Elecqua Inc., ElecQUA Service Terms and Conditions
Article 1 [Purpose]
The purpose of these Terms and Conditions is to stipulate the rights, obligations and responsibilities between the company and members, and other necessary matters in relation to the use of the smart application ElecQUA (hereinafter referred to as the 'app') provided by Elecqua Co., Ltd. (hereinafter referred to as the 'Company') .
Article 2 [Definition of Terms]
1. Definitions of terms used in these Terms and Conditions are as follows.
① "Member" means a person who has downloaded the app to a terminal, agreed to these terms and conditions, and has been granted the right to use the service. Unless there is a special reason, the owner of the terminal such as a smartphone or tablet PC with the app installed is considered a member.
② "Terminal" means a mobile device that can install and run the app, such as a smartphone or tablet PC.
③ "Service" means all smart device control services provided by the company through the app.
④ "Account (ID)" means a combination of letters, numbers, or special characters selected by the member and assigned by the company for member identification and service use.
⑤ "Account information" refers to the general information and service use information provided by the member to the company, such as the member's ID, password, and name.
⑥ "Password" means a combination of letters, numbers, or special characters selected by the member and managed confidentially to confirm that the member is a member matching the account given and to protect the information and rights of the member.
⑦ "Post" refers to all information and links made up of text, document, picture, audio, video, or a combination thereof posted by a member while using the service.
⑧ "Open Market" refers to a space that mediates transactions between the company and members so that members can download apps for a fee or free of charge. (Example: Apple App Store, Google Play App Store, Naver App Store, T Store, Olleh Market, U+ Store, KakaoTalk game, etc.)
⑨ "Contents" refers to content (smart device control, settings and condition control) that members can use through the app.
2. The definitions of terms used in these Terms and Conditions shall be governed by related laws and other general business practices, except for those set forth in Paragraph 1.
Article 3 [Effect, Application and Change of Terms and Conditions]
1. These terms and conditions become effective when posted online on the website operated by the company (www.elecqua.co.kr, hereinafter 'homepage'). In addition, if you download the company's app and use the content and service, you are deemed to have agreed to these terms and conditions. The terms and conditions apply from the time you agree to them, and if there is a change in the terms and conditions, the changed terms and conditions apply from the time the change takes effect.
2. By agreeing to these terms and conditions, you agree to regularly visit the website to check for changes to the terms and conditions.
3. The company may change the terms and conditions if deemed necessary. When the terms and conditions are changed, the company may set the contents of the changed terms and the date of application and post them online on the website 7 days before the date of application. However, if the contents of the terms and conditions are changed unfavorably to the member, it may be posted online on the website 30 days before the effective date or so that it can be checked when accessing the mobile service. The changed terms and conditions take effect from the effective date of publication or notice.
4. Members have the right to reject the changed terms and conditions. Members who object to changes in these terms and conditions may stop using the service and terminate the use contract (withdrawal of membership). If a member continues to use the service after the effective date of the changed terms and conditions, it is deemed to have agreed to the changed terms and conditions.
Article 4 [Start of Service Use]
1. The company starts the service when the member accepts the application for use. However, in the case of some services, the service can be started from the designated date according to the needs of the company.
2. If the service cannot be started due to business or technical obstacles of the company, it will be posted on the website or notified to members.
Article 5 [Service Provision]
1. The company provides the following services to its members.
① Smart IoT device control and setting/condition control service
② All services developed by other companies or provided to users through cooperation agreements with other companies
2. In principle, the company provides services 24 hours a day, 7 days a week, unless there is a special obstacle in business or technology. However, if necessary for operation, such as regular system inspection, server expansion and replacement, addition of new content, various bug patches, and replacement with new services, the service may be suspended for a certain period of time or for a period of time. If necessary for content and operation, the service may be provided only during certain hours. In the case of the above, the company will notify the contents and time in advance on the homepage or individual service-related homepage. However, if there is an unavoidable reason that the company cannot notify in advance, it may be notified after the fact.
3. The company may provide some services for a fee.
4. In providing services, the company may require members to conclude separate service-specific terms in addition to these terms and conditions. Services that require separate terms and conditions can be used after the member agrees to the terms and conditions of the app, applies for use, and the company approves the contents.
5. In providing services to members, the company may restrict the use of some services according to relevant laws, age of members, and service use procedures. In this case, the company will inform you of the contents in advance.
Article 6 [Protection and Use of Personal Information]
1. The company strives to protect members' personal information, including member registration information, as stipulated by relevant laws and regulations. Regarding the protection and use of member personal information, related laws and the company's personal information processing policy apply. However, the company's privacy policy does not apply to linked sites other than the company's official website.
2. If necessary for identity verification, the company may notify the member of the reason (purpose) and request the member's identification card or a substitute certificate. The company cannot use it for any purpose other than notified in advance, and when the purpose is achieved, it is immediately destroyed in a way that cannot be reproduced.
3. The company does not take any responsibility for any information, including the member's account information, exposed due to reasons attributable to the member.
Article 7 [Management and change of personal information]
Members must diligently manage their personal information to use this service, and if there is a change in personal information, they must change it. Members are responsible for damages caused by delays or omissions in changing their personal information.
Article 8 [Provision of information and posting of advertisements]
1. The company may post advertisements to maintain this service, etc., and members agree to the advertisements exposed when using the service.
2. The company does not bear any responsibility for any loss or damage caused by the user's participation in the advertisement provided by the company, which is provided by a third party, or by communication or transaction.
3. The company may request additional information about individual members for the purpose of improving services and introducing services to members, and members may agree to the request and provide or reject additional information.
4. The company uses SMS (LMS), smartphone notifications (push notifications), and e-mail when providing advertisements in paragraph 1 and information in paragraph 3 by using personal information collected from members with prior consent of members. If the member does not want to receive it, he or she can refuse to receive it at any time.
Article 9 [Use of Content]
1. Except for special content with a limited period, in principle, members can use the service without limitation or additional charge within the period in which the service is normally provided. However, additional charges may be incurred when purchasing content using network services within the application.
2. The content purchased by the member can be used only on the device that has been downloaded or installed by default. However, depending on the nature of the open market, if the terminal can be changed and used through account sharing, the policy of the open market is followed. In the case of device change, number change, overseas roaming, etc., all or part of the content cannot be used, and the company does not bear any responsibility in this case.
Article 10 [Service change and suspension]
1. The company may change the services it provides according to operational or technical needs. The contents of the service to be changed and the date of provision are notified in advance by posting on the operated website. However, if there are unavoidable circumstances such as fatal bugs, server defects, or emergency security issues that cannot be notified in advance by the company, notification may be given after the fact.
2. If the company needs to suspend all services due to the planning or operation of the service or the company's urgent situation, the company may suspend the provision of the service by notifying it on the website 30 days in advance. Members cannot claim compensation for paid services for which there is no remaining period of use when the service is terminated. In the case of paid contents and services for which the warranty period is marked as 'permanent' or for which the warranty period is not indicated, the period of use of the contents and services is considered until the end of the notified service upon notice of service suspension.
3. The company may limit or suspend all or part of the service in the following cases.
① In case of force majeure such as war, incident, natural disaster or national emergency
② If there is a problem with normal service use due to power failure, failure of various facilities, or congestion of usage, etc.
③ In case of unavoidable reasons due to construction such as maintenance of service facilities
④ In case the service cannot be provided due to various circumstances of the company
4. In case of service interruption under Paragraph 2, notice will be posted on the website operated by the company. However, this is not the case when prior notice is impossible due to service interruption due to reasons beyond the company's control.
5. The company is not responsible for any problems arising from changes or suspension of services.
Article 11 [Collection of Information]
1. The company can store and store all the contents of the member's use of content within the service, and the member agrees to the company's actions as above.
2. The company can view this information only when the company deems it necessary for resolving disputes between members, handling complaints, or maintaining order. This information is held only by the company and cannot be accessed by third parties without permission by law. The company must notify the individual in advance of the reason for reading the writing information and the scope of reading before reading the information. However, in relation to account theft, cash transaction, verbal violence, deceptive acts such as fraud, exploitation of bugs, violation of other current laws and violations of the member's obligations under Article 13 of these Terms and Conditions, in relation to the investigation, processing, confirmation and remedy of the member's If there is a need to read the writing information, the reason for reading and the part related to the person who read the information will be notified to the individuals whose writing information was read after the fact.
3. The company may collect and utilize member mobile terminal setting and specification information to improve mobile service quality, such as service operation and program stabilization.
Article 12 [Obligations of the company]
1. The company complies with relevant laws and faithfully fulfills the exercise of rights and obligations stipulated in these Terms and Conditions in good faith.
2. The company establishes a security system to protect personal information so that members can use the service safely, and discloses and complies with the privacy policy. The company does not disclose or provide the member's personal information to a third party, except as stipulated in these terms and conditions and the personal information processing policy.
3. In order to provide continuous and stable service, in the event of equipment failure or loss of data while improving the service, the company may be liable for unavoidable reasons such as natural disasters, emergencies, defects and failures that cannot be resolved with current technology. We will use our best efforts to repair or restore it without delay.
4. The company will process the opinions or complaints raised by members immediately if it is recognized as legitimate. However, if it is difficult to process immediately, the reason and processing schedule may be notified by phone or e-mail collected with prior consent from the member.
Article 13 [Obligations of Members]
1. Members must not do the following.
① When providing personal information to the company, use information other than the real name or information of another person, or write false facts
② Stealing or fraudulently using another member's ID and password
③ Reproduction, distribution, promotion or commercial use of the company's service or information obtained using the service without the company's prior consent
④ Using the company's service to generate property profits for oneself or others
⑤ Acts that damage or damage the reputation of others
⑥ Payment of service charges by unauthorized use of payment methods without consent or consent of the owner
⑦ Infringement of other rights such as intellectual property rights of the company, intellectual property rights of third parties, portrait rights, etc.
⑧ Collect, store, disseminate, and post personal information of other members without obtaining approval from the company
⑨ Registration or dissemination of virus-infected data that exploits program bugs, malfunctions of service-related facilities, or destroys or disrupts information
⑩ Transmits information that may intentionally interfere with the operation of the company's service or interfere with the stable operation of the service, and advertising information against the recipient's explicit intention to opt out
⑪ Acts of pretending to be someone else and falsely stating the relationship with others
⑫ Exchanging or posting obscene or vulgar information, connecting (linking) to obscene sites, or posting unauthorized advertisements and promotional materials
⑬ In the case of inducing or participating in speculative acts such as gambling with property
⑭ Transmitting, reaching, or distributing words, sounds, texts, images, or images that cause shame, disgust, or fear to the other party
⑮ Changing information posted on the service
⑯ Includes software viruses, other malicious codes, files, and programs designed to disrupt or destroy the normal operation of information (mobile programs) or mobile software, hardware, and telecommunications equipment whose transmission or posting is prohibited by relevant laws and regulations transmission, posting, dissemination, and use of the material being
⑰ An act of posting or sending e-mails by impersonating or impersonating an employee or operator of the company or by stealing the name of another person
⑱ Other violations of public order and morals, illegal or unreasonable acts, and acts that violate related laws
2. Members are obliged to check and comply with the provisions of these terms and conditions, notices notified in relation to usage guides and services, and matters notified by the company.
3. The company may set specific types of acts that fall under paragraphs 1 and 2 and any of the following subparagraphs in the operating policy, and members are obliged to comply with them.
① Restriction on member ID, nickname, etc.
② Restrictions on content use and methods
③ Restriction on use of bulletin board
④ Restrictions on how to use the service
⑤ Matters deemed necessary by the company for service operation within the scope of not infringing on the essential rights of other members to use the service
Article 14 [Service for testing purpose]
The company may provide services for testing purposes for a certain period of time to its members.
Article 15 [Attribution of Copyright and Restrictions on Use]
1. The copyright and other intellectual property rights of the contents produced by the company within the service are owned by the company.
2. The copyright of the posts posted by members within the service belongs to the authors of the posts.
3. Posts posted by members within the service may be exposed in search results or service and related promotions, and may be partially modified, reproduced, edited and posted to the extent necessary for such exposure. In this case, the company complies with the provisions of the Copyright Act, and the member can take actions such as deleting, excluding from search results, or disclosing the post at any time through the customer center or management function within the service.
4. The company must obtain the member's consent in advance by phone, fax, e-mail, etc., if the company intends to use the member's post in a method other than paragraph 2.
5. Members may copy, transmit, publish, distribute, broadcast, or otherwise for-profit information without the prior consent of the company or the provider of the information obtained by using the service provided by the company, the intellectual property rights of which belong to the company or provider You must not use it for personal use or allow a third party to use it.
6. The company may delete, move, or refuse registration without prior notice if it is determined that the postings or postings in the service posted or registered by members fall under the prohibited acts stipulated in Article 13.
7. Members whose legal interests have been infringed by information posted on bulletin boards operated by the company may request the company to delete the information or post refutation. In this case, the company promptly takes necessary measures and notifies the applicant.
8. The above is valid while the company operates the service and continues to apply even after membership withdrawal.
Article 16 [Member Posts]
1. Any damages or legal issues caused by a member's postings are the individual member's responsibility and the company is not responsible for them.
2. The company may move posts without prior notice according to management needs.
3. If the company receives an objection, such as a claim for damages, from another person for the reason that the member's post violates the rights of another person, the member who wrote the post must actively cooperate for the company's indemnification, and In this case, the member shall bear the responsibility for the problem caused by it.
4. If the postings posted or delivered by the member fall under any of the following subparagraphs, the company may delete them without prior notice and may also refuse registration.
① In the case of content that slanders another member, invades privacy, or damages the reputation through slander
② If there is a concern that the stable operation of the service is hindered or reduced
③ If the content is recognized as related to criminal activity
④ If the content infringes on other rights such as intellectual property rights of the company and a third party
Article 17 [Payment]
1. In principle, the purchase price for content is charged according to the method and policy set by the mobile carrier, open market, and app, and the payment method is also paid according to the prescribed method. Payment limits may be granted for each payment method according to the company's policy, payment company's policy (mobile carrier, open market store, application store, etc.), government policy, etc.
Article 18 [Withdrawal of subscription and refund of purchase price]
1. Paid services and app content provided by the company to members are divided into services that allow subscription withdrawal and services that restrict subscription withdrawal. For services that can be withdrawn, subscription can be withdrawn only for services that have not been used within 7 days of purchase. However, for services that fall under the reasons for restrictions on withdrawal of subscriptions set forth in the relevant laws, withdrawal of subscriptions may be restricted, and the fact that services for which withdrawal of subscriptions is restricted is restricted is displayed on the connection screen, etc. prior to payment.
2. In the case where a member's in-app payment is charged as a mobile carrier's information usage fee, if the member's request for refund is made after the mobile carrier's information usage fee is charged, the refund will be made in accordance with the mobile carrier's policy in principle for the next month This is done by deducting from the mobile carrier's bill.
3. If an overpayment occurs due to the company's intention or fault, the overpayment will be refunded to the member. However, if an overpayment occurs intentionally or due to reasons attributable to the member, the company shall bear the cost of refunding the overpayment to a reasonable extent.
4. If a member purchases content through a third party that has a contractual relationship with the company, the company may directly refund the member's convenience for the member's convenience, and depending on the situation, the company may help refund some of the amount within the range set by the company. can give you However, in the case of the Apple App Store, the company cannot check whether the member has made a payment within the app, so the member must apply for a refund directly to Apple.
5. In principle, refunds are not possible for in-app purchases made through the gift function.
6. Refunds are based on the account of the holder of the device, and if it is difficult to verify the account of the holder due to reasons such as minors, refunds are made by replacing the account with the legal representative or an account to which the fee is automatically transferred.
7. In case of requesting a refund, the company may request the member to submit the documents specified in each of the following items for identity verification after checking the purchase details, and the member must submit the requested documents to the company by fax transmission, etc. . If it is difficult to verify the identity of the member due to reasons such as minors, the legal representative may request a refund.
① Refund request form or refund-related consultation details (e-mail refund request, etc.)
② A copy of the document confirming the identity of the refund requester (terminal owner)
③ A copy of the bankbook in the name of the person requesting the refund
④ 1 copy of payment receipt (may not be received depending on circumstances)
8. The company will do its best to complete the refund as soon as possible from the date of receiving the documents set forth in the preceding paragraph from the member.
Article 19 [Termination of contract and suspension of service]
1. If a member commits an act that violates the operating policy separately set forth in each of the following subparagraphs or apps, the use of the service may be suspended by terminating the use contract or setting a period in accordance with these terms and conditions or the operating policy for each app.
① In case false information is registered when applying for service
② In case of stealing another person's ID and password
③ If the operation of the service is intentionally disrupted
④ In the event of damaging the reputation of others or giving disadvantages to them
⑤ In the case of transmitting a large amount of information or advertising information for the purpose of interfering with the stable operation of the service
⑥ Distributing virus programs that cause malfunction of information and communication facilities or destruction of information
⑦ If the intellectual property rights of the company and other members or others are infringed
⑧ In case there is a request for correction from a government agency or an authoritative interpretation from the National Election Commission in relation to an illegal election campaign
⑨ In the case of copying, distributing, or commercially using information obtained by using the company's service information without prior consent from the company
⑩ In case of posting pornography or connecting (linking) to pornographic sites
2. If the company terminates or suspends the use contract in accordance with the provisions of the preceding paragraph, the member must delete the downloaded content, and the paid content purchase price, data call fee, monthly service fee, etc. cannot be refunded.
3. Members can suspend the use of the service at any time, in which case the company is not responsible for any damages caused to the member.
Article 20 [Compensation for damages]
1. If the company causes damage to a member intentionally or by gross negligence, it is responsible for compensating for the damage.
2. If a member causes damage to the company by violating these terms and conditions, the member is responsible for compensating the company for the damage.
Article 21 [Indemnity of the company]
1. The company is exempted from responsibility if the service cannot be provided due to exhibitions, incidents, natural disasters, emergencies, technical defects that cannot be resolved with current technology, or other force majeure reasons.
2. The company is exempted from liability for service suspension, use failure, and contract termination due to reasons attributable to the member.
3. The company is exempted from responsibility for damages to members caused by the mobile communication service provider stopping or not providing network services normally, unless there is intentional or gross negligence on the part of the company.
4. For unavoidable reasons, such as maintenance, replacement, regular inspection, and construction of service facilities notified in advance, the company
In the case of service suspension or failure, liability is exempted unless there is intentional or gross negligence on the part of the company.
5. The company is exempted from responsibility for any problems caused by the member's terminal environment or problems caused by the network environment without intention or gross negligence on the part of the company.
6. The company is exempted from responsibility for the reliability and accuracy of information, data, and facts posted or transmitted by members or third parties within the service or on the website, unless there is intentional or gross negligence on the part of the company.
7. The company has no obligation to intervene in disputes between members or between a member and a third party through mobile services, and is not responsible for compensating for damages caused therefrom.
8. In the case of free services among the services provided by the company, the company does not compensate for damages unless there is intentional or gross negligence on the part of the company.
9. Some of these services may be provided through services provided by other operators, and the company is exempted from liability for damages caused by services provided by other operators unless there is intentional or gross negligence on the part of the company. .
10. The company is not responsible for the failure to obtain or lose the results expected by the member using the service, and the company is not responsible for damages caused by selection or use of the service unless there is intentional or gross negligence on the part of the company. exempted.
11. The company is exempted from responsibility for damages caused by errors in the member's terminal, or damages caused by incorrectly or not entering personal information and e-mail address, unless there is intentional or gross negligence on the part of the company.
Article 22 [Notification to Members]
1. If the company notifies the member, it can be done through the e-mail address or e-memo designated by the member.
2. If the company notifies all members, it can be substituted for the notification in paragraph 1 by posting on the initial screen of the app for more than 7 days or presenting a pop-up screen.
Article 23 [Rules outside of the Terms and Conditions]
Matters not specified in these Terms and Conditions and interpretation of these Terms and Conditions shall be governed by the relevant laws and regulations.
Article 24 [Jurisdiction and Governing Law]
These terms and conditions are governed and interpreted in accordance with the laws of the Republic of Korea, and if a lawsuit is filed due to a dispute between the company and a member, the Seoul Central Court shall be the competent court.
Article 25 [Special Terms]
If there is a separate agreement between the company and the member, the separate agreement takes precedence over these terms and conditions.
These Terms and Conditions are effective from April 01, 2021.