Article 1 Purpose
The purpose of these terms is to stipulate the rights, duties, and responsibilities of UserHabit ("UserHabit") and its members and other necessary terms for UserHabit to provide its members with the Userhabit service ("Service").
Article 2 Definitions
1. "Website" means the website through which UserHabit's service is provided for its members (http://userhabit.io).
2. “Service” means the Userhabit service, a mobile app user behavior analysis solution that UserHabit provides for its members and includes all services UserHabit provides, namely, the API, SDK, documentation and analysis services.
3. "Service fee" means an amount of payment that UserHabit collects from its members for the fee services it provides.
4. "User" means an entity that installs UserHabit's mobile application that includes SDK and other programs so it can use the Service as a member.
5. "Member" means an entity that concludes an agreement with UserHabit to use the Service in accordance with these terms.
6. "Open beta test" means a pilot service that UserHabit provides for its members prior to launching its official service.
7. The definitions of the terms used herein are, except for the definitions already included herein, based on relevant law codes and general commercial practices.
Article 3 Provision of Company Information, etc.
1. UserHabit shall prominently post all of the following items of information on the home page of the Website for its members. However, information in (6) and (7) could be made accessible only by the member concerned on a linked page.
(1) Company name and name of CEO
(2) Business address
(3) Telephone number(s) and e-mail address(es)
(4) Business registration number and telemarketing business permit number
(5) Name of the hosting service provider (a provider of a cyber-mall setup and server management services to facilitate UserHabit's e-commerce transactions)
(6) Privacy statement
2. UserHabit shall link the business information disclosure page where the Fair Trade Commission (FTC) discloses information with the Website's home page to facilitate its members' access to the information specified in Paragraph 1.
Article 4 Enforcement, Explanation and Revision of the Terms
1. UserHabit shall prominently post these terms on the Website for its members.
2. The Company shall display the terms regarding termination of the agreement, the Company's indemnity, compensation or remedy for its members, along with other important terms, in bold type, or provide a link or popup with explanations to enable members to easily understand important terms.
3. UserHabit may revise these terms unless doing so constitutes a violation of the Act on the Consumer Protection in Electronic Commerce, etc., 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., Framework Act on Consumers or other relevant laws.
4. If UserHabit should revise these terms, the effective date and reason for the revision shall be communicated to its members, along with the current terms, 7 days prior to the effective date of revision (30 days for a revision which is significant in content or less favorable to the members) by posting such on the Website up to the revision date, via e-mail, mobile phone message or by letter.
5. Upon informing or notifying its members of the revised terms, UserHabit may inform them that failure to object to the revision by the effective revision date will be regarded as consent. When such notice is made, any member who fails to object to the revision by the effective revision date or resign from membership is considered to have consented to the revision, which includes withdrawal of agreement.
6. UserHabit shall not apply revised terms to any member not consenting to the revision. In this case, UserHabit may terminate the agreement.
7. In accordance herewith, the revised terms shall, in principle, be effective from the effective date onward.
8. UserHabit may have in place a separate Service Administration Policy regarding provision of service and any matter not specified herein shall be taken care of based on the Service Administration Policy, relevant laws or general business practices.
Article 5 membership and Service Agreement
1. When a person fills out the membership application form provided by UserHabit to use the Service, he/she becomes a member, and is considered to have consented to these terms and made the Service Agreement with UserHabit, and comes under these terms.
2. UserHabit may terminate a Service Agreement signed and concluded as per Paragraph 1 in any of the following cases:
(1) The member has been disqualified as per these terms. However, if UserHabit approves a re-application, this condition does not apply.
(2) The member uses another person's name when applying for membership.
(3) The member submits falsified, incomplete or incorrect information when applying for membership.
(4) There are grounds for UserHabit's canceling the Service Agreement due to the member's fault, e.g. a violation of a regulation, etc.
(5) The member is less than 14 years of age and joins without the consent of his/her parent or legal guardian.
(6) UserHabit finds it inappropriate and impossible to provide the member with the Service.
Article 6 Modification of member Information
1. A member may at any time access and modify his/her personal information on the Website. However, the required items of information for UserHabit to administer the Service may not be modified.
2. A member shall, when his/her information changes, modify it on the Website or otherwise inform UserHabit of such change.
3. UserHabit shall not be responsible for any disadvantage the member may experience due to failure to notify UserHabit of any change of personal information, e.g. inability to receive notices from UserHabit.
Article 7 member's Duty to Manage Account
1. The member is responsible for managing his/her Service Account and shall never allow any third party to use it.
2. The member shall, upon learning his/her account has been abused or used by a third party, immediately inform UserHabit and comply with UserHabit's instructions.
3. When an incident mentioned in Paragraph 2 takes place and the member fails to notify UserHabit or does notify UserHabit yet fails to comply with UserHabit's instructions, UserHabit shall not be responsible for any disadvantage that results.
Article 8 Notification to members
1. UserHabit may give notifications to its members by e-mailing to the address provided by the member or in some other form.
2. When it is not possible to give notification to individual members who fail to provide contact information or notify of any modification thereof, or if UserHabit wishes to provide notification to unspecified members, it may post the notification on the Website or in some other form.
Article 9 Intellectual Property Rights
1. UserHabit reserves all intellectual property rights and other relevant rights for its products, including any and all content created in connection with the Service provided and used hereunder (relevant software, analysis information and related data, etc.). A member may use the above products in the methods and within the scope explicitly permitted hereby.
2. UserHabit hereby provides the member with a non-exclusive and limited right to install, copy or use UserHabit's relevant software only when and within the scope required to use the Service.
Article 10 Provision of Service
1. UserHabit provides the Service for the member as per these terms and may provide differentiated service to each class of members.
2. A member has an option to use any additional service that UserHabit provides ("Paid Service"). Details on the fee services may be found on the Website.
3. In principle, the Service is available 24 hours per day, 7 days a week, unless there is a particular business or technical issue preventing its use. However, UserHabit may restrict its use during a specified period if required for scheduled maintenance, etc.
Article 11 Modification and Discontinuation of Service
1. UserHabit may modify the contents, administration and technological settings of the Service if there is a significant business or technical issue.
2. UserHabit may temporarily discontinue the Service if there is a justified business or technical issue, e.g. repair or maintenance of IT equipment including computers, replacement or failure of the system, interruption of communication, etc.
3. UserHabit may perform maintenance if required for the Service.
4. If the Service is modified or discontinued, UserHabit shall notify its members of this fact (along with the effective date and regular maintenance time, etc.) and the cause using one of the methods specified in Article 8. When there is an unavoidable circumstance that prevents advance notification, UserHabit may notify after the fact.
5. UserHabit does not provide any compensation or payment to its members for any modification or discontinuation of the Service unless there is a particular provision in any relevant law.
Article 12 Service Charges
1. UserHabit shall be paid a charge by the member for any Fee Service.
2. On the last day of each month, UserHabit shall calculate the month's service charges for its members and invoice them on the 1st day of the following month.
3. The member shall pay UserHabit the service charge within 30 days of receipt of the invoice.
4. If a member delays payment of the service charge defined herein, UserHabit may temporarily withhold or permanently discontinue the Service or restrict its scope.
5. If the Service is discontinued or restricted for a particular member as per Article 4, UserHabit may take appropriate action, (e.g. deleting the member's data that UserHabit holds) 1 week after notifying the member of discontinuation of the Service. The member may not demand that UserHabit make any compensation or payment for any related damage or loss.
6. If a member delays payment of the service charge, the member shall pay an overdue interest (for damages for delay) of 6% per annum in addition to the charge from the day after the due date to the day of actual payment to UserHabit. Any fee or expense incurred in the collection the payment of the service charge or any overdue interest shall be charged to the member's account.
Article 13 Objection to Service Charge
1. A member may object to the service charge invoiced by UserHabit within 2 weeks of the date of receiving the invoice specified in Article 12, Paragraph 1 herein.
2. Notwithstanding the foregoing, the member may object within any period permitted by the relevant laws if the Service is overcharged due to a cause attributable to UserHabit.
3. Within 5 business days from the date on which UserHabit receives an appropriate objection from a member, UserHabit shall investigate the cause for the objection and notify the member of the result.
Article 14 Utilization and Disclosure of Data
1. UserHabit may conduct a survey of users or perform data analysis by asking its members questions, with the objective of maintaining and improving its service.
2. UserHabit may aggregate data from the user information provided by the member and create non-identifiable data ("Demographic Data") processed to be anonymous in order to use it to develop new services or provide its partners with this Demographic Data.
3. UserHabit shall collect, use or disclose any information provided by the member and unrelated to the above Demographic Data only with the member's consent. However, UserHabit may disclose or provide information, materials and other data provided by the member without the member's consent to fulfill its legal obligations if ordered or requested by the court or a government agency, within the scope of the order or request.
Article 15 Obligations of UserHabit
1. UserHabit shall observe all relevant laws and these terms, and is committed to providing the Service continuously and reliably.
2. UserHabit shall provide a security system and do its utmost to protect privacy (credit data included) and publicize and observe its Privacy Statement to ensure its members can use the Service with peace of mind.
3. UserHabit shall respond to and address any justified opinion or complaint of a member concerning his/her use of the Service and communicate the progress and outcome of such a process to the member via the Website or e-mail.
4. UserHabit shall not disclose or distribute any member's profile information obtained in connection with the Service to a third party without the member's consent. However, this provision does not apply if UserHabit is required by the authorities to disclose such information for a crime investigation.
Article 16 Obligations of the Member
1. A member shall observe these terms, Administration Policy, User's Guide and notifications by UserHabit and never do anything that can interfere with UserHabit's business.
2. A member shall avoid any of the following actions, which may cause UserHabit to withhold the Service or terminate the Service Agreement:
(1) Allowing a third party (another member, etc.) to abuse his/her account
(2) Abusing another person's service account to use the Service fraudulently
(3) Using the Service to commit a crime or engage in crime-related activities;
(4) Breaching another person's intellectual property rights and/or other rights;
(5) Accessing the Service and related equipment (communication equipment,communication line; server, other equipment, software, etc.) by bypassing UserHabit's designated path;
(6) Modifying (deleting included), replicating, transferring, distributing or deriving products (derivative works) from UserHabit's service, related software and analytic data or materials provided by UserHabit;
(7) Installing and using any equipment and/or software (malignant codes and equivalent) that interferes or may interfere with the normal operation of UserHabit's Service, related software or server;
(8) Assigning, leasing, transferring, disclosing or having in a format that enables a third party to use or receive UserHabit's Service, related software, server, analytic information or materials received from UserHabit without UserHabit's explicit written consent;
(9) Arbitrarily deleting, modifying or corrupting any information related to UserHabit or a third party's intellectual property rights (patent rights, trademark rights, service mark rights, copyrights and business secrets, etc.) or personal information specified or displayed in the analytic information or materials provided by UserHabit;
(10) Reverse-analyzing and reverse-engineering UserHabit's software or attempting to discover related source codes;
(11) Exceeding the rights and scope explicitly granted hereby for the use of the Service; or
(12) Acting in violation of other laws and terms and conditions
3. If any member acts in any of the ways mentioned above, UserHabit may immediately discontinue or restrict part or all of the Service used by the member. In such a case, Article 12, Paragraph 6 applies.
4. If one or more of the Service accounts used by the member is involved in any of the violations specified in Paragraph 2, UserHabit may withhold or restrict the Service for all of his/her accounts as specified in Paragraph 3.v 5. The member shall comply in good faith if UserHabit inquires him/her of his/her providing another party with materials or access to the Service to determine whether the member has violated any of these terms.
6. The member shall frequently verify that his/her version for the functions provided by UserHabit through the Service is current.
7. If UserHabit does not exercise its rights or take an action immediately when the member violates any of these terms, this shall not be regarded as a waiver of its rights specified herein.
Article 17 No Transfer
Neither party shall transfer, delegate, entrust, provide as security or dispose of all or part of the rights in connection with transactions made hereunder to a third party (including any affiliate, parent company, subsidiary, etc.) without its counterpart's advance written consent.
Article 18 Confidentiality
Each party shall treat any information obtained from its counterpart and these terms as confidential and shall not use them for any purpose other than to exercise the rights and perform the duties hereunder. The provision above, however, does not apply to any information obtained by independent research, received from a third party who is not under a confidentiality restriction or is publicly known, and information may be disclosed if: (i) such disclosure is reasonable and necessary to observe the Service Agreement and/or (ii) disclosure is required by law or government.
Article 19 Privacy
1. UserHabit shall not use the information provided by the member in connection with his/her use of the Service for a purpose other than provision of the Service nor provide it to a third party without the member's consent. This provision does not apply in either of the following cases:
(1) The law permits use of member information or provision to a third party or
(2) The member consents as per the company's terms and policy
2. UserHabit shall observe the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and Personal Information Protection Act as well as other relevant legal codes and is committed to protecting the member's privacy. Relevant laws and the company's Privacy Statement shall apply to the protection and use of the personal information. The Privacy Statement that UserHabit posts and publicizes on its Website constitutes part of these terms and the member agrees to that Statement when he/she joins.
3. UserHabit shall, in principle, handle and manage the personal information it collects, but if required, may consign part or all of this task to a third party. Details on this matter shall be communicated to its members by the Privacy Statement.
4. UserHabit shall not be held responsible for any information (including the member account information) disclosure caused by a reason attributable to the member.
Article 20 Termination of Service Agreement
1. A member may request UserHabit to terminate the Service Agreement via the Website, e-mail or otherwise as provided by the Company and the Agreement is terminated when UserHabit accepts the member's request.
2. If a member finds himself/herself in any of the following situations, UserHabit may terminate the Service Agreement after notifying the member by letter or e-mail with no a final notification procedure if:
(1) There is a cause for terminating the Agreement as specified in Article 5, Paragraph 2;
(2) The member violates Article 16, Paragraph 2;
(3) A member fails to pay the service charge and receives final notification from UserHabit, yet fails to pay all of the overdue charge within 2 weeks of the final notice;
(4) A member delays or refuses payment of the Service charge at least twice a year consecutively and nonconsecutively;
(5) A member's credit rating is lowered due to default, suspension of transactions, suspension of payments or suspension of use initiated by any financial institution, e.g. credit card company;v (6) The member is subject to suspension of business, closure of business or dissolution and is no longer eligible for transactions under the Service Agreement;
(7) An application for initiation of reorganization, bankruptcy or similar disposition is raised against the member;
(8) An attachment, provisional attachment, auction or disposition of non-payment is executed and prevents or may prevent the member from doing business normally or pay the service charge in full;
(9) The member collects, uses, discloses, provides or otherwise disposes of user information in violation of any relevant law code, e.g. the Personal Information Protection Act;
(10) The member seriously interrupts UserHabit's business by excessively repeating requests and queries (online included) and forces UserHabit to do something not defined as an obligation; or
(11) There is a reasonable cause that damages the trust between the member and UserHabit and the Agreement cannot continue
3. Notwithstanding the foregoing, UserHabit may terminate the Service Agreement with a member without giving final notice if he/she causes loss or damage to UserHabit with a violation of law or intentional or significant negligence.
4. If the Service Agreement is terminated hereunder, the member loses all his/her rights in connection with the use of the Service and UserHabit shall discontinue providing the member with the Service.
5. If the Service Agreement is terminated, the member shall lose benefit of time for his/her liabilities such as the charges and expenses accrued and overdue interest in connection with the use of the Service and shall pay UserHabit all his/her liabilities.
6. If the Service Agreement is terminated, UserHabit shall delete all pertinent member information except for information held by UserHabit as per the relevant law codes and the Privacy Statement.
7. If the Service Agreement is terminated, the disqualified member's re-joining may be restricted as per the Service Administration Policy.
8. UserHabit shall not be responsible for any damage or loss suffered by a member due to UserHabit's action (discontinuation of the Service as specified in Paragraph 4 and deletion of information as specified in Paragraph 6).
9. Termination of the Service provided herein shall not affect any claim for damages or losses.
Article 21 Compensation for DamagesIf either party suffers damage due to its counterpart's breach, the party at fault shall make due compensation to its counterpart.
Article 22 Indemnity and Limitation on Liability
1. UserHabit shall not be held liable for failure to provide the Service normally due to the following causes:
(1) War, natural disaster, hacking, system error and Acts of God;
(2) UserHabit's modification or discontinuation of the Service as notified in advance; or
(3) UserHabit's failure to provide the Service normally due to a cause attributable to the member
2. The member shall agree no claim for damage or loss may be made against UserHabit or demand any legal liability in connection with the following:
(1) UserHabit does not guarantee a member that use of the Service will bring a revenue, operating profit or other financial gain.
(2) UserHabit offers the Service "as is" and is not responsible for the Service's contents, particular functions, reliability, availability or ability to satisfy the member's requirements.
(3) The member shall be liable for using the analytic information and materials provided through the Service in performing business activities or making business decisions and UserHabit shall not be held liable for that.
(4) UserHabit shall not make any guarantee or representation to the member concerning any matter not specified herein.
3. UserHabit shall not be responsible for any damage suffered by the member or a third party due to a cause attributable to the member (breach of duty in law or these terms). If a dispute arises between UserHabit and a third party from a cause as above, the member shall resolve the dispute at his/her expense and responsibility and indemnify UserHabit from any duty or liability (including the duty to pay for legal counsel).
4. The liability that UserHabit may pay the member (including liabilities for damages and losses) shall be up to the total Service charge that the member paid to UserHabit, regardless of the cause or legal basis. The member shall not claim any monetary payment for damages, loss, etc. exceeding the amount specified above.
5. UserHabit shall not have any legal responsibility toward the member unless specified in the relevant law codes in connection with the Service provided free of charge.
Article 23 Governing Law and Jurisdiction
1. Any issue not specified herein or involving different interpretations between a member and UserHabit shall be discussed and resolved based on general commercial practice and in good faith.
2. Any lawsuit between UserHabit and a member shall be resolved based on the law of the Republic of Korea as the governing law.
3. Any lawsuit concerning a dispute between UserHabit and a member shall be under the jurisdiction of Seoul Central District Court as the exclusive court of first instance.
Announced on: March 14, 2017
Enforced on: March 21, 2017