Terms of Service
1. general provisions
Article 1 (Objectives)
The objectives of this terms of use are to regulate 1) the rights, liabilities and responsibilities of the Company and Member(s) respectively and 2) other related matters to 'SMART FINDER (“Find My Objects”) provided by Evermade (refer to as "the company") through mobile device in connection with the SMART FINDER service, all related networks and websites to such service, , and other services (refer to as "the service")
Article 2 (Definition of terms)
① The definitions of terms used in this terms of service are as follows.
1. “Company" refers to the business operator providing the service through mobile devices.
2. “Member" refers to the individual signing this contract entailing this term of use and utilizing the service for the non-commercial and profit earning purposes.
3. “Free Member(s)” refers to the Member(s) using only the part of the Service provided free of charge.
4. “Mobile device" refers to any device capable of downloading or installing Content, such as mobile phones, smartphones, PDA, and tablet PCs.
5. “Account information" collectively refers to information provided to the enterprise by a member such as membership ID, name, email as well as payment information.
6. “Contents" refer to the consolidation of free or paid content (network service, application) created by the enterprise through digital means in relation to service providing.
7. “Open Market" refers to the e-commerce environment established for installing and settling application contents in a mobile device. .
8. “Application" collectively refers to the programs utilized through downloading or installing in mobile devices in order to use the provided service by the enterprise.
9. “App Service" refers to an application or a collateral service activated by the member as part of the service provided by the enterprise.
② The definition of terms used in this Terms of Service adheres to the decisions of the relevant laws and policies per service with exclusion to decision made in article 1, and undecided terms follow the general customs.
Article 3 (Providing of company information)
The company marks the following items for enabling easier inspection in app services. However, members can enable privacy policy and terms of service to be seen through connected screen.
1. Name of company
2. E-mail address
3. Business registration number
4. Telemarketing business report number
5. Privacy policy
6. Terms of service
Article 4 (Effectiveness and changes of terms)
① The company posts the content of the terms in app services or connected screen for notifying members.
② In case of the company modifying the terms, it notifies to members posting the modification date, modification content, reason of modification 7 days prior to the actual application date in the app service or connected screen. However, in case of the changes giving disadvantages to members, or in case of significant changes, notification should be within 30 days prior to the actual application with the same manner and informed to members through the method of article 27, clause 1.
③ In case of the company changing the terms, it verifies the consent of members about the application of changes after the notification. In the case of the company notifying article 2, it also notifies the content that it would see the absence of declaration of intention of term changes from members as an agreement, and it could consider as an agreement to change when the declaration of intention is absent until the application date.
④ The company should take action for members to engage in questions regarding the content of terms.
⑤ The company could modify this term within the range of not violating the following laws, such as 「Act on the consumer protection in electronic commerce, etc」, 「Act on the regulation of terms and conditions」, 「Copyright laws」, 「Act on promotion of information and communications network utilization and information protection, etc」, 「Content industry promotion act, or other relevant laws.
Article 5 (Making and application of use agreement)
① Use agreement is made through the process of the individual who desires to become a member (refer to as "applicant") agrees to the Terms of Service and then logs in to the service.
② Logging in to the service means that you agree to the Terms of Service and Privacy Policy.
③ The company considers the consent of the application as a principle. However, the company could reject the consent the application in the following items
1. The case of filling out falsified content or not meeting the requirements of use agreement
2. The case of using services through abnormal or indirect methods in a country without provided service
3. The case of applying with the purpose of committing illegal action in relevant laws such as「copyright laws」
4. The case of applying with the purpose of intruding the security and order of the society
5. The case of using the app service as foul means
6. The case of using the app service for commercial purposes without permission from the company
7. Other cases that are considered for rejection in relation to the items
④ The company could postpone consent until the alleviation of reason in the case of following items
1. The case of company having no composure in equipment, experiencing difficulty in supporting a particular type of mobile device, and technical disability
2. The case of service disability or disability of service fee or method of payment
3. Other cases that are considered for postponing in relation to the items
Article 6 (Regulation outside of terms )
Items undecided in this term or the interpretations adhere to the following laws, such as 「Act on the consumer protection in electronic commerce, etc」, 「Act on the regulation of terms and conditions」, 「Copyright laws」, 「Act on promotion of information and communications network utilization and information protection, etc」, 「Content industry promotion act, or other relevant laws.
Article 7 (Management policy)
① The required items for applying terms and items entrusted by deciding the specific range in the terms can be decided through app service management policy (refer to as "management policy")
② The company posts the content of the management policy in the app service or connected screen for the members
③ In case of changing the management policy, it adheres to the procedures of article 2 clause 2. However, in the case of the content of the management policy being the following items, it should be notified in advance, following clause 2
1. The case of changing items entrusted by deciding the specific range
2. The case of changing items unrelated to the rights and responsibilities of members
3. The case of changing items that do not differentiate from current management policies and in the scope where members could anticipate
2. Privacy management
Article 8 (The usage and protection of personal information)
① The company strives to protect personal information of members through relevant laws, and the usage and protection of personal information follows relevant laws and the company's privacy policy. However, the policy is not applied to linked services that are excluded from the service provided by the company.
② Information that is unrelated with a member's personal information can be shown depending on the characteristics of the service.
③ Excluding the cases of request from national institutions following the relevant laws, the company do not expose a member's personal information without consent.
④ The company is not responsible for the damages of personal information leakage caused by the faults of members.
⑤ The company could collect IP, login information, OS information, Apple UUID or UDID, Android ID information from the members accessing, and could analyze by utilizing these items.
3. Responsibilities of parties
Article 9 (Responsibilities of the company)
① The company adheres to the exercising of rights and executing responsibilities decided in the terms with loyalty.
② The company is equipped with a security system for protecting private information (including credential information) to ensure members to use the service safely and should comply to privacy policy. The company, excluding the case of decisions made in the term or privacy policy, should not let a member's private information be exposed or provided to a third party.
③ The company strives to repair the occurrence of disability in equipment or damages of data without delays unless there is an significant excuse of natural causes, emergency situations, or limitations in current technology.
Article 10 (Responsibility of the members)
① Members should not take action equivalent to the following items related to the usage of service without consent of the company.
1. Filling out falsified information in access applications or changing member information
2. Using the app service through service not provided by the company or abnormal means
3. Posting information or sending mails by feigning as an employee or a manager of the company or illegally using another's name, feigning others or notifying false relationships with another
4. Illegally using credit card/wire or wireless phone/bank account of another, misusing the ID and password of another
5. Collecting, saving, posting, or spreading private information of another member without permission
6. Unwholesomely using service by committing or inducing gambling, posting or sharing obscene/vulgar information, linking to pornographic websites, spreading or sending words, sound, writings, pictures, photography, videos that induce threat or embarrassment to another person
7. Using service without permission that violates the original purpose such as for profit, marketing, advertisement, publicization, political activities, electioneering
8. Using service for copying, distributing or aggravating information without permission acquired by provided company service or for profit, misusing known or unknown bugs
9. Acquiring profit by deceiving others, damaging others with regards to using company service
10. Violating copyright or portrait rights of the company or another, violating the dignity of others
11. Using information (computer program) prohibited of sending or posting, deliberately sending, posting, spreading or using virus, computer code, file, program devised for the purpose of disrupting or destroying the functions of computer software, hardware, or electronic communicational devices
12. Changing applications without being provided special rights from the company, adding other programs in the application, restructuring or hacking the server, exposing or changing the source code or application data, establishing another server, feigning the company by changing or illegally using part of the web site
13. Committing other actions that violate relevant laws or against social conventions of good deed
14. Using the app service for the purpose of profit by an individual without permission from the company
15. Using the app service for the purpose of profit or non-profit not by an individual without permission from the company
16. Deliberately creating significant amount of online traffic
17. Using 1 account in 3 or more mobile devices
② The management responsibility of the membership account and mobile device belongs to the members, and members should not allow others to use them. The company is not responsible for damage caused by the allowance of others using or weak management of mobile device.
③ Members should set up and manage the billing password function in order to prevent unjust payment. The company is not responsible for damage caused by the faults of the members.
4. Use of Service and Restrictions of Use
Article 11 (Providing of service)
① The company, following the regulations in article 5, should immediately allow the members who have completed their use agreement to use the service. However, parts of the service could be accessible within a specific date depending on the company’s needs.
② The company could provide additional services including the decided service in the term when providing app services.
③ The company could distinguish the ranks of members and set grades on usage by subdividing the usage time, usage frequencies, and provided service.
Article 12 (Use of service)
① The app service is provided every day, 24 hours following the management rules of the company.
② Despite clause 1, the company could temporarily suspend some parts or the whole of service in case where it is equivalent to the following items. In this case, the company notifies beforehand the reason and the period of suspension in the application starting background or the app service bulletin board. However, it can notify after in case there is an excuse for the impossibility of earlier notification.
1. The case of system regular inspection, replacement or proliferation of servers, unstable network
2. The case of inability to provide services due to blackout, disability in service equipment, service usage congestion, equipment maintenance or inspection
3. The case of uncontrollable events such as war outbreak, natural disasters, or similar national emergency incidents
③ The company provides service through application exclusive for mobile devices or network. Members can download and install the application and or use paid or free service via network.
④ Paid contents could be used by paying the stated bill in the service. In case of downloading the application or using service via network, extra fees decided by the mobile telecommunication company would be charged.
⑤ In case of downloaded application or service via network, they are provided to fit the characteristics of mobile device or mobile telecommunication company. In cases of changes in mobile device or telephone number, or overseas roaming, some parts or the whole contents could not be used, and the company has no responsibility of this problem.
⑥ In case of downloaded application or service via network, background operations could be initiated. In this case extra fees that fit the characteristics of mobile device or mobile telecommunication company could be charged, and the company has no responsibility of this problem.
Article 13 (Service modification and suspension)
① The company could change the service to meet managerial or technical requirements for a smooth providing of service, and the following content is notified before changes are made in the app service. However, in case of unavoidable modifications such as solving errors or emergency updates or insignificant changes, it could be notified after, and in case of trivial changes it could be un-notified.
② The company could suspend the whole service when significant management problems, such as business discontinuance due to transfer, division, merger, termination of service providing agreement, drastic decrease of app service profit, occur. In this case, the date of suspension, reason of suspension, refund conditions are notified 30 days prior to actual suspension date in application starting screen or connected screen to the members, following article 27, clause 1.
③ In case of clause 2, the company refunds unused paid contents or those that have time remained, following article 24, clause 3.
Article 14 (Collection of information and others)
① In order to maintain smooth and stable management, and improve service quality, the company could collect information of mobile devices (settings, specifications, operating system, version) from members excluding personal information.
② The company could request additional information from members for the purpose of improving service or introducing membership service. Members could agree or disagree with this request, and the company should additionally notify that in case of request, members could also disagree.
Article 15 (Providing of advertisement)
① The company could post advertisements in the app service related to service management. Also, it could send advertising information through email, LMS/SMS, or push notification exclusively to members who have agreed to the reception. In this case members could always reject the receptions, and the company does not send advertisement information in the case of rejection.
② Members could be connected to advertisement or service provided by the other through banners or links provided by the service from the company.
③ Following clause 2, the company does not guarantee credibility or security when connected to advertisements or links sent from another party due to them not being the service area provided by the company, and thus are not responsible for the damages that members could receive. However, it does not apply to situations where the company deliberately or mistakenly facilitates the occurrence of damages, or does not take action for preventing damages.
Article 16 (Jurisdiction of copyright laws and others)
① Copyright laws regarding contents in the app service created by the company belongs to the company.
② Members should not use information related to copyright belonging to the company or the providing enterprise acquired by the app service by using methods of copying and sending without permission (editing, announcing, performing, distributing, broadcasting, producing secondary writings, and equivalent action), for the purpose of profit or letting others to use.
③ Members, in terms of app service or application, should permit company's deletion of all uploaded or sent images, sound and other information (refer to as "user contents") adhering to the following methods.
1. Data deletion via the selection of delete function
2. Data deletion via the request of members
④ Members, in terms of app service or application, should permit company's modifying of all uploaded or sent images, sound and other information (refer to as "user contents") adhering to the following methods.
1. Changes in uploaded photography from the original for changing the size abiding by company policy
⑤ The company, in terms of uploaded or registered posts by members, could delete, move or reject registration when are deemed prohibited following article 10, clause 1.
⑥ Members, whose interests are legally violated by posted information in the bulletin board managed by the company, could request post deleting or refutation content. In this case the company immediately takes required action and notifies the members.
⑦ This article is effective during the course of company managing the app service, and is applied continuously after membership withdrawal.
Article 17 (Purchase of paid content, period of use and usage)
① Paid content purchased in the app service could only be used in mobile devices where the application was downloaded or installed.
② The price of the paid content that is purchased could be increased without further notice depending on the inflation rate.
③ The following functions are additionally provided to paid members.
1. Remove Ads
2. It is possible to save the original photo without changing the photo resolution and size
3. Notification on the date the photo was registered as a reminder
④ The following conditions apply to iPhone and iPad using IOS.
1. Payment will be processed on the log-in account of the App Store.
2. Refund and recurring payment of the subscription is processed based on the App Store's payment policy.
3. Go to [Settings > Account (Apple ID) > Subscriptions > SmartFinder] to manage or cancel your subscription.
4. Unless cancelled 24 hours before the expiration date, subsctiption will be automatically renewed.
5. If you signed up for a free or discounted trial subscription and you don't want to renew it, cancel it at least 24 hours before the trial ends.
6. If you cancel during a free trial period, you might lose access to the subscription immediately.
Article 18 (Restrictions of service in terms of members)
① Members should not commit action that violates the responsibilities of members following article 10, and in case of the action the company could take measures to restrict use including restriction of member service use, or deletion of related information (writings, photos, videos). Detailed reason and procedure for the restriction is decided by the management policies of individual application, following article 19, clause 1.
1. Account restriction: temporary or permanent restriction of membership account
2. Member restriction: temporary or permanent restriction of web service use of members
② In case where restriction of use is justified following clause 1 the company does not refund the damage of members caused by the restriction.
③ The company could suspend the account's use of service until the completion of investigation regarding the following items.
1. In case of receiving a just report about an account being hacked or subjected to illegal use
2. In case of being doubted as a law offender such as being an illegal program user or workings
3. In case of a member being suspected of sharing an account with another person
4. In case of a member being suspected of using the app service for illegal purposes
5. Other reasons that require tentative measures
④ After the completion of the investigation following clause 3, in case of paid app service it is refunded through extending the period of use equivalent to the suspended time or corresponding paid service or cash. However, refunding does not occur to reasons in the following items in clause 3.
Article 19 (Reason and procedure of restriction measures)
① The company could decide the specific reason and procedure of restriction measure as a management policy following article 18, clause 1 by concerning the content, degree, frequency and result of prohibited action following article 10, clause 1.
② In case where the company gives restrictions decided in article 18, clause 1, the following items should be notified beforehand to the members. However, it could be notified later, in case there is a need for taking immediate action.
1. Reason for restriction
2. Form and period of restriction
3. Methods of appeal in terms of restriction
Article 20 (Procedure of appeal in terms of restriction)
① In case of members not subordinating to the restriction measure by the company, an appeal including the reason for insubordination should be submitted to the company within 14 days of receiving the notification, through a letter, e-mail, or other methods.
② The company responds to the reason for insubordination within 15 days of registering the appeal. However, in case where the company has difficulty doing so, it must notify the reason and the process schedule.
③ In case of just appeals, the company takes measures in regards to this.
5. Application withdrawal, refunds of mistaken payment and cancellation of agreement of use
Article 21 (Payment of price)
① The charging and payment of the content price, in principle, adheres to the policies or methods decided by the mobile telecommunication company or open market enterprise. Furthermore, limits on each billing method could be given or changed by the policies decided by the company or open enterprise, or governmental policies.
② In case of purchasing the price of contents through foreign currency, changes from the marked price could occur due to interest rate or commission.
③ The price of use could differ even in the same service depending on the possible billing options by the OS providing company.
Article 22 (Application withdrawal)
① Members who signed an agreement in regards to the purchase of paid content of the company could withdraw application within 7 days of the date of agreement or date of content use, without the burden of additional commission or cancellation charge.
② Members cannot withdraw application against the will of the company following clause 1, with cases equivalent to the following items. However, in case of purchase agreement comprised of incremental content, it does not apply to other parts that are not equivalent to the following items.
1. Paid contents used or applied immediately after purchase
2. Contents with used additional benefits when additional benefits were provided
3. In the case of considering an opening act as a usage or the existence of an opening act of contents where effectiveness is determined by it
③ The company should take action of notifying contents impossible of agreement withdrawal following clause 2 to members clearly, and should provide test products of the contents (allowance of temporary use, providing of demo version) or relevant information of the contents in order to prevent disruption of exercising withdrawal rights of the members. In case where the company does not take these measures, members could withdraw their agreements in spite of restrictions following clause 2.
④ Members could withdraw their agreements when the content of the contents differs from the advertisement or differs from the agreement within 3 months of the date of available use or within 30 days of the date of acknowledging the fact or could acknowledge the fact, despite clause 1 and 2.
⑤ In case of agreement withdrawal by the members, the company verifies the purchase statement through platform enterprise or open market enterprise. Furthermore, the company could contact members by collected information in order to verify legitimate reasons for withdrawal, and could request additional evidence.
⑥ In case of agreement withdrawal following clause 1 to clause 4, the company retrieves paid content without delays and refunds the payment within 3 days. In this case when the company postpones the refund it provides arrear interest by multiplying the interest rate determined by article 21, clause 3 in the 「Act on the consumer protection in electronic commerce, etc」, regarding the period of postponing.
⑦ In the case where an under aged individual signs a purchase agreement of contents in the mobile device, the company notifies that the individual or a legal representative could cancel the agreement without the consent of the legal representative, and in case the under aged individual signs the agreement without consent from the legal representative either the individual or the legal representative could cancel the agreement. However, in case of the individual purchases the content with disposing-allowed property with decided range of the legal representative, or in case of the individual pretending to be an individual of legal age or have the consent of the legal representative, it could not be canceled.
⑧ Whether the person signing the agreement is an under aged individual, is determined by evidences of mobile device where the payment was proceeded, information about the person, and the nominee of the billing method. Furthermore, the company could request evidential documents that could prove the validity of being under aged or a legal representative in order to verify the legitimacy of the cancellation.
Article 23 (Refunds of mistaken payment)
① In case of mistaken payment, the company refunds it to the members. However, in the case where the mistaken payment is caused by the faults of the members without intention or faults of the company, members should pay the actual cost for the refund.
② Payments in the application follows the billing method provided by the open market enterprise, and in case of mistaken payment during the process, request for refund to the company or the open market enterprise should be made.
③ Downloading of application or telecommunication fees caused by the use of network service (call fees, data call fees) could be excluded from the refunding process.
④ Refunding is progressed following each refunding policies of each open market enterprise depending on the operating system of the mobile device being used.
⑤ The company could contact the members by collected information in order to carry out refunding of mistaken payment, and could request required information. The company refunds within 3 days of receiving information related to the refund from the members.
Article 24 (Cancellation of agreement)
① Members could always cancel the agreement through deletion of the app when they do not wish to continue using the service. Due to the deletion of the app, all usage information held by the member in the app service will be deleted, making it impossible to recover.
② In case of significant reason for discontinuing the agreement with members committing prohibited action stated in the agreement, management policy or service policy, the company could suspend the use of service or cancel the agreement by notifying a significant amount of time earlier and deciding the period.
③ Refunding and compensation for damages are processed by following clause 1 and 2 of the 「Content user production guidelines」.
④ The company, in order to protect private information of members who have not accessed into the service for 1 consecutive year since the current date of service use (refer to as "dormant account"), could take action to cancel the agreement and discard private information of members. In this case, the fact of cancellation of account and discarding of private information along with the information that would be discarded, are notified to the members.
6. Compensation of damage and Indemnity clause
Article 25 (Compensation of damage)
① The company of the members have responsibility to compensate damage caused by violating this term. However, there is no responsibility without deliberation or fault.
② In case of the company establishing an alliance agreement with the individual service provider and providing the service to members, the individual service provider is responsible for damage caused by deliberation or fault after members agree to the individual service terms of agreement.
③ Although the company has responsibility to strive for restoration, In case where the user contents are omitted or deleted for reasons undecided in the terms, or in case of errors in the app service function, it is not responsible for financial damage compensation that is not deliberately caused by the company despite impossibility of restoration.
④ The function of the app service may not operate normally, and in this case, we are not responsible for monetary damages unless it is due to the company's intention.
⑤ The company is not responsible for any problems that occur during the use of the data backup and restore functions, especially among the functions of the app service.
Article 26 (Indemnity of company)
① The company is not responsible for providing service in case of irresistible force such as natural disasters or equivalent.
② The company is not responsible for damage caused by equipment renovation, replacement, regular inspection, construction or equivalent However, it does not in case of the company's intention.
③ The company is not responsible for disability in using service due to deliberation or fault by the members. However, it does not in case of inevitable or legitimate reason.
④ The company is not responsible for credibility or accuracy of posted information by the members unless there is deliberation or fault by the company itself.
⑤ The company is not responsible for intervention in transactions or disputes between members or others with service as a medium, nor is responsible for the damages.
⑥ The company is not responsible for damages caused by provided free service use to members. However, it does not in case of deliberation or fault by the company itself.
⑦ The company is not responsible for not acquiring or the loss of anticipated interest by using the service.
⑧ The company is not responsible for damages caused by deletion of content due to expiration of period of use.
⑨ The company is not responsible for the occurrence of third party settlement caused by weak management of mobile device password, or password provided by the open market enterprise. However, it does not in case of deliberation or fault by the company itself.
⑩ The company is not responsible for the impossibility of using parts or the whole of contents function due to changes in mobile device, changes in mobile telephone number, changes of OS version, changes in overseas roaming or telecommunication company. However, it does not in case of the company's intention.
⑪ The company is not responsible in terms of members deleting the company provided contents or account information. However, it does not in case of the company's intention.
⑫ The company is not responsible for damage caused by service use of temporary membership. However, it does not in case of the company's intention.
⑬ The company is not responsible for the amount of data use by the members through app service.
⑭ The company, in any case, do not pay the amount that exceeds the amount of service use price paid by the members. Data price, uploading of photos or videos that exceed the amount that members have paid for service is not refunded in any way.
Article 27 (Notification to members)
① In case when the company notifies to the members, it could be done through email address of the members.
② In case when the company notifies to all members, it could upload the information in the app service or pop-up screen for 7 days or more, substituting notification in clause 1.
Article 28 (Jurisdiction and applicable law)
This term is regulated and interpreted by Korean law. In case of lawsuits caused by conflict between the company and the members, Seoul Central District Court acts as the competent court.
Article 29 (Managing customer complains and conflicts)
① The company, considering the convenience of members, guides the way to express opinions or complaints through app service or connected screen. The company manages specialized units in order to process member opinions and complains.
② The company immediately takes measures in case where opinions or complaints from the members are considered legitimate within reasonable periods. However, in the case when duration of the process gets longer, the company notifies the reason for long processing period and schedule in the app service following article 27, clause 1.
③ In case of a third party mediating conflict between the company and the members, the company could sincerely prove about the items processed to members such as restrictions of use, and could follow the mediation procedure of the mediation institution.
This document is an English translation of the original version for reference purposes only. The original version is written in the Korean language. You can check the Korean version by changing the language setting of the mobile phone to Korean. In the case of any discrepancy between the original Korean version and this English translation, the original Korean version shall prevail.
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