The purpose of SALTED LTD Integrated Terms of Service (“the Terms”) is to provide for the rights, obligations and responsibilities between the Company and User and between Users, the terms and procedure of using service, and other necessary matters in connection with use of all products and ‘Internet/mobile services and solutions’ (hereinafter ‘Integrated Service’) provided by SALTED LTD (hereinafter “the Company”). To use the Company’s product and Integrated Service or become a Member, one shall check or consent to the Terms and related operation policies, and by consenting to the Terms, can enroll in and use Integrated Service. The following are definitions of components of Integrated Service as set forth herein.
- · Product: Any product using SALTED brand (SALTED Smart Insole, SALTED Smart Shoes, etc.)
- · Internet/mobile service: Any Internet or mobile service using SALTED brand (SALTED Homepage, SALTED Balance, SALTED Golf, SALTED Training, SALTED Treadmill, etc.)
- · Solution: Platform and software linking between Internet/mobile services and products and thereby providing data measuring, storing, and sharing features.
However, even product and service using SALTED brand, if the same are product and service provided by a third party, not the Company (e.g., DRAX Treadmill to which SALTED Treadmill service is applied, the relevant operating company’s own terms of service and operation policy may prevail over the Terms.
Article 1 (Definitions)
The terms used in the Terms are defined as follows.
- · User: A person using the Company-provided product and Integrated Service hereunder. Includes Member, Non-member, and Partner.
- · Member: Among Users of service, a person who has registered as a Member by providing personal information (“PI”) to the Company and can continuously use the Company-provided product and Integrated Service.
- · Non-member: A person using the Company-provided product and Integrated Service without registering as Member.
- · Partner: An organization or individual entering into an agreement (contract) for use of solution with the Company. Partner may use the Company’s solution by receiving ID or certification code through contract with the Company. Also, through individual contract with Member, Partner may post contents using the Company-provided solution and distribute them to Member.
- · Paid Service: Collectively, services provided according to the Payment Agreement made between the Company and the Partner for the use of the Company’s solutions and server connected functions. Monthly billing included.
Terms not defined herein shall be governed by general commercial practices and applicable laws.
Article 2 (Effect and revision of the Terms)
- ① The Company shall post the Terms in the Integrated Service screen or announce the same in other methods, and the Terms shall bind all Users consenting thereto.
- ② The Company may revise the Terms, and will announce the revised Terms in the Integrated Service so that User can check the same. In revising the Terms, the Company will make notice in the integrated Service at least 7 days before the effective date, specifying the effective date and reason for revision. Unless User fails to expressly object to the revision after notice of revision, he/she shall be deemed to consent to the revised Terms. User not consenting to the revised Terms may cancel his/her membership (withdraw from membership and terminate Partner agreement).
- ③ In principle, the Terms shall be applicable from the date User consents thereto to the time service agreement is terminated under Article 12. However, some clauses hereof may survive termination of service agreement.
Article 3 (Other governing rules)
Article 4 (Integrated management of Member information)
Member information and Partner information for product and Integrated Service can be subjected to integrated management.
Article 5 (Entry into contract)
- ① A membership agreement for Integrated Service shall be entered into by a person wishing to become a Member (hereinafter “Membership Applicant”) consenting to the Terms and offering to become a Member in accordance with the Company-designated procedure and the Company accepting the same. The agreement shall be deemed entered into at such time the Company’s acceptance arrives at the Member.
- ② An agreement for use of solution, among Integrated Service, shall be entered into by an individual or organization wishing to become a Partner (hereinafter “Membership Applicant”) consenting to the Terms and executing a written contract in accordance with the Company-designated procedure and the Company accepting the same. An agreement for use of solution shall be deemed entered into at such time the Company’s acceptance arrives at the Partner.
- ③ Before entering into the agreement, Membership Applicant shall fully understand the following matters announced by the Company so that he/she can use service without errors.
- I. Content of service, how to use service, how to terminate contract, etc.
- II. Policy on server operating data stored in the service, etc.
Article 6 (Restriction on membership)
In principle, the Company shall accept application for membership in Integrated Service under Article 5. However, in any of the following cases, the Company may withhold or refuse to accept until the relevant circumstance ceases to exist.
- I. Where Membership Applicant used to be disqualified for membership hereunder in the past, unless his/her membership re-enrollment is approved by the Company
- II. Where the name given by the applicant is not his/her real name or is another person’s name
- III. Where the applicant has provided false information or failed to provide the Company-required information
- IV. Where acceptance is impossible due to the applicant’s fault or where the application for Integrated Service and solution is in violation of various matters
- V. Where there is no capacity in the service equipment or there are technical problems
Article 7 (Use of service)
- ① Upon entry into an agreement for use of Integrated Service, User may freely use Integrated Service 24/7 (24 hours a day and 7 days a week). However, the service may be temporarily suspended for the Company’s operational or technical reasons such as periodic inspection, in which case the Company shall announce the suspension period in advance or subsequently.
- ② Even after entry into an agreement for use of Integrated Service, for some individual or detailed sub-service, consent to separate terms of service may be required, such that additional information must be provided or the Company-required certification procedure (e.g., email address or text messaging certification) must be completed for the service to be used.
- ③ At any time after entry into the service agreement, a User may stop using individual or detailed sub-service forming the integrated service by use of features provided by such sub-service, in which case User shall note that there can be certain temporal restrictions in using the relevant service again later.
- ④ Stopping use of an individual or detailed sub-service is only applicable to that service, not other services forming Integrated Service. To stop using the entire Integrated Service, User shall terminate the agreement for use of Integrated Service through the Company’s customer center.
- ⑤ The Company shall provide User with various services which can be used on the Internet or mobile, such as bulletin service, online contents service, location-based service, and data measuring and provision service as a result of healthcare data collection.
- ⑥ In order to use service, User may download service program at the application store provided for each mobile OS (operating system) and install the same, or access the Company’s homepage. Some solutions can be used through remote software downloading/updating.
- ⑦ Details on how to use Integrated Service are available at the Company’s homepage and each service’s Q&A bulletin, and the Company’s integrated customer center and notices (announcement).
- ⑧ To provide better Integrated Service, the Company may provide software updates adding important features or removing unnecessary ones.
- ⑨ In the use of Integrated Service, the cost of devices (that are not the Company’s product), communications equipment, OS (operating system), means of communications and electricity shall be borne by the customer, and inquiries on data communications fees that result from connecting to telecommunications service provider’s wireless Internet instead of using Wi-Fi shall be made to User’s mobile telecommunications service provider.
Article 8 (Change and termination of service)
- ① In any of the following cases, the Company may restrict or suspend use of Integrated Service in whole or in part.
- I. Periodic or non-periodic inspection for maintenance of hardware/software for Integrated Service, etc.
- II. Problems to normal service due to power outage, equipment failure, traffic overflow, etc.
- III. Inability to maintain Integrated Service in whole or in part, due to termination in contractual relationship, order/regulation by government, etc.
- IV. Force majeure events outside the Company’s control (e.g., service suspended due to act of God, national emergency, or government agency’s administrative or judicial disposition)
- V. In the case of permanent suspension of service due to the Company’s circumstances, notice shall be given 1 month in advance, and the Company is not responsible for User’s failure to recognize the notice in that period. If unavoidable, the notice period may be reduced or omitted. Also, if messages kept or transmitted in the service hereunder is not preserved or is deleted or if the data is otherwise lost due to suspension of service, the Company is not responsible.
- ② Suspension of service shall be notified to Member in advance in principle, but if an urgent situation makes it difficult to do so, a subsequent notice can be given.
- ③ The Company is not responsible for User’s loss of profit expected from use of service, User’s damages due to materials obtained through service, and accuracy of information or materials posted by Member in the service hereunder.
- ④ In connection with use of service, the Company is not responsible for Member’s damages due to the latter’s fault.
Article 9 (Use of Paid Service)
- ① Some or most individual services forming Integrated Service are provided free, but some detailed sub-service is provided for a fee through contract with Partners.
- ② In principle, Paid Service provided by the Company may be used after payment of fee.
- ③ Methods of payment for Paid Service include bank account transfer, credit card payment, etc., and different Paid Services may have different payment methods.
- ④ The Company may request Partner and Member to provide additional PI indispensable for the payment, and they shall accurately provide such PI.
- ⑤ If application for Partner’s Paid Service falls under any of the following, the Company may withhold or refuse to give acceptance.
- I. Where the applicant provides false information or steals another person’s name, card information, or bank account information
- II. Where the applicant fails to provide the Company-required information
- III. Where a minor attempts to subscribe to Paid Service without parental consent
- IV. Where there is no capacity in the service equipment or there are technical or operational problems
- V. Where use of Paid Service or access to system is conducted in an abnormal method, instead of the Company-provided method of using Paid Service
- ⑥ Paid Service agreement shall be entered into when payment for service is confirmed and the Company accepts an offer of contract.
Article 10 (Suspension and change of Paid Service)
- ① As for error or surplus in Partner’s payment, the Company shall make necessary refund.
- ② Refund of payment as a result of Partner’s fault will generally be conducted as follows.
- I. If Paid Service provided by the Company is one in which use or purchase of service is completed with a single use after payment, there will be no refund after use of the relevant service.
- II. However, as for service with unlimited period of use after completion of a single purchase, refund can only be made within 1 year after the date of purchase is completed, and the amount of such refund (purchase price divided by the number of days of use) will be governed by the Company’s internal policy
- III. As for the Company-provided Paid Service in which periodic monthly payment is made, since the date of payment is the date of service commencement, there will be no refund. However, if request for termination is made within 7 days of service commencement, there will be a refund except for the amount corresponding to the number of days of use (service).
- ③ As for service in which periodic monthly payment is made, unless Partner suspends use of the service and requests cancelation of the payment, automatic monthly payment will be made, and termination will become effective when the Company accepts Partner’s request for termination.
- ④ If periodic monthly payment for Paid Service is contracted or agreed to in the form of an agreement for the Company’s product, such agreement will prevail in the refund and monetary penalty may be imposed.
- ⑤ In the payment refund at the Company’s fault, the Company will refund to Member an amount corresponding to the number of remaining days of use and, additionally, 10% thereof. However, as for service with unlimited period of use after completion of a single purchase, refund can only be made within 1 year after the date of purchase is completed.
- ⑥ The Company’s fault for suspension of Paid Service refers to each of the following.
- I. “Service failure”, or where Paid Service could not be used at the Company’s fault although the Company-required minimum technical specifications were met
- II. Where normal use of service is impossible due to defect in Paid Service provided
- ⑦ Refund of payment will be made through such means of payment as used by Partner for use of relevant service in principle, but as for partial refund due to early termination of service or if refund through such means of payment is impossible, the Company will designate the method of refund.
- ⑧ In the refund for payment of Paid Service purchased through discount promotions, the amount of refund will be calculated based on regular price.
- ⑨ Partner shall comply with the Terms and the Company’s notices related to Paid Service, and will be responsible for all losses or damages resulting from violation of, or failure to perform, the foregoing. If Partner violates the Terms and policies and thus the Company restricts Partner from using Paid Service or terminates agreement, the Company will make no refund at all.
Article 11 (No assignment)
User may not assign or give to another person the right to use Integrated Service, contractual benefits, or other contractual status under the service agreement, in violation of which the Company will terminate the service agreement with User and there will be no refund.
Article 12 (Termination)
- ① User may at any time notify the Company of his/her termination of the service agreement and, unless there is a special reason, the Company shall immediately accept it. However, before the notice, User shall complete, withhold or cancel any pending procedures, and shall bear disadvantages resulting from the withholding or cancelation.
- ② Upon termination of the service agreement, the Company may cancel add-on benefits provided to User.
- ③ Where User terminates the service agreement at his/her free will but then wishes to use Integrated Service again, the service may only be used again if his/her intent is notified to the Company and the Company accepts it.
Article 13 (Protection and collection of PI)
Article 14 (Right-holder, and use of works)
- ① User may post, in the service, photos, (mobile) images, writings, information, or comments or suggestions on the product, Integrated Service or the Company, and intellectual property rights (“IPRs”) (including copyright) for such postings shall continue to belong to User.
- ② User shall grant global license to the Company so that User’s postings can be exposed in the individual sub-service included in Integrated Service and, to the extent necessary therefor, postings can be used in the manner of storage, reproduction, public transmission, display, distribution etc. The license shall be used to the extent necessary to operate, improve, and promote product and Integrated Service and develop new products and services.
- ③ Some individual sub-service may provide the method of accessing postings created by User or of revising or deleting the same.
- ④ If any posting posted or registered by User in Integrated Service is deemed obscene, violent or harmful, the Company may delete it or refuse to post it, and any liability therefrom will be borne by Member.
- ⑤ The Company has copyright for postings and all contents created, posted, or registered by it, and also has IPRs and other rights related to the hardware, software, images, videos, marks, logos, designs, service names, information, trademarks, etc. necessary to provide product and Integrated Service.
- ⑥ Unless expressly approved by the Company, User may not revise, lend, sell, distribute, manufacture, assign, sub-license, or commercially use all or part of the Company’s intellectual properties, and may not copy, edit or create derivative works, reverse-engineer, decompile, disassemble or otherwise extract the source codes of Integrated Service.
Article 15 (Data ownership, and related disputes)
- ① The Company shall have ownership for the information, documents, media data and bio-data on User, and also for User’s compiled data provided by customer in or through the service and the right to use such data.
- ② The Company may prepare and use statistical data on Member’s PI in connection with its operation, and to do that, may send cookies, emails, etc. to Member’s mobile (Android, iPhone) apps. Member may refuse the same, and the Company will not be responsible for disadvantages resulting from inability to use service as a result of Member’s refusal.
- ③ If User has entered into an agreement with the Company for use of Paid Service but has not made payment, he/she is restricted from using Integrated Service, and cannot access postings previously posted or prepared by him/her through Paid Service or his/her data and contents compiled in Integrated Service.
- ④ If data transmitted to the Company’s server in Integrated Service is deleted due to User’s negligence, the Company may not recover such data.
- ⑤ Where Partner distributes, to Member, data posted or prepared in Integrated Service under the service agreement with the Company, the Company is not related at all to disputes on ownership of or access to the data publicly transmitted to Member.
Article 16 (Provision of location-based service)
- ① In order to provide User with useful service, the Company may include location-based service in Integrated Service.
- ② The Company’s location-based service is one which, using User’s device or the Company’s product, receives location information from location information-collecting location information company (service provider) and provides the same to User, and is used for the following purposes.
- I. Provide vivid information by utilizing information on User’s present location or specific location
- II. Provide information by processing User’s present location or specific location in a form making it impossible to identify specific persons, for academic research or market survey
- III. Provide information and service, such as statistic data prepared by combining User’s bio-data with location information
- IV. Provide service which enables to share User’s location information with other Users or create postings related thereto
- ③ Under the Act on Protection and Use of Location Information, the Company shall, for 6 months or more, keep materials confirming the fact of using and providing personal location information and location information, and if User withdraws his/her consent to the use in whole or in part, shall promptly destroy such materials corresponding to the withdrawn part.
- ④ If, as a result of the Company’s use and provision of location information, User’s right is infringed or he/she needs to exercise his/her right, he/she may file for mediation before the Personal Information Dispute Mediation Committee under the Act on Protection and Use of Location Information (Article 28 Paragraph 2) and the Personal Information Protection Act (Article 43).
Article 17 (Obligations of the Company)
- ① In order to continuously and steadily provide equipment related to its service and security, the Company shall dutifully take measures such as maintenance, inspection and restoration.
- ② Without Member’s approval, the Company may not divulge or disseminate to a third party the former’s information obtained in connection with provision of service, nor use the same for commercial purposes.
- ④ When receiving User’s complaints related to service, the Company shall immediately handle the same, and if doing so is difficult, shall notify User of the reason and the timeline for the handling, through its phone, email, homepage, etc.
Article 18 (Obligations of Member)
- ① A person applying for membership shall accurately provide the Company-required information. Also, as Member, he/she shall maintain and update already-provided information so that it remains accurate, and may not let a third party use his/her information such as membership account and certification code.
- ② In using the Company’s product and Integrated Service, Member may not do any of the following.
- I. Unjustly use another Member’s account information
- II. Act intended for or related to a crime
- III. Insult or defame another person
- IV. Infringe on another person’s or the Company’s IPRs and other rights
- V. Continuously send advertising information, etc. against another person’s wishes
- VI. Use the Company’s Paid Service by using another person’s payment information without his/her permission
- VII. Post or disseminate information, photos, or (mobile) images against public order and good morals in content
- VIII. Post or email materials that include computer viruses or other computer codes, files, or programs devised to interfere with and destroy normal operation of the Company’s hardware, software, or telecommunications equipment
- IX. Collect, store, share, or transmit another User’s PI without consent
- X. Violate applicable laws, terms of Integrated Service provided by the Company, etc.
Article 19 (Damages and exemptions)
- ① When unable to provide service without its negligence as shown below, the Company is not responsible for User’s damages therefrom.
- I. When the Company is unable to provide service due to an act of God or other force majeure event
- II. When the Company is unable to provide service due to User’s fault
- III. When a third party interferes with transmission to or from the Company’s server, causing damages
- IV. When damages otherwise occur without the Company’s fault
- ② The Company has no obligation to represent opinions or information expressed in the integrated service, and does not approve, oppose or revise opinions expressed by User or a third party.
- ③ The Company does not have any liability for User’s profit or loss due to reliance on information contained in the product and Integrated Service.
- ④ The Company does not have any liability for physical or monetary transactions among Users or between User and a third party by way of product and Integrated Service, or for User’s loss of profit related to use of the product and Integrated Service.
- ⑤ Any liability arising from the Company’s or Member’s violation hereof shall be borne by the violating Party, and the resulting damages incurred by the other Party shall be borne by the former.
Article 20 (Dispute resolution)
- ① To reflect User’s opinions or complaints and compensate for his/her damages, the Company shall operate a customer center.
- ② Disputes arising in connection with use of the product and Integrated Service among Users or between User and a third party may be subjected to mediation by a dispute mediation institution appointed by the KFTC or a special/metropolitan city mayor or provincial governor, if User files for damages relief.
Article 21 (Jurisdiction and governing law)
Disputes arising in connection with use of the product and Integrated Service between the Company and User shall be governed by the laws of the Republic of Korea, and lawsuits related to such disputes shall be filed in a court of jurisdiction under the Civil Procedure Act.
The Terms shall be announced on 03/11/2020, and become effective on 03/11/2020.