Article 1. Purpose
Article 2. Definitions
Service - refers to the real-time website UX analysis service, Beusable.
Website - refers to the website (www.beusable.net) that customers may use for Service.
Customer - refers to an individual, a corporation, or a group equivalent to corporation who signed a Service use contract with Company according to Terms.
User - refers to an agent who installs Company's program to use Service.
Fee - refers to amount of money claimed by Company in return for using Service.
Open Beta Test - refers to service provided as an example at the stage before official launch of Service.
Words in Terms not defined in Article 2 shall be defined by related laws and other business practices.
Article 3. Validity and Revision of Terms
- Company uploads Terms on Website to be available to Customer.
- Items unspecified in Terms comply with related laws including ACT ON THE REGULATION OF TERMS AND CONDITIONS, FRAMEWORK ACT ON ELECTRONIC DOCUMENTS AND TRANSACTIONS, DIGITAL SIGNATURE ACT, ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC., and FRAMEWORK ACT ON CONSUMERS regulations including the detailed use policy set by Company, and general business practices.
- The Terms may be revisable frequently. If Company attempts to revise Terms, Company notifies to Customer of the fact that Terms will be revised and and revised contents seven (7) days before the enforcement date (collectively, "Enforcement Date"). If Terms are revised unfavorable to Customer, Company shall notify thirty (30) days to Customer before the Enforcement Date via more than one method including uploading in Website, sending email, sending text messages, or sending written notification.
- Revised Terms fundamentally take effect since the Enforcement Date.
- If Customer has objection to revising Terms, Customer may withdraw membership. If Customer does not withdraw within thirty (30) days of notification by Company even though Customer has objection, Customer shall be considered agreeing with the revision.
- If necessary, Company may establish an operation policy related to Service use and upload on Website.
Article 4. Account Registration and Agreement of Contract
User's personal information shall be stored and used only for the Service use until membership withdrawal (cancellation of the Service use contract). However, exceptionally the information may be stored for a prescribed period and not be used for other purposes.
- If User wants to use Service, User shall agree on Terms and "Collection of Personal Information and Consent Form for Service Use" and apply for account registration.
Company fundamentally approves account registration on the applications of Paragraph 1. However, in the following cases, Company may not approve nor cancel the subscription contract.
- If Customer once lost membership according to Terms (except if Customer obtained approval for re-subscription from Company.),
- If Customer did not use their real names or used others' names
- If Customer filled out false information, omitted information, or misentered information
- If children aged under 14 signed up without consent from their legal representatives (including their parents)
- If it is inappropriate or troublesome for other companies to provide Service to Customer.
- The subscription contract begins when Company marks the completion of the subscription.
Article 5. Responsibility for Account Management
- For Service accounts of Customer, responsibility for management belongs to Customer. Customer shall not permit other third parties to use their accounts.
- If Customer recognize that their accounts are stolen or used by other third parties, Customer shall immediately notify to Company and follow Company's guide.
- For Paragraph 2, if Customer has disadvantages due to not notifying to Company nor following the guide, Company shall not be responsible for any disadvantages.
- Company may limit concurrent connection or use of 접속 PC 지정 동의 service (한국어 의미를 모르겠음) to protect accounts from illegal use and Customer shall actively cooperate with the abovemenioned measures.
Article 6. Change of Customer Information
- Customer may access and revise their information anytime on Website.
- Customer shall modify their information on Website if changes are made in applying for Service. All issues occurred due to no revision will be liable to Customer themselves.
Article 7. Notification on Customer
- Company may notify to Customer with email address, phone number, by phone call and others registered by Customer unless there is additional regulation in Terms.
- Company may upload notifications on Website more than a week if it is difficult for Company to notify to each Customer or Company shall notify to unspecified Customer due to causes including unregistered or changed contact information of Customer.
Article 8. Provision of Service
- Provision of Service for Fee shall be limited to providing scripts for analysis, keeping analyzed contents created by the scripts, and providing reports based on the contents.
- Customer attempting to use Service via signup shall install scripts provided by Company and works of installation and others shall not be included in the provision of Service.
Company shall provide Customer with Service according to Terms and may provide different Service by each level of membership.
Customer may use additional Service (collectively, "Paid Service") according to one's choice.
Article 9. Change and Halt of Service
- Company may change operational, technical, and other items in Service if there are reasonable causes in operational and technical need.
- Company may temporarily halt Service if there is any reasonable cause including repair and maintenance, replacement, and failure of information and communication equipment such as computers, interruption of communication, or other operational and technical reasons.
- Company may conduct regular inspection if necessary in providing Service.
- If Company changes or halts Service based on Article 7, Company shall notify to Customer on such fact (change or interruption date of Service, regular inspection hour, and other information) and the causes. However, if Company has inevitable cause to not be able to notify in advance, Company may notify afterwards.
- If an event that Customer's use of Service may affect entire Service occurs, Company may temporarily limit Service to related Customer.
- Company may revise, halt, or change some or entire Service provided for free if necessary in terms of policy and operation of Comapny unless there is a special regulation in related laws for free Service and shall not have legal responsibility for Customer using free Service.
Article 10. Cancellation of Use Contract
- If User didn't use Service due to causes attributable to User, Fee paid for the Service use period shall not be refunded.
- Fee for the remaining Service period shall be refunded if Service is halted for causes attributable to Company.
- Customer may request cancellation of Service if User cannot agree with newly revised Terms due to change in Terms and others.
Company may cancel Service unilaterally without consent from or prior notification to User for the following cases.
- If Service is halted and issues are not resolved within the interruption period as stipulated in Paragraph 2 Article 4 of Terms
- If Customer violates duty prescribed in Paragraph 2 Article 14 of Terms
- In an event that even though Customer received push from Company due to overdue Fee and did not pay off the overdue untill two (2) weeks have passed after the day of receiving the pressure
- If Customer delays or refuses fulfilling the duty of paying Fee fore more than two (2) times a year either sequentially or non-sequentially
- If Customer's credit rating dropped seriously including receiving default notice or suspension of transaction, payment, or use from financial institutions including credit card companies.
- If normal business activity became impossible for Company as Customer applied for walkout, program to avoid bankruptcy, reshuffle, and start of bankruptcy procedure.
- If Company has concern for abnormal business activity due to application of foreclosure, provisional foreclosure, auction, default procedure, etc. or not being able to receive entire Fee from Customer.
- If Company is expected to be damaged by User's site which violated the domestic law
- If User's conduct is considered intentional to cause service failure to Company
- If User violated Terms,
- In other cases where Company thinks it is necessary
- Customer may request cancellation of Service via methods provided by Company whenever Customer wants. However, if Customer has overdue payment, Customer shall not be able to cancel.
Article 11. Service Fee and Payment
- Company shall receive Fee from Customer in return for providing Paid Service.
- Details on Fee shall be stated in Website (http://www.beusable.net).
- Customer shall have responsibility to keep Customer's phone number, email, and others updated to receive exact bill.
- For overdue payment, Company may request Customer to pay the overdue by adding to the next bill.
- If Company signs an additional contract with Customer for Paid Service use, the additional contract shall precede Terms.
Article 12. Price Setting and Calculating Method
- Fee is started being calculated on the time point of providing Paid Service to User.
- For daily Fee, one (1) day is set as a period from 00:00 to 24:00. If the period of providing Service is less than a day, the period is considered as one (1) day.
- If User early terminates Service, User may use Service until the period where an applicable monthly plan ends. As long as related laws are allowed, the payment shall not be refunded. For a period of not using Paid Service in one (1) month, payment for the period shall not be refunded.
- Even if there are remaining PVs assigned for Paid Service, the balance shall not be carried over to the following month.
- Fee for Paid Service is calculated as of one (1) month.
- If User moves up to a higher price plan, User may get discount (KRW 1 per PV) for unused PVs assigned for the previous plan.
- VAT is excluded in all Fee for Paid Service.
Article 13. Billing
- Company shall charge Fee for Paid Service on the date that User determined.
- Company shall support credit cards, issued in Korea, as a payment method.
- For Paid Service, User shall be billed automatically via a payment method chosen by User.
- User may select a regular billing date between 1st and 28th. The date may be changed depending on User's circumstances. The changed date shall be applied to the following billing date.
- Company shall stop providing Paid Service if User did not pay Fee on the regular billing date.
- If Company finds Fee for Paid Service isn't paid during the service period, Company may stop providing Paid Service without prior notification and Company shall not be responsible for any damage incurred on User.
- Customer shall have responsibility to keep updated at the latest version of billing information including phone number and email to receive correct invoice.
Article 14. Objection for Fee
- If Customer has objection for Fee billed by Company, Customer may raise objection within two (2) weeks from the billing date. In such event, Company may recalculate and charge Fee under the agreement with Customer.
- If Fee is overcharged due to causes attributable to Company, Customer may raise objection against the related charge within a period permitted by related laws.
Article 15. Mischarged Fee
- Company shall repay mischarged fee to User if such mischarge occurs. However, if User agrees or User does not respond to the notification of repayment for mischarge, Company may charge by deducting the mischarge from the following month's Fee.
- If Company finds mischarged fee from the related User who has unpaid Fee, Company may repay the amount of mischarged fee after deducting unpaid amount and others first.
Article 16. Duty of Company
- Company shall observe related laws and Terms and will exert best efforts to provide Service stably.
- Company shall neither expose nor distribute Customer's personal information to other third parties. However, it is an exception if Company receives request from related agencies for investigation or from the Information Communication Ethics Committee.
- If Service related opinions or complaints raised from Customer are considered reasonable, Company shall resolve them immediately. If it is impossible for Company to take prompt measure, Company shall notify to Customer via email and others on causes and expected schedule.
- Company shall comply with laws related to Service operation and maintenance including ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC., PROTECTION OF COMMUNICATIONS SECRETS ACT, and TELECOMMUNICATIONS BUSINESS ACT.
Article 17. Duty of Customer
- Customer shall observe related laws, regulations in Terms, precautions notifed on Service and guide, and notifications from Company and shall not interfere businesses of Company.
Customer shall not conduct the folloiwng behaviors in relation to Service use. If Customer conducts any of the following behaviors, Company may prevent related Customer from using Service or cancel the use contract.
- Conduct of stealing or illegally using other's accounts
- Conduct of violating intellectual property of Company or other third parties
- Conduct of copying, changing, or damaging information uploaded in Service
- Conduct of accessing to Service and related tools (communications tools, lines, servers, other equipment and softwares, etc.) by using other methods besides the method set by Company
- Conduct of yielding, lending, transferring, or disclosing analysis information or data obtained from Service to other third parties without a clear written consent from Company.
- Conduct of using tools or software which does or may interfere normal operation of Service, software, and server of Company.
- Conduct of illegal act, violating related laws and Terms
- Company may stop or limit Service on all accounts used by related Customer if more than one accounts in use violate Paragraph 2.
- Customer shall faithfully respond to provide related data, allow access to data, or request for explanation on related facts by Company to check whether Customer violates Terms or not.
- Customer shall provide the information same as the current fact to use Service.
Article 18. Protection of Personal Information
Article 19. Intellectual Property Rights
Intellectual property rights on all products including contents (including related software, analyzed information, and related data) created in relation to provision and use of Service shall belong to Company.
(Intellectual Property Rights shall be referred to as "Information Rights" hereinafter and Information Rights mean copyright, personal right, trademark, trade dress, patent, business confidentiality, unfair competition, personal information protection right, and other property rights.)
- Information Rights on all products including data information generated in the process of using Service under Terms shall belong to Company. Beusable may reprocess the collected data to use for use cases or contents. Specific contents including source of data shall not be disclosed.
- Customer may use information and data of Paragraph 1 and products of Paragraph 2 under the allowable range stipulated in Terms and shall not violate Information Rights of Company in relation to Service use.
Article 20. Indemnification
Article 21. Immunity
- Company shall be excused from responsibility to provide Service in the event that Company cannot provide Service due to force majeure or other equivalent circumstances including natural disaster and war.
- Company shall be excused from responsibility for damage as major telco operators halt or did not provide teleco services normally.
- Company shall not be responsible for Service failure due to causes attributable to Customer.
- Company shall not be liable for a case whether Customer did not obtain or lost expected benefits and effects by using Service.
- Making business decision or conducting business activity based on analysis information or data received from Service shall be solely liable to Customer and Company has no responsibility for the abovementioned case.
- Company shall not guarantee or promise to Customer on items not clearly defined in Terms.
- Company shall provide Service as it is and not be responsible for analyzed information and data, reliability and accuracy of data, availability, etc.
- Company shall not be responsible for damage incurred to Customer or other third parties due to causes attributable to Customer. If disputes occur between Company and a third party due to abovementioned case, Customer shall resolve the dispute with its own cost and responsibility and Company shall be exempt from any obligation or responsibility (including paying for attorney's fees).
- Company shall not have legal responsibility for Customer unless there is a special regulation in related laws concerning free Service.
Article 22. Jurisdiction
- If disputes occur between Company and Customer concerning Service use, Company and Customer shall faithfully consult with each other to resolve the disputes.
- If disputes are not resolved even after going through consultation as in Paragraph 1 of Article 22, the jurisdiction in which Company's headquarters is located shall be designated as the exclusive jurisdiction.