User acts in violation of Paragraph 1 or Paragraph 2, the Company may delete or temporarily delete the Contents, may restrict the use of the Service, may terminate this Agreement, may permanently delete the Account, may take legal action such as civil sue or criminal charge. If the damage occurs to the Company, we can claim for damages.

GENERAL PROVISIONS

16. Attribution of Rights

  1. Copyright and intellectual property rights of the Service belong to the Company. However, this excludes posts and copyrighted works provided under an affiliate agreement.
  2. The Company grants the User only the right to use Account, “User ID”, content, etc. in connection with Service according to the terms and conditions set by Company, the User is not allowed to transfer, to sell, or to provide collateral the right to use.

17. Promotional Materials

  1. The Company may, from time to time, provide various information that it considers is needed for a member to use the Chatie Services on Notice within Chatie, the Chatie Service screen or by push notification message or e-mail to the Users. Provided that a User may reject the supply of information at any time, except for the transaction-related information in accordance with the applicable law and the responses to customer inquiries.
  2. The Company may post advertising materials in relation to operation of Services on Chatie Service screen, home page or by push notification message.

18. Removal of Inappropriate Contents

  1. If the Contents of the User include material that are in breach of the applicable law, the manager of Contents may request to discontinue to post and remove from Chatie such Contents pursuant to the applicable law, and the Company shall take actions pursuant to the applicable law,
  2. If the Company deems there is breach of other party’s rights, the policy of the Company or the provisions of applicable law, the Company may, without the request of manager, take injunctive actions on such Contents.
  3. The detailed procedure for this Article shall be as provided by the Company pursuant to the applicable laws.

19. Liabilities

  1. The Company agrees to indemnify and hold harmless a User from any damages or losses arising out of or resulting from any intentional misconduct or negligence of the Company in providing the Chatie Service.
  2. A User agrees to indemnify and hold harmless the Company, its officers, employees and agents from any claims, lawsuits, damages or losses including court costs and attorney’s fee arising from any breach by the User of this Agreement or any provisions of applicable laws.
  3. You agree to indemnify, defend and hold the Company, its agents, directors, officers, and employees harmless from and against any and all third-party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Party, arising out of, related to or which may arise from your breach of any term of this Agreement your failure to comply the applicable laws.

20. Limitation of Liability

  1. Company shall not be responsible for providing Service if it is unable to provide due to natural disasters or force majeure events.
  2. Company shall not be responsible for any obstacles to the use of the Service due to reasons attributable to the User
  3. Company shall not be responsible for the reliability and accuracy of information, data, and facts posted by User in relation to the Service.
  4. Company shall not be responsible for transactions between Users or between Users and third parties through Service.
  5. Company shall not be responsible for the use of Services provided free of charge unless otherwise specified in the relevant laws.
  6. Company shall not be responsible for monitoring the content and quality of products or services advertised by a third party through the screen within the Service or through the Paid Contents.
  7. Company and its executives and employees and their agents shall not be responsible for any damages resulting from the following.
    • Damages caused by false or inaccurate status information of User
    • [Personal injuries or damage to properties] that occurs in the process of accessing the Service and using the Service regardless of its nature and circumstances
    • Any illegal access by a third party to the server or damage resulting from the illegal use by a third party of the server
    • Damages arising from any unlawful interference or interruption of transmission to or from the server by a third party
    • Damages caused by viruses, spyware and other malicious programs that are illegally transmitted or distributed by a third party using the Service or caused to be transmitted or distributed by a third party
    • Damages caused by errors, omissions or destruction of transmitted data
    • Other civil and criminal liability for defamation and other illegal acts occurring in the process of registering User status information and using Service between Users

21. International Users

The Service is controlled, operated and administered by the Company from our offices within Republic of Korea. If you access the Service from a location outside Republic of Korea, the Company does not warrant the quality or availability of the Service. Accordingly, if you wish to use the Service outside Republic of Korea, you shall determine to use on your own judgment and responsibility and you are responsible for compliance with all local laws during the use of Service.

22. Governing Law; Dispute Resolution

This Agreement and any action related thereto will be governed by the laws of the Republic of Korea without regard to or application of its conflict of law provisions. Any disputes, claims or controversies arising out of or relating to this Agreement shall be brought before the Seoul Central District Court and you consent to the exclusive jurisdiction of such court.

23. Individual Terms and Conditions

  1. These Terms and Conditions are the basic agreement of for the Service between the Company and the User. If necessary, the Company may determine and notify in advance of the matters to be applied with respect to a specific service. If a User agrees to these individual terms and conditions and uses specific services, those individual terms and conditions take precedence, and these Terms and Conditions have a supplementary effect.
  2. If necessary, the Company may determine the details related to the use of the Service (Use Policy, etc.) and notify it through Chatie.