Article 1 (Purpose)
Pertaining to Flexcil for Education software and services that are developed by Flexcil Inc. (hereafter “company”), the purpose of this agreement is to set forth the terms and conditions related to our service users rights, meaning, responsibility, and all other associated matters.
Article 2 (Definition)
- ‘Software’ refers to all paid and free software provided by Flexcil Inc. that are installed and implemented on mobile devices.
- ‘Service’ refers to an online Internet service that Flexcil. Inc offers an accession regardless of the type of accessible mobile devices and installed software.
- ‘Member’ refers to users of service provided by Flexcil Inc., after signing a usage agreement with company in conformity with terms and conditions through registering account after accessing service of company.
- ‘Non-member’ refers to an individual or a group who uses the software and service provided by the company, without registering.
- ‘Account’ refers to a manageable account where general information, service information including registered member ID can be managed for the usage of service provided by the company.
- ‘Contents’ refer to digital contents such as ‘e-books’, documents, notes and others, and all significant information that can be organized through various editing processes such as writing, highlighting and others. It refers to all data or information expressed in marks, letters, voices, sound, image, videos in information network according to the regulations in Article 2-1-1 of Information Infrastructure Promotion Act and Information Protection Act of Korea.
Article 3 (Terms and Conditions/Effects and Modifications)
- Company will post on the website of the contents of this terms and conditions, business name and location (including the address to handle complaints from consumers), email address, business registration number and others to that the user may easily know.
- This terms and conditions will be in effect when posting on the software, service or website. User who signed up after agreeing to the terms and conditions is under the application of the terms and conditions from the moment of agree.
- Unless the company breaches Regulation of Standardized Contracts Act, Information Infrastructure Promotion Act and Information Protection Act, and other related acts, the company may revise the terms and conditions.
- In case the Company modifies the agreement, the Members should be notified 7 days prior to the modification of the agreement through email notification to the registered members or methods governed by Article 1 that notifies the content, date of application and cause of modification. However, modifications that significantly affects the rights and obligations of the users requires at least 30 days of prior notifications. The modification takes effect immediately after it is made public or the date the notified agreement is applied.
- Members have the rights to refuse the modified agreement. The users who disagrees with the modification may terminate the agreement and suspend the use of the software or service.
- In case the user continues to use the Company’s services without any display of denial after the application date notified application date of modification made public, it is considered that the user has agreed to such modification.
- Any items not specified in this agreement shall be regulated by related legislations or customs of trade.
Article 4 (Signing of the Agreement)
- This agreement is signed immediately after a member agrees to the content of the agreement and joins membership through account verification.
- In principle, the Company should confirm the use of service registration made by users. However, the Company may choose to deny registration or terminate the use of service contract for users with the following conditions:
- The applicant has a history of losing membership according to the agreement(however, there may be exceptions for those who has been reapproved by the Company.)
- The applicant has illegally used another person’s email address.
- The applicant has provided false information or has failed to provide information in accordance with the format given by the Company.
- The applicant, under 14 years of age, has failed to receive approval from his/her legal guardian
- The purpose of the registration or the registration itself disrupts public order or morality.
- The account information has concerns of personal information leakage or confusion with the Company or Company representatives.
- The use of service is for illegal purposes
- The approval is impossible due to reasons imputable to the user or due to violation of other regulations.
- The Company may defer the approval due to lack of service related facilities or technical/operational difficulties.
- In principle, the Company should notify the applicant in case the Company decides to disapprove of defer the applicant’s registration in accordance with Section 2 and 3 of this Article.
- The agreement takes effect immediately after the user completes the sign-up process through account verification.
- The Company may categories or set different levels of users based on their time, frequency, method, range, and service menu of usage.
Article 5 (Change in User Information)
- Members may check and modify their personal information at all times through the service website.
- Members should update their information online in case there are any changes since sign-up. The Company does not hold any responsibility for any damages due to the failure to abide by this term.
Article 6 (Notification to Members)
- The company may put out notice to members via email or message within the service unless stated otherwise in this agreement.
- In case the Company puts out notice to all members, posting the notification on the Company service website for over 7 days may substitute the notification in Section 1.
Article 7 (Privacy Obligation)
- The Company engages in personal information protection for the members in accordance with the related legislations. The personal information protection follows the related legislations and the Company’s personal information treatment policy. However, the Company’s personal information treatment policy does not apply to other sites linked with the Company’s official website.
Article 8 (Obligations to Manage Members’ ID and Password)
- Members are responsible for the management of their IDs and passwords. Members should provide their best effort to manage their account and disallow third party from using their account.
- In case an account ID of a member has concerns of personal information leakage, disruption of societal or moral values, or confusion with the Company or Company representatives, the Company may ban the use of the ID.
- The Company holds no responsibility to damages due to leakage or infringement of personal information imputable to the member.
- In case a member acknowledges the illegal use of his/her account by a third party, the member should immediately notify the Company and follow the Company’s instructions. The Company holds no responsible for any damages caused by a member’s failure to notify the Company or to follow the instructions by the Company.
Article 9 (Company’s Obligation)
- The Company provides its best effort to provide continuous and stable services, and immediately engage in repairing or restoration in case any difficulties in service operation occurs. However, in case responding to such difficulties is impossible or needs to be deferred due to natural disaster, emergency, or other inevitable circumstances, the Company may make notice to its members as stated in Article 6(Notification to Members)
- The Company prevents leakage of the members’ personal information from the service or Company’s system. The Company should be equipped with a security system to protect personal information(including credit information), and follow the notified personal information treatment policy.
Article 10 (Members’ Obligation)
- Members should not engage in the following:
- Impersonating the Company, service operator, or an affiliated service provider
- Illegally using other person’s information or registering false information
- Changing the Company’s software without Company’s consent, hacking the service server, or changing the website
- Infringing the intellectual property of the Company or a third party
- Damaging the reputation or interrupting business operations of the Company or a third party
- Displaying or uploading provocative messages, videos, sounds or other information against social or moral values on the service or website.
- Engaging in selling, transferring, establishing pledge right, providing collateral, lending in regards to the account or the right to access the account
- Using the service for profit without the Company’s consent
- Engaging in illegal or inappropriate action
Article 11 (Provision of Service)
- The Company provides its members the following service
- Content management system and service
- Content viewer and editing system and service
- Digital note management system and service
- Digital note editor and viewer system and service
- Digital Note Templets
- Text, email, message notification
- Any additional service developed or other services provided to members through partnering or signing of agreement with other companies or members
- In principle, the service shall be provided 24 hours a day, 365 days a year.
- In order for stable service provision, the company may engage in periodic maintenance when necessary, and the duration of such maintenance shall follow as notified on the service website.
- In case of maintenance, exchange or damage, connection failure or other operational issues in regards to the IT facilities, the Company may temporarily suspend the service provision. In such case, the Company shall notify its members in accordance with Article 6(Notification to Members). However, in case of an inevitable situation preventing prior notice by the Company, the Company may notify the users afterwards.
Article 12 (Change of Service)
- The Company may change all or partial service if there are operational or technical needs.
- The date of change, its content, and using method of the new service shall be notified to the members as stated in Article 6(Notification to Members). However, in case of inevitable issues including, but not limited to, fatal bugs, server equipment failure, urgent security issues, that prevents prior notification by the Company, the Company may notify the members afterwards.
- The Company may change, suspend, or modify all or partial services provided free services when necessary due to Company policy and operational needs. Unless regulated otherwise by related legislations, the Company shall provide no compensation to members.
- The Company may limit or suspend all or partial services in case of following:
- The breakout of inevitable situations such as war, natural disaster or national emergency
- Black out, malfunctioning of serer equipment or sudden increase of traffic that disrupts the use of service.
- Repair or maintenance of service software equipment
- Company’s inability to provide service
Article 13 (Provision of Information and Advertisement Posting)
- The Company may provide various information considered necessary for the members’ use of service through notification and email. However, members may refuse to receive emails at all times except those sent under the related legislation in regards to, but not limited to, transaction related information and reply on customer inquiries.
- The Company may post advertisements on the service screen, webpage, and email in regards to the service. Members may refuse to receive emails with advertisements.
Article 14 (Copyrights of the Content)
- Members have copyrights of contents they created or edited within the service. However, members shall not claim the rights of their created content outside the range of the service provided. Members hold full responsibility for damages generated by their infringement of a third party’s copyright or intellectual property.
- The copyrights and other intellectual property of works created by the Company belongs to the Company. Members may use the Company’s works included in the service provided by the Company during the period of using the service after signing the agreement. The membership right may not be transferred or sold to a third party.
- The contents generated or acquired while using the Company’s service are intangible tools without liquidity. The Company may modify all or partial templates, skins, and membership points provided for free when necessary for service operations.
- Members may not copy, sell, publish, transmit, distribute, broadcast, and use other methods for commercial/non-commercial purposes or allow a third party to use the Company’s intellectual property acquired while using the service.
Article 15 (Attribution of Rights)
- Intellectual property rights and copyrights in regards to the service belongs to the Company.
- In relation to the software, the company grants the member a license to install and use the software only for the part specified in this agreement.
- The Company may only issue usage license of accounts, ID, and contents to the members in regards to the service. Members may not engage in disposition including transferring, selling, or providing warranty.
- The company does not authorize members and third parties to reverse engineer, disassemble, decompile, or attempt to create source code from the bytecode of the software for the services provided by the company, or to do any of the aforementioned acts.
Article 16 (Termination of the Agreement)
- Members may terminate service agreement at any time through service menu section and the Company should process the termination request immediately in accordance with the related legislations
- In case a member terminates the agreement, the member’s data is completely deleted immediately after termination, unless the information is stored by the Company in accordance with the related legislations and the personal information treatment policy.
- When a member terminates the agreement, all contents created by the member are deleted.
Article 17 (Limitations of Use)
- The Company may suspend or limit the use of service of a member who infringes the agreement or interrupts normal operations of service. In case the infringement by the member causes damage to the Company, the Company may take legal actions.
- Despite the previous Section, in case a member violates related legislations including but not limited to, illegal use of other person’s identity or payment information against the Resident Registration Act, provision of illegal program and operation interruption against the Copyright Act and the Computer Program Protection Act, illegal communication, hacking, distribution of malicious programs, and action exceeding the access authority against the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc., the Company may permanently suspend users from using the service. The permanent suspension of this Section deletes all benefits acquired through the use of service without any indemnification by the Company.
- For members who has not logged in for more than 6 months, the Company may limit the use of account for information protection of members and operational efficiency.
- In case the use of service is limited or the agreement is terminated in accordance with this Article, the Company may notify the member in accordance with Article 6(Notification to Members)
- Members may file formal objection in accordance with the procedures set by the Company in regards to the usage limitations in accordance with this Article. When the Company finds the objection reasonable, the Company should immediately resume the use of service.
- Any inquiry and consultation in regards to the use of service may be processed via email firstname.lastname@example.org
Article 18 (Indemnification)
- Members should indemnify all damages of the Company generated by the Members’ violation of the terms of the agreement.
- In case the Company receives various forms of complaints including claim for damages from a third party due to a member’s illegal action or violation of this agreement in regards to the use of service, the respective member is responsible for providing immunity for the Company from the responsibilities at the member’s own cost. In case of failure to provide immunity to the Company, the member should indemnify all damages of the Company incurred from such failure.
- The company shall not be liable to users or third parties for loss of profits, data loss, business interruption or other special circumstances, indirect or incidental damages, etc., caused by all data on the service becoming unusable.
- The company’s liability for damages shall not exceed the amount you paid to the company for the right to use this service. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Article 19 (Cause for Immunity)
- The Company is immune from the service provision responsibilities in case of inevitable situations including natural disasters.
- The Company is not responsible for suspension of service, difficulties in usage, and termination of agreement caused by the member.
- The Company is immune from responsibilities when damages were generated due to discontinuation of electronic telecommunication service provided by the telecommunication service provider.
- The Company is exempted from liability for damages caused by the provider of the infrastructure service used by the company suspending the service or not providing it normally.
- The Company is exempted from liability in the event of service suspension or failure due to unavoidable reasons such as maintenance, replacement, periodic inspection, and construction of previously announced service facilities.
- The Company is immune from responsibilities in regards to issues generated by the computer or network environment unrelated to the Company.
- The Company is not responsible for interfering with the disputes between members or between a member and a third party, and for indemnifying damages caused by such disputes.
- The Company is not responsible for damages generated by computer error of a member or failure to provide accurate personal information or electronic mail address.
- The Computer is not responsible for issues in regards to services provided for free unless regulated otherwise by related legislations. However, there will be exception if the Company’s at fault for the damages.
Article 20 (Governing Law and Jurisdiction)
- In case of disputes between the Company and members, both parties should provide their best effort for amicable resolutions.
- In case of lawsuit despite provisions of Section 1, the Seoul Central District Court has jurisdiction.
- In case of a member with an address or residence abroad, litigation related to disputes between the company and the member shall be governed by the Seoul Central District Court, Korea.
- Proceedings between the Company and its members are subjected under Korean law.