< Chapter 1 Application of Terms and Conditions >
Article 1 Purpose
The purpose of this clause is to stipulate basic matters, such as rights, duties and responsibilities, terms and conditions of use and procedures, between users and companies, in relation to Salted Balance (hereinafter referred to as “Salted Balance”) provided by the Salted Corporation (hereinafter referred to as “Company”). These terms and conditions apply mutatis mutandis to e-commerce transactions using mobile (Android, iPhone, etc.) apps, as long as their properties are not contrary to them.
Article 2 Definition of terms
The definition of the terms used in these terms and conditions are as follows and shall be in accordance with that stipulated by relevant laws and Service information.
- - Salted Device: Refers to the smart device that is linked to the Salted Balance platform through Bluetooth communication and includes both salted shoes and salted insoles that can measure the user's balance.
- - Salted Balance: Refers to the platform that allows the Center's trainer (hereinafter “Member (instructor or doctor)” to add Center Members (hereinafter “Member (Member))” and link Salted Devices to measure, store and share Member data and it refers to a mobile (Android, iPhone, etc.) app that provides convenience (body analysis, exercise recommendation, management, etc.) to instructors, and Members by providing the Company's Services in accordance with these terms and conditions.
- - Center (instructor or doctor): Refers to the person who has signed up for the Salted Balance Membership as a trainer of the Center and has signed a Service usage agreement with the Company in accordance with these terms and conditions and has been given an ID. (People who may fall under the Center: institutions that provide various Services for exercise to individuals such as fitness, Pilates, yoga, golf, etc., institutions that provide medical Services to individuals such as hospitals and clinics)
- - Member: Refers to a Member of the Center who signed up for Membership by verifying a phone number to share data acquired with the Salted Balance app.
- - Distribution Contractor: Refers to the entity that the Center posts information about goods or Service products using the Services provided by the Company and sells them (classes, places, options and other products).
- - Monthly Service Fee: Refers to the monthly charge the Center charges to use Salted Balance's solution and server linkage function.
Article 3 Expression, Explanations and Revisions of Terms and Conditions
Applying Terms and Conditions:
Matters concerning the use and utilization of the Salted Balance shall be subject to the terms and conditions set forth in these Terms and Conditions and matters not specified in these Terms and Conditions shall be subject to laws or customs. If deemed necessary, the Company may amend this clause to the extent that it does not violate the relevant laws, such as the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protect and the Framework Act on Consumers. If the Company revises the terms and conditions, the date of application and the reason for the revision shall be specified and announced through the site from 7 days before the effective date to the day before the effective date with the current terms and conditions. However, if the terms and conditions are changed unfavorably to the Members, it shall be notified with a grace period of at least 30 days in advance. In this case, the Company clearly compares the contents before and after the revision to make it easier for Members to know. If a Member continues to use the Company's Service after the effective date announced pursuant to the preceding paragraph, it is deemed to agree to the revised terms and conditions. Centers that do not agree to the revised terms and conditions may freely terminate the Service (APP) contract at any time. Matters not specified in and interpretation of these Terms and Conditions shall follow the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Consumer Protection Guidelines for Electronic Commerce set by the Korea Fair Trade Commission, as well as related laws or commercial practices.
< Chapter 2 Service Usage >
Article 1 Establishment of usage agreement
The usage agreement is established by the consent of the person who intends to become a Member (hereinafter referred to as “Applicant”) and the Company's consent to the application. The Applicant's Membership is established when the joining is completed on the platform (Salted Balance) provided by the Company. The Applicant must be aware of the following matters announced by the Company for the Service before signing the Service usage agreement and make sure that it is used accurately without error.
- a) Contents of the Service, how to use and how to terminate, etc.
- b) Server policy for operating data stored in the Service, etc.
Article 2 Approval of application for use
The Center accepts the application for use by filling in the Member information according to the Membership registration form set by the Company and verifying the identity by e-mail authentication. When applying for the use of the Service (solution), the Member is approved by verifying the identity through SMS authentication of the phone number. The Company may request the customer to verify their identity by e-mail or SMS authentication when applying for use under the preceding paragraph. The usage agreement is established when the applicant agrees to the Terms and Conditions. Members are responsible for any disadvantages arising from modifying personal information or not notifying the change if there is a change in the application for use made at the time of application for Membership. The Company may refuse to accept the application for use or terminate the usage agreement afterwards and may request compensation for damages depending on the circumstances of the case.
- a) Where the name of another person is stolen or false or misleading in the contents of the written content
- b) Applying for rejoining after the usage agreement is terminated by the Company
- c) If the applicant has previously lost his/her Membership under these terms and conditions, except where he/she obtains consent to rejoin the company.
- d) Applicant intends to use the Service for illegal purposes or for the pursuing profit
- e) The application is filed for the purpose of violating related laws or impeding the well-being and order of society or morals
- f) If Company is suffered lack of facilities or technical difficulties in the Service operation. However, in this case, consent to use may be deferred until the reason is resolved.
- g) Other cases where it is found that the application for illegal or unjust use is against these terms and conditions, or where the Company deems it necessary by reasonable judgment.
Article 3 Initiation of Service usage
The Company provides Service after the affiliated store's monthly payment is completed. If the Service cannot be started due to a business or technical difficulties of the Company, the Member shall be notified via phone, email, or SMS.
Article 4 Service Hours
In principle, the use of the Service shall be 24 hours a day, 7 days a week. However, the Service may be temporarily suspended for business or technical reasons such as regular inspections and the Service may be temporarily suspended during the period set by the Company for operational purposes. In this case, the Company shall notify the Service suspension and the period of suspension in advance. If there is an urgent or unavoidable situation that cannot be notified in advance, it shall be notified afterwards.
Article 5 Changes and Suspension of Services
The Company may change the server according to operational and technical needs. In this case, the Company shall notify details of changed contents and date of provision to the Member. The Company may temporarily limit or suspend all or part of the Service in the following cases.
- a) Inevitable software Service maintenance, etc.
- b) The Center intentionally interferes with the Company's Service providing activities
- c) The Service may not be maintained due to the circumstances of the Company, such as termination of the contract with the Distribution Contractor
- d) A force majeure cause that the Company may not control such as the natural disasters, the national emergencies and the suspension of Service caused by administrative acts of state agencies (e.g. the Korea Communications Commission), government organizations, investigative agencies, court, etc.
- e) In case of Service interruption, the Member is notified in principle. However, if there is a difficulty, urgent or unavoidable situation to notify in advance, it may be notified afterwards.
- f) Up to 24 hours (hereinafter referred to as “delay time”) for one month in the inspection and repair of facilities for Service improvement are not included in the suspension or failure.
Article 6 Provision of Information
The Center provides personal information of the Company in using 'Salted Balance' and Members provide personal information to the Center using the Salted Balance to receive 'Salted Balance' data sharing and, provide information necessary for Service usage to the third party such as employees of Center.
< Chapter 3 Usage Fees >
Distribution Contractor: Information of usage fee can be provided by inquiring on the website or the Company, and it may be changed according to business circumstances and policies. In principle, changes shall be notified 7 days in advance. If any of the matters not specified in these terms and conditions are stipulated in the relevant domestic laws and regulations, they are subject to the relevant laws and regulations.
< Chapter 4 Refund of Fees >
The billing date of the Monthly Service Fee is the day the period of use begins, so the Monthly Service Fee may not be refunded. In the case of a regular payment, it shall not be charged if cancellation of subscription is completed before the expiration of the next month's usage period. If the Salted Device is contracted with the Monthly Service Fee in the form of a contract, the refund shall take precedence over the device price contract.
< Chapter 5 Property Rights, Data Ownership and Use >
Centers, Members and Distribution Contractors may provide, transmit and use media data and biometric data (information included in the Salted Balance Platform) in the Service or through the Service. In this regard, the Company uses the contents provided on the platform for copying, reproducing, applying, modifying, editing, etc. and this data is owned by the Company. However, such user information is applied only within the scope of the purpose of the Service in any case.
Article 1 Intellectual Property Rights
The Company grants the Center the right to use Services such as accounts, IDs, measurements, data transmission, etc., while the affiliated store has paid the Monthly Service Fee. The Company reserves all rights, ownership and interests of the Service and all rights, ownership, interests of all intellectual property rights including all data acquired through the 'Salted Balance'.
Salted Balance or third-party ownership marks, symbols, trademarks, Service marks, trade names, logos or other marks included in connection with the Service may not be removed, hidden, modified or otherwise altered (including copyright and trademark marks). And it is agreed not to use any other person for the name or logo's owner, licensee, or authorized user (as the case may be) in a manner that is intended to cause mislead, confusing, or is likely to.
Platforms, brands, products and Services, including Salted Balance and Salted, are all owned by the Company. The license is granted for the period of use for which the Monthly Service Fee is paid and the right to use is given to the Distribution Contractor.
- a) A derivative platform (Service) or product may not be modified, copied or created as a platform providing the Service.
- b) Licensing, access (accessing or using the Service for analysis of competitors), resale, lease, transfer, etc. to third parties other than Distribution Contractors are not permitted.
- c) Copyright infringement of copying features, functions, interfaces and graphics of the Service is subject to relevant laws and regulations.
Article 2 Data Ownership
The Company has ownership of information, documents, media data and biometric data about users and the Company owns the aggregated data and data usage rights of users provided by or through the Service. The Company may create and use statistical data on the Member's personal information in relation to business and may transmit cookies, e-mails, etc. to the Member's mobile (Android, iPhone) app. Members can refuse this and the Company is not responsible for any disadvantage of being unable to use the Service by the refusal of the Member.
Article 3 Disputes Related to Data
If the Monthly Service Fee, which is the server operating cost, is not paid, the use of Salted Balance is restricted and access to the Center, Members' contents and other data is not possible. Also, data recovery is not possible if the Center with the administrator's authority has deleted data from the server. When a Member requests his/her data from the Center or Distribution Contractor, the Center or Distribution Contractor shall transmit the data to the Member and the Company does not have any connection in the dispute of ownership or access to the data. To resolve the dispute, the Company does not have an obligation to intervene and the user acknowledges and agrees. The Company complies with laws and regulations related to the operation and maintenance of Services, such as the Act on Promotion of Information and Communication Network Utilization and Information Protection and the Protection of Communications Secrets Act.
Article 4 Service License
Members and Distribution Contractor own and reserve all the rights in the Service, including all legal rights, ownership and interests and all intellectual property rights in the Service regardless of whether the data of the Member and the Distribution Contractor are legally guaranteed. The Company hold all the rights and data regarding the Services of the platform provided by the Salted Balance. No source code of the Salted (Service or part thereof) may be copied, edited, or extracted in a derivative production, reverse engineering, decompile, or otherwise, unless the Company explicitly permits in writing, or as long as it is permitted under law applicable to the customer. And the Company shall not grant or permit third parties any license to do this.
< Chapter 6 Termination of Contract >
< Chapter 7 Prohibition of Transfer >
The Center may not transfer or give the right to use mobile app Services, other contractual status to others and all rights and responsibilities are to the Members when implementing it. The transfer of purchased usage rights differs according to the policies of each Distribution Contractor and for details, you can directly inquire through the Distribution Contractor and transfer and donate the usage rights according to the applicable policy through the Distribution Contractor. All rights and responsibilities for the transfer of usage rights depend on the policy of the Distribution Contractor.
< Chapter 8 Compensation for Damage, Disclaimer, etc. >
If the Company is unable to provide the Service due to natural disasters or equivalent force majeure, the Company is exempted from responsibility for the provision of the Service. The Company is not responsible for any disruption in Service usage due to reasons attributable to the Center. The Company is not responsible for the usage rights purchased through the Distribution Contractor and is not responsible for any other damages caused by data obtained through the Service. The Company is not obligated to intervene in the dispute caused by the Service as a medium between Members or between Members and third parties or Distribution Contractors and is not responsible for any damages caused by this. The Company is not liable unless there are special provisions in the relevant law regarding the Service usage provided free of charge.
< Chapter 9 Jurisdiction and Governing Law >
- 1. The jurisdiction of litigation concerning disputes between the Company and users in relation to the Service usage is governed by the Civil Procedure Act.
- 2. This Agreement is to be construed in accordance with the laws of the Republic of Korea.
These terms and conditions shall be effective from December 05, 2019.