Term of Use

1. Purpose

The purpose of these terms and conditions is to stipulate the rights, obligations, and responsibilities of Vespexx Co., Ltd. (hereinafter referred to as "the Company")and the users of the 'Signaling' service and related ancillary services provided through "devices" (hereinafter referred to as "the Service"), as well as other necessary matters.

 

2. Definitions

① The definitions of terms used in these terms and conditions are as follows:

1. “Company” refers to the business entity that provides services through various “devices.”
2. “Member” refers to an individual who has entered into a usage agreement in accordance with these terms and conditions and uses the services provided by the company.
3. “Device” refers to a device that can download or install content, such as a PC, mobile phone, smartphone, PDA, tablet, etc.
4. “Account Information” refers to the information provided by the member to the company, such as member number, external account information, device information, nickname, profile picture, usage information, and payment information.
5. “Content” refers to all digital materials created by the company for service provision that can be used on devices, either for free or for a fee (including network services, applications, paid assets, emoticons, etc.).
6. “Open Market” refers to the electronic commerce environment where content can be installed and paid for on devices.
7. “Application” refers to all programs that are downloaded or installed on a device to use the services provided by the company.

 

3. Effect and Modification of Terms and Conditions

① The company shall create the terms and conditions in a way that is easy for users to understand and shall highlight important contents such as withdrawal of subscription, refund of overpayment, termination of contract, company’s disclaimers, and compensation to the member in bold type so that the member can easily understand them before agreeing to the terms.

② If the company amends the terms and conditions, the company shall specify the application date, amended contents, and reasons for the amendment, and notify the members by posting the changes within the service or on the connected screen at least 7 days before the application date. However, if the changes are disadvantageous to the members or are significant, the company shall notify the members at least 30 days before the application date and inform them of the changes through the same method as the main text and by individual notification as per Article 27, Paragraph 1. In this case, the company shall clearly compare the contents before and after the amendment to make it easy for the members to understand.

③ When the company amends the terms and conditions, it shall confirm the member’s consent to the amended terms and conditions. When notifying or informing members according to Paragraph 2, the company shall also notify the members that if they do not express their intention to accept or reject the amended terms and conditions by the application date, they will be deemed to have accepted the amended terms and conditions. If a member does not express their intention to reject the amended terms and conditions by the application date, they will be deemed to have accepted the amended terms and conditions. If a member does not agree to the amended terms and conditions, either the company or the member may terminate the service usage agreement.

④ The company shall take measures to allow members to inquire and respond to the contents of these terms and conditions.

⑤ The company may amend these terms and conditions to the extent that it does not violate related laws.

 

4. Conclusion and Application of the Usage Agreement

① The usage agreement is concluded when the person who wishes to become a member (hereinafter referred to as the “Applicant”) agrees to the contents of these terms and conditions, applies for the use of the service, and the company accepts the application.

② The company, in principle, accepts the applicant’s application. However, the company may reject the application if it falls under any of the following:

1. If the application form is filled out with false information or does not meet the application requirements
2. If the application is made to use the service abnormally or by circumventing methods from a country where the company does not provide the service
3. If the application is made for the purpose of engaging in acts prohibited by related laws
4. If the application is made for the purpose of disturbing public order or morals
5. If the application is made for fraudulent purposes
6. If the application is made for the purpose of pursuing profit
7. If the applicant is under 14 years old
8. Other cases where acceptance is deemed inappropriate

③ The company may postpone acceptance until the reason is resolved in the following cases:

1. If the company’s facilities are insufficient, specific devices are difficult to support, or there are technical difficulties
2. If there are service disruptions or issues with service usage fees or payment methods
3. Other cases where immediate acceptance is difficult

 

5. Supplementary Rules

For matters not stipulated in these terms and conditions and the interpretation of these terms, related laws or commercial practices shall apply.

 

6. Operating Policies

① To apply these terms and conditions, the company may establish operating policies for matters necessary for the application of these terms and conditions or matters delegated by the terms and conditions. In this case, the “Operating Policies” have the same effect as these terms and conditions.

② The operating policies are part of these terms and conditions, and the users agree to the operating policies by agreeing to these terms and conditions.

 

7. Protection and Management of Personal Information

① The company endeavors to protect the member’s personal information in accordance with related laws, and the protection and use of personal information are governed by related laws and the company’s personal information processing policy. However, the company's personal information processing policy does not apply to linked services other than those provided by the company.

② Except as required by law or requests from relevant national agencies, the company does not provide a member’s personal information to third parties without the member’s consent.

③ The company is not responsible for damages caused by the member’s negligence in managing personal information unless the damage is due to the company’s fault.

④ To protect the member’s personal information, the company, in accordance with the Information and Communications Network Utilization and Information Protection Act, stores and manages personal information separately for members who have not logged in for one year. These accounts are treated as dormant accounts and restricted from use unless otherwise requested by the member. If the member sets a different period for the validity of personal information, the company manages the account according to the set period.

 

8. Company’s Obligations

① The company shall faithfully comply with the rights and obligations stipulated by related laws and these terms and conditions.

② The company shall have a security system to protect personal information and shall disclose and comply with the personal information processing policy. Except as stipulated in these terms and conditions or the personal information processing policy, the company does not disclose or provide personal information to third parties.

③ For continuous and stable service provision, the company shall promptly repair or restore facilities if there is a malfunction or destruction of data unless it is due to unavoidable reasons such as natural disasters, emergencies, or technical limitations.

 

9. Member’s Obligations

① Members shall not engage in the following acts in relation to the use of services provided by the company:

1. Providing false information when applying for use or changing member information
2. Buying or transferring cyber assets (IDs, emoticons, virtual assets, etc.) through services not provided by the company or through abnormal methods, or acquiring and using them
3. Impersonating the company’s employees or operators, or using another person’s name to post messages or send emails, impersonating others or falsely stating a relationship with others
4. Using another member’s ID and password fraudulently or using another person’s credit card, phone, bank account, etc., to purchase paid content
5. Collecting, storing, posting, or distributing other members’ personal information without authorization
6. Engaging in gambling or other speculative activities, exchanging, posting obscene or vulgar information, linking to obscene sites, or sending or distributing words, sounds, texts, images, or videos that cause humiliation, disgust, fear, or imply discrimination to others, thereby using the service in an unhealthy manner
7. Using the service for commercial, advertising, promotional, political, election, or other purposes beyond its original purpose without authorization
8. Reproducing, distributing, promoting, or commercially using information obtained through the service without authorization, or exploiting known or unknown bugs
9. Deceiving others for profit or causing damage to others in relation to the use of the company’s services
10. Infringing on the intellectual property rights or portrait rights of the company or others, damaging the reputation or causing harm to others
11. Transmitting, posting, distributing, or using viruses, computer codes, files, or programs designed to interfere with or destroy the normal operation of computer software, hardware, or telecommunications equipment, without authorization
12. Modifying the application without special rights granted by the company, adding or inserting other programs into the application, hacking or reverse-engineering the server, leaking or modifying source codes or application data, setting up separate servers, or partially changing and using the website to impersonate the company
13. Other acts that violate related laws or good customs and other social norms

② The member is responsible for managing their account and device and must not allow others to use them. The company is not responsible for any damages caused by poor management of the device or allowing others to use it.

③ Members must set and manage a payment password to prevent unauthorized payments in each open market. The company is not responsible for any damages caused by the member’s negligence.

④ The company may specify the detailed contents of the following acts, and the member must comply with them:

1. Account names
2. Chat contents and methods
3. Service usage methods
4. Policies for external mobile services or platform partnership services

 

10. Provision of Services

① The company shall provide services to members who have completed the usage agreement in accordance with Article 4 of these terms and conditions immediately. However, some services may start on a specified date if necessary.

② The company may provide additional services together with the services stipulated in these terms and conditions.

③ The company may differentiate the use of services by dividing members into grades and further subdividing the usage time, frequency, scope of services provided, etc.

 

11. Use of Services

① The service is provided according to the company’s business policy for a set time (in principle, it is provided 24 hours a day, 365 days a year unless otherwise specified). However, if the service provision time is limited by related laws, the company may limit or change the service provision time without prior notice and is not responsible for this.

② Notwithstanding Paragraph 1, the company may temporarily suspend all or part of the service in the following cases. In such cases, the company shall notify the reason and duration of the suspension in advance through the application’s initial screen, service notice, email, or mobile text message. However, if prior notification is not possible due to unavoidable circumstances, it may be notified afterward.

1. If necessary for maintenance, replacement, regular inspection, or content modification of information and communication facilities such as computers
2. If necessary to respond to electronic intrusion incidents such as hacking, communication accidents, abnormal usage behaviors of “members,” or unforeseen instability of the service
3. If service provision is prohibited by related laws at specific times or methods
4. If normal service provision is impossible due to force majeure such as natural disasters, emergencies, power outages, facility malfunctions, or service usage surges
5. If the company has a significant managerial need such as division, merger, business transfer, business closure, or decline in profitability of the service

③ The company provides services through a dedicated application or network for devices. Members can download and install applications or use services through the network for free or for a fee.

④ Paid content can be used only after paying the fee specified for the service. Additional charges may occur when downloading applications through the network or using services according to the mobile carrier's policies.

⑤ Services provided through downloaded and installed applications or networks are tailored to the characteristics of the device or mobile carrier. In the case of device changes, mobile number changes, or international roaming, some or all of the content may not be available, and the company is not responsible for this.

⑥ Background tasks may be carried out in services provided through downloaded and installed applications or networks. In this case, additional charges may occur according to the characteristics of the device or mobile carrier, and the company is not responsible for this.

 

12. Modification and Suspension of Services

① In the case of Article 11, Paragraph 2, Subparagraph 1, the company may suspend the service for a set time on a weekly or monthly basis. In this case, the company shall notify the suspension through official community notices or app notices.

② The company may modify services as necessary for operational or technical reasons, and notify such changes through official communities or app notices in advance. However, urgent updates such as bug fixes or non-significant changes may be notified afterward.

③ The company may modify, suspend, or change all or part of the free services according to its policy or operational necessity. The company is not responsible for losses such as loss of expected profits or other losses due to the modification, suspension, or change of free services unless otherwise stipulated by related laws.

④ If the company permanently discontinues a service for technical or managerial reasons, it shall notify the members of the discontinuation 30 days in advance through the website or within the service. If prior notice is not possible due to unavoidable circumstances, it may be notified afterward.

⑤ In case of service discontinuation according to Paragraph 4, the company shall refund unused or remaining paid content according to Article 16.

 

13. Collection of Information

① The company may collect and use information about the member’s device (settings, specifications, operating system, version, etc.) excluding personal information for smooth and stable operation and quality improvement of the service.

② The company may request additional information from members for the purpose of service improvement and member service introduction. Members may accept or refuse this request, and the company shall notify members that they can refuse the request when making it.

 

14. Provision of Advertisements

① The company may post advertisements within the service related to the operation of the service. It may also send advertising information to members who have agreed to receive it via SMS, email, push notifications, etc. Members can refuse to receive such advertising information at any time, and the company will not send advertising information once the refusal is made.

② The service may contain banners or links to advertisements or services provided by third parties.

③ In the case of links to third-party advertisements or services, the company does not guarantee the reliability or stability of the services provided in those areas and is not responsible for any damages incurred by members due to such third-party services unless the company has acted intentionally or with gross negligence to facilitate the occurrence of such damages or failed to take necessary measures to prevent them.

 

15. Intellectual Property Rights

① The intellectual property rights and other rights of the content created by the company within the service belong to the company. If the content is likely to infringe on the intellectual property rights of a third party, the company may change the appearance, design, or performance of the content without separate notice to the users.

② Members shall not use information obtained through the service that belongs to the company or a provider for commercial purposes without prior consent from the company or the provider.

③ Members permit the company to use, edit, change the format, and otherwise transform user content uploaded or transmitted through the application or service without time or regional restrictions. The company shall not use the content for transactional purposes without the prior consent of the user.

④ The company shall not use user content that is not displayed within the application or integrated with the service without the user’s explicit consent, and users can request deletion of such content at any time.

⑤ If the company deems that posted content violates the prohibited acts stipulated in Article 9, Paragraph 1, it may delete or move the content or refuse to register it without prior notice.

⑥ If a member's legal interests are infringed by posted information on the company’s official community or app notices, they may request the company to delete the information or post a rebuttal. The company shall promptly take necessary actions and notify the applicant.

⑦ This article remains effective while the company operates the service and continues to apply even after a member withdraws.

⑧ The copyrights of photos, notes, and other posts posted by members within the service belong to both members connected as a “couple.”

⑨ Members are personally responsible for any losses or issues arising from their posts, and the company is not responsible for these.

 

16. Purchase, Usage Period, and Use of Paid Content

① Paid content purchased within the service can only be used on the device where the application is downloaded or installed.

② The usage period of paid content purchased by a member is as specified at the time of purchase. However, if the service is discontinued according to Article 12, Paragraph 4, the usage period of paid content without a specified period is until the date of service discontinuation announced in the service discontinuation notice.

③ The company may reject or withhold acceptance of a member’s request for paid content use in the following cases. If acceptance is withheld or rejected, the company shall notify the member unless the member cannot be notified due to the company’s fault.

1. If the application is not made under the real name or uses another person's name
2. If false information is provided or the company’s requirements are not met
3. If a minor under the age of 19 requests to use paid content prohibited by the Youth Protection Act or related laws
4. If there is no spare capacity in service-related facilities, or there are technical or operational issues
5. If usage fees are not paid, or the payer cannot be identified
6. If a minor under the age of 19 applies without the consent of a legal representative
7. If payment methods are used fraudulently without the consent of the owner
8. If it is deemed impossible to approve due to the member’s fault

 

17. Service Use Restrictions for Members

① Members shall not engage in acts that violate their obligations under Article 9, and the company may take usage restriction measures such as restricting the use of the service, deleting related information (texts, photos, videos, etc.), or other measures if members engage in such acts. The specific reasons and procedures for usage restriction measures are stipulated in the operating policies.

1. Device Use Restriction: Restricting the use of the “service” on the device for a certain period or permanently
2. Account Use Restriction: Restricting the use of the account for a certain period or permanently
3. Member Use Restriction: Restricting the use of the “service” for a certain period or permanently

② If the usage restriction under Paragraph 1 is justified, the company shall not compensate for damages caused by the restriction.

③ The company may suspend the use of the account until the investigation is completed in the following cases:

1. If a legitimate report is received that the account has been hacked or stolen
2. If the member is suspected of being an illegal program user or engaging

in illegal activities 3. Other cases where temporary measures are needed to suspend service use

④ If a member obtains information such as assets and emoticons through unauthorized means, the company may take necessary measures such as restricting the use of the service, recovering assets and emoticons according to the operating policies.

 

18. Reasons and Procedures for Usage Restrictions

① The company shall determine the specific reasons and procedures for usage restriction measures according to the content, degree, frequency, and results of the prohibited acts stipulated in Article 9, Paragraph 1, and shall stipulate these in the operating policies.

② When the company takes usage restriction measures according to Article 17, it shall notify the member of the following matters via the service's initial screen:

1. Reason for usage restriction
2. Type and duration of usage restriction

 

19. Objection Procedure for Usage Restriction Measures

① Members who object to the company’s usage restriction measures may submit an objection letter stating the reasons within 14 days of receiving the notice of the measure via written, electronic mail, or equivalent methods.

② The company shall respond in writing, via electronic mail, or equivalent methods within 15 days of receiving the objection letter. If a response is difficult within this period, the company shall notify the member of the reason and the processing schedule.

③ If the objection is justified, the company shall take appropriate measures.

 

20. Payment

① The imposition and payment of fees for content purchases are governed by the policies or methods stipulated by the mobile carrier or open market operator. Additionally, the limit for each payment method may be assigned or adjusted according to the policies of the company, open market operator, or government regulations.

② If the purchase fee for content is paid in foreign currency, the actual billing amount may differ from the price displayed in the service’s store due to exchange rates and fees.

③ The company may request additional personal information necessary for the use of payment, and the member must provide accurate personal information. The company is not responsible for any damages caused by the member providing false or inaccurate personal information unless the company is at fault.

④ Minors under the age of 19 must obtain the consent of their legal representative when paying fees using credit cards or mobile payments.

⑤ If a minor under the age of 19 enters into a payment agreement without the consent of their legal representative, the minor or their legal representative may cancel the contract in accordance with related laws, except in cases where the minor deceives the company into believing they are an adult.

⑥ The company does not additionally charge or refund fees for changes in fees during the use of paid content.

 

21. Withdrawal of Subscription, etc.

① The paid content provided by the company is classified into those that can and cannot be withdrawn in accordance with the Act on Consumer Protection in Electronic Commerce and the Content Industry Promotion Act. Members can request a withdrawal of subscription within 7 days of purchase for unused paid content.

② Members cannot withdraw subscriptions against the company's will in the following cases:

1. If the content is lost or damaged due to the member's fault
2. If the content is used or partially consumed
3. If the paid content is immediately used or applied upon purchase
4. If additional benefits are provided and the additional benefits have been used
5. If the content is considered used by opening it or if opening it determines its utility
6. Other cases stipulated by law for transaction safety

③ For content that cannot be withdrawn according to Paragraph 2, the company shall clearly indicate this fact where it is easily visible to members and provide trial products or information about the content to prevent members from being hindered in exercising their right to withdraw. If the company does not take these measures, members can withdraw subscriptions regardless of the reasons stipulated in Paragraph 2.

④ Members can withdraw subscriptions within 3 months from the purchase date or 30 days from the date they became aware or should have become aware of the issue if the paid content is not as advertised or the contract is not fulfilled.

⑤ When members withdraw subscriptions, the company verifies the purchase history through the platform or open market operator. The company may contact members using the provided information and request additional evidence to confirm the legitimate reason for withdrawal.

⑥ If minors enter into purchase agreements for content without the consent of their legal representatives, the company shall notify that the agreement can be canceled, and the minor or their legal representative can cancel the contract. However, if the minor uses property allowed by the legal representative for disposition or deceives the company into believing they are an adult, the contract cannot be canceled.

⑦ Whether the content purchaser is a minor is determined based on records such as the device, the executor of the payment, and the name of the payment method. The company may require documents to prove the minor and legal representative as necessary.

⑧ Content provided for free by the company is not subject to withdrawal.

 

22. Effects of Withdrawal of Subscription, etc.

① If a member withdraws a subscription, the company shall promptly recover or delete the paid content and initiate the refund process within 3 business days after receiving the necessary documents.

② When refunding payment, the company shall immediately request the business operator providing the payment method to suspend or cancel the payment if the payment was made using a credit card or other payment method. If the company has already received the payment from the payment operator, the company shall refund it to the payment operator and notify the consumer.

③ If part of the emoticons or content has been used or consumed, the company may charge the member an amount equivalent to the benefit gained or the cost of supplying the content.

④ If necessary, the company may request documents required for the refund from the member. If the member refuses to provide them, the refund may be restricted.

 

23. Refund of Overpayments

① If overpayments occur, the company shall refund the overpayment to the member. However, if the overpayment occurs due to the member's fault, the member shall bear the actual costs incurred for the refund within a reasonable range.

② Payments through the application follow the payment method provided by the open market operator, and in the case of overpayments, the member must request a refund from the company or the open market operator.

③ Communication fees (call charges, data call charges, etc.) incurred by downloading applications or using network services are not subject to refund.

④ Refunds are processed according to the refund policy of the open market operator or the company's policy, depending on the operating system type of the device.

⑤ The company may contact the member through the provided information and request necessary information to process the refund of overpayments. The company shall refund within 3 business days after receiving the necessary information from the member.

⑥ If the company refuses the member's claim of overpayment, it must prove that the payment was legitimately charged.

 

24. Termination by Member

① Members can withdraw from the service at any time by following the withdrawal procedures in the customer center. Upon withdrawal, all usage information (purchase history, emoticons, virtual assets, etc.) will be deleted and cannot be recovered.

② If the member engages in acts prohibited by these terms and conditions or the operating policies and service policies, or if there is a significant reason to maintain the contract, the company may suspend service use or terminate the usage agreement after giving sufficient notice and setting a period for rectification.

③ If a member applies for withdrawal, the company may verify the member’s identity, and if confirmed, take appropriate measures.

④ To protect the member's personal information, the company may terminate the usage agreement and take measures such as deleting the personal information of dormant accounts that have not used the service for one year since the last service use. The company shall notify the member 30 days in advance about the termination and deletion of personal information.

 

25. Liability for Damages

① If the company or the member violates these terms and conditions and causes damage to the other party, the responsible party shall compensate for the damages unless there is no fault.

② If the company provides individual services through an alliance with an individual service provider, and the member agrees to the individual service terms, the individual service provider is responsible for any damages caused to the member by their intentional or negligent acts.

 

26. Company’s Disclaimer

① The company is not responsible for providing services in case of force majeure such as natural disasters.

② The company is not responsible for damages caused by maintenance, replacement, regular inspection, construction, or other similar reasons for service facilities. However, this does not apply to cases where the damage is due to the company's intentional or gross negligence.

③ The company is not responsible for service disruptions caused by the member’s intentional or negligent acts.

④ The company is not responsible for the reliability or accuracy of information or materials posted by members related to the service unless the company has acted intentionally or with gross negligence.

⑤ The company is not obligated to intervene in disputes between members or between members and third parties through the service and is not responsible for any damages resulting from such disputes.

⑥ The company is not responsible for damages incurred by members using free services. However, this does not apply to cases where the damage is due to the company's intentional or gross negligence.

⑦ The company is not responsible for not achieving the expected results from using paid services or losing them and is not responsible for damages resulting from the member’s selection or use of the service unless the company has acted intentionally or with gross negligence.

⑧ The company is not responsible for the loss of the member’s grades, emoticons, or virtual assets. However, this does not apply to cases where the damage is due to the company's intentional or gross negligence.

⑨ The company is not responsible for unauthorized third-party payments due to the member’s failure to manage account passwords, device passwords, or passwords provided by the open market operator. However, this does not apply to cases where the damage is due to the company's intentional or gross negligence.

by the open market operator. However, this does not apply to cases where the damage is due to the company's intentional or gross negligence.

⑩ The company is not responsible if the member cannot use all or part of the content due to device changes, mobile number changes, OS version changes, international roaming, or mobile carrier changes. However, this does not apply to cases where the damage is due to the company's intentional or gross negligence.

⑪ The company is not responsible if the member deletes content or account information provided by the company. However, this does not apply to cases where the damage is due to the company's intentional or gross negligence.

⑫ The company is not responsible for damages incurred by temporary members using the service. However, this does not apply to cases where the damage is due to the company's intentional or gross negligence.

 

27. Notice to Members

① The company may notify members via the email address designated by the member, service messages, LMS/SMS, or push notifications.

② The company may substitute individual notifications by posting on the official community or app notices for at least 7 days if notifying all members.

 

28. Governing Law and Jurisdiction

These terms and conditions are governed by and interpreted in accordance with the laws of the Republic of Korea. Disputes between the company and members shall be subject to the jurisdiction of the court as prescribed by law.

 

29. Member Grievances and Dispute Resolution

① The company shall guide members on how to present their opinions or complaints via the official community or within the service and shall operate a dedicated organization to handle such grievances.

② If a member’s opinion or complaint is objectively recognized as justified, the company shall process it within a reasonable period. If it takes a long time to process, the company shall notify the member of the reason and the processing schedule through the service or according to Article 27.

③ If a dispute arises between the company and the member and a third-party dispute resolution institution intervenes, the company shall sincerely prove the measures taken against the member and follow the institution’s recommendations.

 

30. Management of Posts

① If a member’s post violates related laws, the rights holder may request the company to suspend or delete the post according to the procedures stipulated by law, and the company shall take appropriate measures accordingly.

② Even without a rights holder’s request, if a post is deemed to infringe on rights or violate company policies or related laws, the company may take measures such as temporary actions according to related laws.

③ The company may check the contents of posts to verify compliance with related laws or these terms and conditions.

④ Some posts may be deleted after a certain period, and members are responsible for managing their posts. If the company faces claims for damages due to a member’s post infringing on others' rights, the member who posted the content shall actively cooperate to exempt the company from liability. If the company is not exempted, the member shall bear responsibility for the resulting issues.

⑤ The company provides a disconnection function to block access to posts if two members connected as a "couple" no longer wish to remain connected. Once disconnected, all posts shared by the disconnected account are permanently deleted.

 

Addendum

These terms and conditions are effective from September 30, 2024.

 

Last Edit : September 30, 2024