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Service terms and conditions

Chapter 1. General provisions
Article 1 (Purpose)
These terms and conditions aims to stipulate terms and conditions of use, matters about feeds, and all the matters about the Gitple service (hereinafter referred to as the “service”) provided by the Gitple Inc. (hereinafter referred to as the “company”).

Article 2 (Effect and revision of the terms) ① These terms and conditions shall be posted on the service’s homepage (gitple.io), and shall take effect when the customer enters into the service agreement with the company.
② The company can revise these terms and conditions if it deems necessary, and can change and terminate all or part of the service as required by laws, government orders, directives, recommendations, court rulings, or changes of any related policies of the company and separate service providers. In this case, the company shall notify it using the method specified in Clause 1 of this Article from 7 days before the application date. If the terms and conditions will be revised against the users, it shall be notified with a grace period of more than 30 days.
③ Even though the company has announced that the customer will be deemed to express the intention to agree explicitly if the customer doesn’t express the intention to refuse until the due date, when the company announced the revised terms in accordance with the preceding paragraph, the customer will be deemed to agrees to the revised terms unless the customer expresses the intention to refuse explicitly.
④ If the customer doesn’t agree to the revised terms, the customer can terminate the service use contract.

Article 3 (Rules other than terms and conditions)
Unless otherwise stated in these terms and conditions, the company shall comply with the related laws and regulations, the separate terms and conditions, use regulations, and detailed use guidelines about the additional services provided by the company.

Article 4 (Definition of terms)
The following section describes the definition of the terms used in this agreement.
① Customer: An individual or legal entity that has applied for the service to the company to use the service and concluded a use contract with the company.
② Service: Chat consultation service. A cloud service that provides chat consultation on the homepage or App.
③ Charge payer: A person who is primarily responsible for paying the charges of the services provided according to these terms and conditions.
④ ID: A combination of letters and numbers selected by the customer and approved by the company to identify customers and provide the service to the customer.
⑤ Password: A combination of letters and numbers set by the customer to protect customer’s information ⑥ Spam e-mail: An unsolicited advertising e-mail for commercial purposes that is sent in large quantity against the unsubscribing intention of the recipient or without the consent of receipt.

Chapter 2 Service use contract
Article 5 (Establishment of the contract)
The service use contract is established when the customer who wants to use the service fills out and submits the application form or applies for the use of the service by agreeing to these terms and conditions after filling out the required input information in the online form according to the sign-on procedure of the service site (gitple.io) and the company accepts the application for use.

Article 6 (Application for use)
① The company shall notify the customer who wants to use the service of these terms and conditions, and process the use application by receiving the customer’s consent.
② The customer shall submit the following documents to the company directly or using the method approved by the company such as fax or online.
1. Service Application Form (prescribed form)
2. Business registration certificate of charge payer (copy of resident registration card in case of an individual)
③ If the applicant is a minor or quasi-incompetent, the applicant shall apply for the service contract under the name of the parent or legal representative with their consent.
④ The customer who applied for service use using other’s name illegally will be suspended from using the service and may be punished according to related laws and regulations.

Article 7 (Approval of application for use)
① The company shall approve of using the service by the applicant according to the order of receipt, unless there are special reasons for business or technical reasons.
② After accepting the application for use, the company will notify the service use applicant of the following information within three days by telephone, e-mail, etc.
1. Service start date
2. Matters concerning the charges, etc.
3. Matters concerning customer’s rights protection and obligations
4. Any matters deemed important or necessary for the use of other services
③ Notwithstanding Paragraph 2 of this Article, if the customer can apply for the service and the company can start service using the web site, the company can skip notification after accepting the service use application and notify the completion of service opening and customer’s unique number after opening the service.

Article 8 (Limitation of acceptance of the service use application)
① The company may refuse to approve the application for use in the following cases.
1. If the applicant has not used the real name or used other’s name for application.
2. If the false customer information has been provided.
3. If the delayed information is registered in the credit information concentration center like the Bankers Association
4. If there is a concern about an offense against the law, public good and order, and public morals.
5. If illegal methods were used for the service such as the use of malicious programs or bugs, or the exploitation of system vulnerabilities.
6. If the applicant intends to use the service for illegal purposes.
7. If a minor has applied for services without the consent of the parent or legal representative
8. If the use application was rejected previously under this agreement, except that the application is approved again through company review.
9 If there is difficulty in accepting the application due to the reasons imputable to the applicant.
② The company may postpone approving the application for use in the following cases.
1. In case of equipment failure due to natural disasters.
2. When it is deemed difficult for the company to maintain overall service quality if the service is provided.
3. If the customer didn’t pay the bill.
4. There is no room for equipment to provide the service or it is difficult to provide the service due to technical reasons.
5. If there is any concern about harmful elements or damage to company’s operation or business.
6. If there is a possibility of distributing and exhibiting the obscene material or information to serve the interest of the enemy, or the copyright of the other person is violated or can be violated. If the customer applies for or changes service use on the day of service termination or change.
8. If the company has difficulty in approving the use application due to due to the circumstances of the company.
③ The company may withdraw use approval if any reasons specified in Paragraph 1 of this Article are found after the use contract is established.
④ If use approval is refused, postponed, or withdrawn in accordance with Paragraphs 1, 2, and 3 of this Article, the company shall immediately notify the applicant using the contact information specified by the applicant. If notification cannot be made due to an inaccurate contact because the applicant provided the wrong information, the company is not responsible for it and the applicant has an obligation to check it through inquiries.

Article 9 (Change of the contract)
The customer shall promptly notify the company by submitting the contract change application form or modifying the information and submitting it online in case of any of the following cases.
1. Changes in the name, address, or contact details of the customer and charge payer.
2. Change in the business registration number of the customer and legal entity and personal information in the application form.
3. Changes in service contents (contract type, contract period, etc.)
4. Change in the payment method

Article 10 (Renewal of the contract)
The company and the customer may agree to set the term of the service use agreement. If the customer does not express the intention to terminate the use agreement before the expiration of the term of the agreement, it will be assumed that the use contract has been renewed under the same conditions as the existing use contract.

Article 11 (Succession of the customer’s status)
If the customer wants to succeed to these service use rights due to inheritance, merger, split, business transfer, or other reasons deemed necessary by the company shall apply to the company by attaching related documents that can prove succession of the use right, together with the copy of the business registration certificate.

Article 12 (Termination of the contract and notification)
① If the customer wants to terminate the contract, the customer shall submit the cancellation application form to the company in person at least 3 days before the desired cancellation date online, or fax or e-mail. However, the company may request contract termination documents to confirm the termination requirement of the customer before deleting the customer’s information and data from the system based on the customer’s termination demand.
② The company may terminate the contract by official authority in the following cases.
1. If the customer used other’s name or attached a false document.
2. If the customer hided the breach of the agreement by refusing or obstructing the confirmation of the real use condition without a good cause.
3. If the customer has not removed the cause of use suspension within one month from the beginning of the suspension.
4. If the customer has not requested the resumption of the service within one month from the expiration of service suspension.
5. If the customer infringes the intellectual property rights of the company, other customers, or third parties
6. If the customer caused a serious obstacle to the operation of the system or intentionally interferes with it.
7. If the customer violated the customer s obligations stipulated in these terms and condition, such as Article 23.
8. If the customer uses other user’s personal information illegally, such as the ID and confidential information.
9. If the customer uses, accesses, copies, distributes, or installs the program provided as a part of the service for other purposes.
10. If the customer copies, distributes, or commercially uses the information and materials obtained by using the service information without the prior consent of the company.
11. If the customer violates related laws such as telecommunication related laws and regulations. 12. If the customer doesn’t solve payment default within 5 days after service suspension due to customer’s service charge delinquency.
13. If the service use of the customer has been restricted or suspended more than 2 times in the year.
14. If the customer violates the use terms stipulated by these terms and condition, and company.
③ If the company intends to terminate the contract pursuant to this Article, the company shall notify the customer of contract termination no later than 7 days before termination. If the customer fails to notify due to inaccurate contact information caused by incorrect information provision by the customer, the company shall be deemed to have fulfilled the company’s obligation of termination notification by posting it on the service site (gitple.io) for 14 days.
④ If the use contract is terminated pursuant to Paragraphs 1 and 2 of this Article, all resources allocated to the customer’s system shall be collected and all customer information and data stored in the system shall be deleted. The customer cannot raise a claim against damages caused by this.
⑤ If the customer fails to state his opinion about notification made according to Paragraph 3 of this Article until 3 days before termination, the customer shall be deemed to have no objection to termination.

Chapter 3. Service opening and use
Article 14 (Opening of the service)
① The company shall open the service on the scheduled date as specified in Article 7.2 under ordinary conditions. If the company fails to open the service on the notified service opening date, the company shall notify the customer of the reason and new opening schedule date in writing (e-mail) or over the phone (SMS).
② If the service applicant wants to postpone the opening of the service, the applicant shall notify the company 2 days before the scheduled opening date.
③ The company shall notify the customer of service opening completion after ensuring that the service applicant can use the service normally.

Article 15 (Use of the service)
① The customer can use the service from the time when approved by the company. As a rule, the service shall be available 24 hours a day for 365 days a year under ordinary conditions
② However, the service use time specified in Paragraph 1 doesn’t apply to the date or time when the service is not provided according to the agreement between the company and customer, or decision by company for regular inspection or other reasons.

Article 16 (Customer ID management)
① In principle, the customer ID cannot be changed. If the ID must be changed due to unavoidable reasons, the ID in question shall be canceled and signed up again.
② The customer has the responsibility for managing and using the customer’s ID and password. The customer is also responsible for all disadvantages caused by negligence in use or misuse by a third party, which occurs due to the ID and password notified to the customer.
Article 17 (Restrictions or suspension of service use
① If the company has difficulty in providing the service due to a national emergency, service facility failure, explosive increase of the service, or service failure of the infrastructure communication service provider, the company may limit or suspend all or part of the service.
② The company may limit or suspend all or part of service use if the customer’s use of the service falls under any of the followings, and may terminate the service use contract if the situation is not improved continuously after that.
1. If the customer fails to fulfill customer’s obligations under Article 23.
2. If the customer provides or receives the material that violates domestic laws during chat consultation.
3. If the customer discloses or provides the information that goes against the policies related to service operation, which is announced on the service site.
4. If it seems difficult to maintain the service use contract due to customer’s bankruptcy, insolvency, regeneration application, application for preservation, or seizure or provisional seizure of customer’s major property.
5. If the customer infringed the intellectual property rights of the company, other customers, or third parties.
6. If the external organization (e.g., information and communication ethics committee) has requested correction or the authoritative interpretation of the National Election Commission was received with regard to illegal election campaign.
7. If the customer illegally used other’s ID and password, and legal entity or personal information.
8. If the customer causes serious interruption in operation or network security or deliberately infiltrates or interferes.
9. If the customer resells, shares (including access to or use of the service or system), or distributes the service or part of the service to the third party without company’s approval.
10. If the customer delayed use charge payment more than 30 days.
11. If the customer violates the use conditions set by the company, including other applicable laws and regulations and these terms and conditions.

Article 18 (Use limitation and suspension procedure and release method)
① If the company intends to limit or suspend the use of the website pursuant to the provision of Article 17, the company shall determine the reason, date, and period, and notify the customer or his representative 24 hours in advance. However, this shall not apply if it is recognized that service use shall be restricted or suspended urgently.
② The customer who received notice of restriction or suspension of use pursuant to Clause 1 of this Article may file a complaint. Then, the company may temporarily postpone the limitation or suspension of use until the claim application can be checked.
③ If the company confirms that the reason for use limitation or suspension is resolved during the use restriction or suspension period, the company shall immediately cancel the use restriction and suspension and notify the customer in question.
④ When the service is suspended due to suspension of use, the company may collect the service account (or system) assigned to the customer. As the service account is collected 3 days after the suspension of use at the company’s own discretion, the customer cannot claim compensation for damages incurred to the customer.

Article 19 (Suspension of service use)
If company cannot provide the service due to unavoidable reasons such as system improvement work, equipment increases, periodical inspection, and facility management and operation, the company may notify the customer and suspend the use of the service. If the reasons are resolved, the company shall enable the customer to use the service immediately.

Chapter 4. Service maintenance and troubleshooting
Article 20 (Maintenance and repair of equipment such as servers)
① The company is responsible for maintaining equipment (e.g., servers) required to provide the service to the customer all the time at an appropriate level for customer use.
② The customer shall take necessary measures (patch work, security measures, etc.) for system security.

Article 21 (Emergency situation in security)
① In case of any program defects or failure that are serious and urgent for security, or if a similar incident occurs, the company may apply patches to the relevant part of the customer collectively.
② If an incident is serious and urgent in terms of security, the company may change the information related to customer certification in an emergency.
③ Before responding to the emergency situation specified in Paragraphs 1 and 2 of this Article, the company shall notify the customer through notification or e-mail. If the situation is so urgent that it is difficult to notify, the company shall notify the customer through notification or e-mail after the action has been taken.

Chapter 5 Obligations of the contracting party
Article 22 (Obligations of the company)
① The company shall enable the customer to use the service on the desired service opening date or within the period designated by the customer, unless there is a good reason. The company is responsible for providing the service continuously and stably. However, if it is impossible to open the service on the desired opening date, the customer shall be notified by phone, e-mail, postal mail, etc. prior to the desired opening date.
② The company shall not disclose or distribute the customer information acquired in connection with service provision under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., without prior consent of the customer, and shall not use the customer information for commercial purposes. However, exceptions apply if requested by the related authority for the purpose of the investigation pursuant to related laws or requested by the information and communication ethics committee, if the information is provided to the credit information providers or credit information concentration center with the consent of the customer because the customer has delayed payment for the period specified by the company.
③ The company shall make efforts to provide convenience to the customer with regard to the procedure and contents related to the agreement with the customer, such as the conclusion of the use agreement, and change and cancellation of the agreement details.
④ The company shall immediately deal with any opinions or complaints raised by the customer if it is found to be justifiable. However, if it is difficult to process those opinions and complaints immediately, the company shall notify the reason and processing schedule by e-mail, bulletin board, or telephone.

Article 23 (Obligations of the customer)
① The customer shall comply with the provisions of these terms and conditions and relevant laws and regulations, and shall not act in any way that would cause a significant impact on the company’s business performance.
② The customer is responsible for pay the fees set forth in these terms and conditions in return for the service in cooperation with the charge payer on the designated date.
③ The customer is fully responsible for all problems caused by delinquency of the service charge. However, the customer shall not be responsible for the reason recognized by the company.
④ The customer shall protect customer’s information from virus programs or illegal intrusion from the outside using the account used by the customer.
⑤ The customer shall immediately notify the company when the contract details are changed such as the address, contact number, business registration number, etc. The customer shall be responsible for the disadvantage caused by neglecting this requirement.
⑥ The customer can proceed with the matter that can be conducted by their own intention without approval of the company, such as transferring the account or domain to other companies. However, if the customer fails to fulfill the customer’s obligations set forth in these terms and conditions such as delinquency of installation cost and usage fee, or taking out the solution or service provided by the company, company approval is required.
⑦ The customer shall be responsible for the management and retention of the customer information and data related to the service. For this, the customer shall use their own encryption methods for their information and data according to their needs, back up their information and data periodically in a separate and independent repository, and always apply the latest security patches or updates.
⑧ If the customer provides a separate service to another customer or a third party, and any dispute arises from the information and data (e.g., data file, document text, computer software, music, audio file, or any other sound, photograph, video, or image) related to such a separate service, the customer who provides the service or the person who originated such information shall be responsible. If a claim is raised against the company due to certain information or data, the customer must indemnify the company.

Chapter 6. Service use fee
Article 24 (Types of the use charge)
① The customer shall pay the following charges in connection with service use.
1. Initial cost (opening fee, Installation fee, transfer fee, etc.): This fee is charged only once when signing up the service. The fee is used to build an environment needed to provide the service, and can be charge through consultation with the customer.
2. Monthly charge: The use fee that the customer shall pay every month when using the service.
② Details of the fee and changes will be posted on the service site.

Article 25 (Calculation method of the use fee)
① The service charge shall be calculated for a month – from the 1st of each month to the end of the month.
② If the service opening date and change date are in the middle of the month in question, the service charge will be calculated as the number of days used for the month. However, if the service is designated as a 1-month compulsory use service, the use fee amounting to the one month charge will be imposed even though the service was used less than one month.
③ If the customer uses a usage-based pricing model, the use fee shall be calculated in hours including the termination time. In case of user hours less than 1 hour, 1 hour will be calculated.
④ The charge for the service suspension period shall follow the provisions of Article 18 of these terms and conditions.
⑤ VAT is excluded from all charges.

Article 26 (Request for use fee payment)
① The company shall send the invoice for payment of the service use fee to the charge payer by the beginning of the next service use month, and the charge payer shall pay the charge within two weeks from the invoice issue date. The customer shall register a means (credit card) of use fee payment in the service systemhttps://gitple.io), and the company receives the fee using the registered means. However, if there is a separate contract between the company and the customer, the fee shall be charged and paid according to the contract concerned.
② If the customer (charge payer) is a government agency, local government, or foreign government agency, or recognized by the company, the central payment method can be used (paying in a lump sum by the top-level agency or main office).
③ If the customer deposits the use fee using other’s name, the customer has an obligation to notify the company. The customer shall be responsible for service interruption or disadvantage that is caused by not notifying the fact that payment has been made in the name of another person.

Article 27 (Obligation to pay the use fee)
① Upon receipt of the payment request, The charge payer shall pay the fee using the method specified by the company by the company-specified payment date.
② As a rule, the customer who uses the service (concluded the contract) shall be responsible for paying the fee.

Article 28 (Formal objection against the fee)
① If the charge payer has an objection to the invoice amount, the charge payer can raise a formal objection within 3 days (months).
② The company shall notify the customer of the processing result within 10 days after the receipt of the objection pursuant to Paragraph 1 of this Article. If it cannot be processed within the period due to unavoidable reasons, the company shall specify the processing period again and notify the charge payer or customer.

Article 29 (Reduction and discount of the fee)
① The company may deduct or discount a portion of the initial charge or monthly charge for separately negotiated customers or resellers. In this case, the application method shall be decided by discussion between the company and customer.
② The person eligible for charge reduction and discount shall be notified to the company if their qualification is changed.
③ If it is found that a person who is not eligible for reduction or discount have received reduction or discount, the reduced or discounted amount shall be collected.

Article 30 (Collection of delinquent fee)
① If the charge payer is in arrears, the company can make peremptory notice of payment as soon as the delinquent payment occurs. In this case, the company can issue a reminder and specify the due date again.
(2) The peremptory notice of payment under Paragraph (1) of this Article shall be less than 6 months from the date of the first payment date. Otherwise, disposition for failure to pay shall not be performed. However, this does not apply if payment delay was caused by natural disasters, customers, or charge payer.
③ If the charge payer doesn’t pay the charge in time, the company shall collect the amount equivalent to two-hundredths (based on the month) of the delinquent amount on top of the delinquent charge, based on the day after the first payment date.

Article 31 (Collection of the evaded charge)
If the charge payer evaded the charge in violation of related laws and regulations or terms and conditions, the company shall collect the amount equivalent to twice the deducted rate.

Article 32 (Return of the charge)
① The company shall return the charge or settle the amount in the next billing if the charge payer has over-paid or paid incorrectly.
② If there is a charge to be returned by the Paragraph 1 of this Article and charge payer didn’t pay the charge, the company shall deduct the delinquent fee from the charge to refund first.

Chapter 7. Compensation for damages
Article 33 (Scope of compensation for damages)
① If the company fails to achieve the monthly availability rate (defined below) due to the reasons imputable to the company, or if the customer suffered from damage due to service failure, compensation for damages shall be made in accordance with the provisions of Paragraph 2 of this Article only when the customer claim damages.
* Shutdown time: Measures the time from when the customer notifies the company of service unavailability (when the company becomes aware of such fact before the customer notifies it, if the company already knows it) to the time when the company completes the failure recovery measure by solving the failure situation. (If the company completes recovery actions but shutdown continues due to customer’s delay in taking additional actions, such delay time will not be included in the shutdown time.)
② Estimating the amount of damage compensation
* Monthly availability rate (%) = 100 * [1 – {sum of hours (minutes) that the service failed due to reasons attributable to the company for one month of service use/one month of service use (minutes)}]
* Criteria of estimating the compensation for damages amount: Average monthly charge of the last 3 months of the customer (apply the period in question if the period is less than 3 months)

Available rate criteria Compensation for damages
99.5% ~ 99.9% availability 10% of the use charge
99.0% ~ 99.5% availability 20% of the use charge
Under 99.0% availability 30% of the use charge

③ If the service failure was caused by any of the followings, the company shall not compensate the customer for damages.
1. If service failed due to defective devices, equipment, or lines purchased by the customer.
2. In case of force majeure such as war, incident, natural disaster or similar national emergency, nationwide or local accident, power outage, network failure, etc.
3. If failure occurred due to reason imputable to the customer or third party, or the customer information or data have been lost.
4. If there is an unavoidable reason due to the characteristics of the telecommunication service.
5. If the service was stopped to prevent the spread of the incident that has occurred in the customer’s information system.
6. If failure was caused by the service provided by another communication service provider.
7. If it was notified in advance that service inspection is inevitable or regular inspection is needed.
8. If the infringement incident has occurred due to the careless system security management of the service user.
9. If the service was stopped to prevent the spread of the incident that has occurred in the system of the customer who uses the service.
10. If the service fails due to an external factor caused by illegal intrusion from the outside.
11. If the service was stopped to prevent the spread of the incident that has occurred in the user’s information system.
12. If the customer used the free of charge service provided by the company
④ The company’s liability for damages caused by service failure, suspension, etc., shall be limited to damages under Clause 2 of this Article and there shall be no liability for any additional costs incurred to the customer or loss of expected profit.

Article 34 (Claim for damages)
① When the customer claims for damages to the company, the customer shall specify the reason of the claim, claim amount, and basis of calculation in writing.
② Regarding the claim for damages under Paragraph (1) of this Article, the right of claim shall cease to exist if it is not exercise within 6 months from the date of such damages.

Article 35 (Claim for damage to the customer)
If the company compensates a third party for damages because the customer has violated the provisions of these terms and conditions, or if the customer has caused a loss for the company, the company may claim damages (all expenses such as attorneys’ fees) against the customer in question.

Article 36 (Unusual matters)
① If a special agreement is required for the service not included in these terms and conditions, the company and the customer can provide and use the service by creating and signing a separate individual use agreement.
② In the event of a dispute between the company and the customer regarding these terms and conditions and use of the service, the company and the customer shall endeavor to resolve it through a mutual agreement. However, if the dispute cannot be resolved, the dispute shall be resolved by designating the court of the company’s head office as the court of competent jurisdiction.

<Supplementary provisions>
Article 1 (Enforcement date)
These terms and conditions shall take effect from November 1, 2017.