Terms of Service (TIE Software)
IMPORTANT – Please read carefully before operating the service. These terms of service (the “Terms of Service”) are a legal agreement between the User as defined below and this is engineering Inc. (the “Company” hereinafter) for the use of Service as defined below provided by the Company. By agreeing to these Terms of Service or installing or otherwise using the Service, the User agrees to be bound by these Terms of Service.
Article 1 (Definition)
The terms used in these Terms of Service are defined as follows:
1. Service means the software and documents provided to the User by the Company regardless of the device (including wired and wireless devices such as PC and portable devices) implemented.
2. User means a person who uses the Service provided by the Company in accordance with these Terms of Service.
Article 2 (Grant of License)
Subject to these Terms of Service, the User is granted a limited, non-exclusive, and revocable license to install, access, and use the Service. The features provided by the Service may vary or be limited depending on certain factors, such as the countries, devices, operating systems, or network operators.
Article 3 (Reservation of Rights and Ownership)
The Service is protected under applicable copyright and other intellectual property laws and treaties, and the Company owns the ownership rights, copyright and other intellectual property rights of the Service. The Company owns all rights to the Services not expressly granted to the User under these Terms of Service. The Company declares that the Service is not sold/transferred to the User, but is merely licensed to the User under these Terms of Service. Unless otherwise approved by the Company, the User shall not assign or give any rights or obligations granted under these Terms of Service or the Service to a third party.
Article 4 (Restrictions)
The User shall not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Service; (ii) modify or disable any features of the Service; (iii) create derivative works based on the Service; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the Service; nor (v) interfere with the Company’s business by uploading viruses or inserting malicious code to the Service or interrupting the operation of the Service.
Article 5 (Update, Change or Suspension of the Service)
The Company may, at any time, provides or makes available updates or upgrades to the Service (the “Updates”), including without limitation, bug fixes, service enhancements, new features, deletion of existing functions, or modification of the Service. The Updates will be governed by these Terms of Service, unless such Updates are provided with separate terms and conditions. The Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed. The Company expressly reserves the right to change, suspend, remove, limit, the use of or disable the access to the Service or any portion thereof according to the change to the service environment, expiration of license period, and technical or operational needs.
Article 6 (Products, Services and Content of Third Party)
Article 7 (Consent for Collection and Use of Data)
The User acknowledges and agrees that the Company and/or a third party that is entrusted by the Company may collect and use information necessary to provide the Service and Updates, improve or enhance the Service. The Company will protect and respect the User’s information, and the User’s personal information will be treated in accordance with applicable laws and personal information handling (processing) policies, such as the Act on promotion of Information and Communication Network Utilization and Information Protection, Etc..
Article 8 (Data Access)
Some features of the Service may require the User’s device to have access to the internet and may be subject to restrictions imposed by the User’s mobile network or internet provider. The Service may require access through the User’s mobile network, which may result in additional charges depending on the User’s payment plan. In addition, the User’s enjoyment of some features of the Service may be affected by the suitability and performance of the User’s device hardware or data access.
Article 9 (Compliance with Laws)
The User acknowledges and agrees to comply with any and all applicable laws and regulations in using the Service, including, without limitation, all applicable export restriction laws and regulations.
Article 10 (Termination)
These Terms of Service remain in effect until terminated by the User or the Company. The User can terminate these Terms of Service by ceasing the User’s use of Service and uninstalling, deleting, and returning all related software, documentations, and other materials provided by the Company, including backup copies thereof. Should the User not comply with these Terms of Service, the User’s rights based on these Terms of Service will be automatically terminated without notice from the Company. Upon termination of these Terms of Service, the User shall immediately cease all use of the Service. The Company may terminate these Terms of Service and the Service after notifying the User via the website, pop-up through application, e-mail or etc. 30 days in advance.
Article 11 (Disclaimer of Warranty)
To the maximum extent permitted by applicable law, the Service is provided “AS IS” and “AS AVAILABLE” basis without warranties of any kind from the Company, either express or implied. To the maximum extent permitted by applicable law, the Company disclaims all warranties or other terms expressed, implied or statutory, including, but not limited to, implied warranties or terms of merchantability, satisfactory quality, fitness for a particular purpose, reliability or availability, accuracy, lack of viruses, quiet enjoyment, non-infringement of third party rights or other violation of rights. However, this may not apply where exclusion or limitation of implied warranties is not permitted under applicable law. No advice or information, whether oral or written, provided to the User from the Company shall be deemed to amend, alter, or waive the disclaimer of the Company’s warranty in these Terms of Service as to the Service or to create any warranty of any sort from the Company.
Article 12 (Limitation of Liability)
The Company shall not be liable for any damages caused by or related to the use or inability of the content and functions provided by the Service. This includes, but is not limited to, any other direct, indirect, special, accidental, punitive, or consequential damages arising out of or in connection with errors, omission, interruptions, defects, delays in operation or transmission, computer viruses, connection failures, network costs, etc.. This Article shall apply even if the Company has been notified of the possibility of such damages. However, this may not apply where exclusion or limitation of damages is not permitted under applicable law. This Article applies to the maximum extent permitted by applicable law and the same applies where primary purpose of the remedy is not achieved.
Article 13 (Modification)
The Company may amend these Terms of Service. In case of any amendment to these Terms of Service, the Company shall specify and provide notice of the effective date, the details of change, the reasons for the change, etc. shall be specified and notified 7 days prior to the effective date (in the case of an amendment unfavorable to the User, or an amendment to a significant term, 30 days prior to the effective date) via the website, pop-up through application, and e-mail. If the Company amends these Terms of Service, the Company shall confirm whether a User agrees to the changes after the notice for such changes. If the Company provides in the foregoing notice the User shall be deemed to have given consent to the amendment if the User fails to give the Company either a consent or rejection prior to the effective date, then it is deemed that the User’s consent to amend these Terms of Service has been obtained without such consent or rejection. If the User fails to consent to the change of these Terms of Service, the User may be restricted or suspended from using the Service.
Article 14 (Governing Law)
These Terms of Service are governed by the laws of the Republic of Korea, without regard to its conflict of laws principles. These Terms of Service shall not be governed by the UN Convention on Contracts for the International Sale of Goods, and the application of which is expressly excluded.
Article 15 (Jurisdiction)
If any disputes arising out of or in connection with the Service between the Company and the User, the court with the exclusive jurisdiction shall be decided under the Civil Procedure Act. If the User has an address or residence abroad, or if the User’s address or residence is unclear, the Seoul Central District Court of Korea shall have exclusive jurisdiction.
Article 16 (Entire Agreement)
These Terms of Service constitute the entire agreement between the User and the Company relating to the Service and supersede all previous agreements, communications, representations, or arrangements, either written or oral, or any other subject matters covered by these Terms of Service. If any provision of these Terms of Service is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
Article 17 (Language)
These Terms of Service have been made both in Korean and English, and the Korean version shall prevail at all time if there is a conflict between the Korean version and the English version.
Article 18 (Customer Inquiry)
For further inquiries, please use the Q&A service on the Company’s official website.
Effective date: 25 Dec, 2019