Chapter 1. General provisions
\nArticle 1 (Purpose)
\nThese terms and conditions aims to stipulate terms and conditions of use, matters about feeds, and all the matters about the Gitple Chat (a.k.a Gitple) service (hereinafter referred to as the “service”) provided by the Gitple Inc. (hereinafter referred to as the “company”).<\/p>\n
Article 2 (Effect and revision of the terms) \u2460 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.
\n\u2461 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.
\n\u2462 Even though the company has announced that the customer will be deemed to express the intention to agree explicitly if the customer doesn\u2019t 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.
\n\u2463 If the customer doesn\u2019t agree to the revised terms, the customer can terminate the service use contract.<\/p>\n
Article 3 (Rules other than terms and conditions)
\nUnless 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.<\/p>\n
Article 4 (Definition of terms)
\nThe following section describes the definition of the terms used in this agreement.
\n\u2460 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.
\n\u2461 Service: Chat consultation service. A cloud service that provides chat consultation on the homepage or App.
\n\u2462 Charge payer: A person who is primarily responsible for paying the charges of the services provided according to these terms and conditions.
\n\u2463 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.
\n\u2464 Password: A combination of letters and numbers set by the customer to protect customer’s information \u2465 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.<\/p>\n
Chapter 2 Service use contract
\nArticle 5 (Establishment of the contract)
\nThe 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.<\/p>\n
Article 6 (Application for use)
\n\u2460 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\u2019s consent.
\n\u2461 The customer shall submit the following documents to the company directly or using the method approved by the company such as fax or online.
\n1. Service Application Form (prescribed form)
\n2. Business registration certificate of charge payer (copy of resident registration card in case of an individual)
\n\u2462 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.
\n\u2463 The customer who applied for service use using other\u2019s name illegally will be suspended from using the service and may be punished according to related laws and regulations.<\/p>\n
Article 7 (Approval of application for use)
\n\u2460 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.
\n\u2461 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.
\n1. Service start date
\n2. Matters concerning the charges, etc.
\n3. Matters concerning customer’s rights protection and obligations
\n4. Any matters deemed important or necessary for the use of other services
\n\u2462 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.<\/p>\n
Article 8 (Limitation of acceptance of the service use application)
\n\u2460 The company may refuse to approve the application for use in the following cases.
\n1. If the applicant has not used the real name or used other\u2019s name for application.
\n2. If the false customer information has been provided.
\n3. If the delayed information is registered in the credit information concentration center like the Bankers Association
\n4. If there is a concern about an offense against the law, public good and order, and public morals.
\n5. If illegal methods were used for the service such as the use of malicious programs or bugs, or the exploitation of system vulnerabilities.
\n6. If the applicant intends to use the service for illegal purposes.
\n7. If a minor has applied for services without the consent of the parent or legal representative
\n8. If the use application was rejected previously under this agreement, except that the application is approved again through company review.
\n9 If there is difficulty in accepting the application due to the reasons imputable to the applicant.
\n\u2461 The company may postpone approving the application for use in the following cases.
\n1. In case of equipment failure due to natural disasters.
\n2. When it is deemed difficult for the company to maintain overall service quality if the service is provided.
\n3. If the customer didn\u2019t pay the bill.
\n4. There is no room for equipment to provide the service or it is difficult to provide the service due to technical reasons.
\n5. If there is any concern about harmful elements or damage to company\u2019s operation or business.
\n6. 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.
\n8. If the company has difficulty in approving the use application due to due to the circumstances of the company.
\n\u2462 The company may withdraw use approval if any reasons specified in Paragraph 1 of this Article are found after the use contract is established.
\n\u2463 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.<\/p>\n
Article 9 (Change of the contract)
\nThe 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.
\n1. Changes in the name, address, or contact details of the customer and charge payer.
\n2. Change in the business registration number of the customer and legal entity and personal information in the application form.
\n3. Changes in service contents (contract type, contract period, etc.)
\n4. Change in the payment method<\/p>\n
Article 10 (Renewal of the contract)
\nThe 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.<\/p>\n
Article 11 (Succession of the customer’s status)
\nIf 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.<\/p>\n
Article 12 (Termination of the contract and notification)
\n\u2460 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.
\n\u2461 The company may terminate the contract by official authority in the following cases.
\n1. If the customer used other\u2019s name or attached a false document.
\n2. If the customer hided the breach of the agreement by refusing or obstructing the confirmation of the real use condition without a good cause.
\n3. If the customer has not removed the cause of use suspension within one month from the beginning of the suspension.
\n4. If the customer has not requested the resumption of the service within one month from the expiration of service suspension.
\n5. If the customer infringes the intellectual property rights of the company, other customers, or third parties
\n6. If the customer caused a serious obstacle to the operation of the system or intentionally interferes with it.
\n7. If the customer violated the customer s obligations stipulated in these terms and condition, such as Article 23.
\n8. If the customer uses other user\u2019s personal information illegally, such as the ID and confidential information.
\n9. If the customer uses, accesses, copies, distributes, or installs the program provided as a part of the service for other purposes.
\n10. 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.
\n11. If the customer violates related laws such as telecommunication related laws and regulations. 12. If the customer doesn\u2019t solve payment default within 5 days after service suspension due to customer’s service charge delinquency.
\n13. If the service use of the customer has been restricted or suspended more than 2 times in the year.
\n14. If the customer violates the use terms stipulated by these terms and condition, and company.
\n\u2462 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.
\n\u2463 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.
\n\u2464 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.<\/p>\n
Chapter 3. Service opening and use
\nArticle 14 (Opening of the service)
\n\u2460 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).
\n\u2461 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.
\n\u2462 The company shall notify the customer of service opening completion after ensuring that the service applicant can use the service normally.<\/p>\n
Article 15 (Use of the service)
\n\u2460 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
\n\u2461 However, the service use time specified in Paragraph 1 doesn\u2019t 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.<\/p>\n
Article 16 (Customer ID management)
\n\u2460 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.
\n\u2461 The customer has the responsibility for managing and using the customer\u2019s 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.
\nArticle 17 (Restrictions or suspension of service use
\n\u2460 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.
\n\u2461 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.
\n1. If the customer fails to fulfill customer’s obligations under Article 23.
\n2. If the customer provides or receives the material that violates domestic laws during chat consultation.
\n3. If the customer discloses or provides the information that goes against the policies related to service operation, which is announced on the service site.
\n4. If it seems difficult to maintain the service use contract due to customer\u2019s bankruptcy, insolvency, regeneration application, application for preservation, or seizure or provisional seizure of customer\u2019s major property.
\n5. If the customer infringed the intellectual property rights of the company, other customers, or third parties.
\n6. 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.
\n7. If the customer illegally used other\u2019s ID and password, and legal entity or personal information.
\n8. If the customer causes serious interruption in operation or network security or deliberately infiltrates or interferes.
\n9. 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\u2019s approval.
\n10. If the customer delayed use charge payment more than 30 days.
\n11. If the customer violates the use conditions set by the company, including other applicable laws and regulations and these terms and conditions.<\/p>\n
Article 18 (Use limitation and suspension procedure and release method)
\n\u2460 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.
\n\u2461 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.
\n\u2462 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.
\n\u2463 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\u2019s own discretion, the customer cannot claim compensation for damages incurred to the customer.<\/p>\n
Article 19 (Suspension of service use)
\nIf 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.<\/p>\n
Chapter 4. Service maintenance and troubleshooting
\nArticle 20 (Maintenance and repair of equipment such as servers)
\n\u2460 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.
\n\u2461 The customer shall take necessary measures (patch work, security measures, etc.) for system security.<\/p>\n
Article 21 (Emergency situation in security)
\n\u2460 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.
\n\u2461 If an incident is serious and urgent in terms of security, the company may change the information related to customer certification in an emergency.
\n\u2462 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.<\/p>\n
Chapter 5 Obligations of the contracting party
\nArticle 22 (Obligations of the company)
\n\u2460 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.
\n\u2461 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.
\n\u2462 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.
\n\u2463 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.<\/p>\n
Article 23 (Obligations of the customer)
\n\u2460 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.
\n\u2461 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.
\n\u2462 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.
\n\u2463 The customer shall protect customer’s information from virus programs or illegal intrusion from the outside using the account used by the customer.
\n\u2464 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.
\n\u2465 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.
\n\u2466 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.
\n\u2467 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.<\/p>\n
Chapter 6. Service use fee
\nArticle 24 (Types of the use charge)
\n\u2460 The customer shall pay the following charges in connection with service use.
\n1. 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.
\n2. Monthly charge: The use fee that the customer shall pay every month when using the service.
\n\u2461 Details of the fee and changes will be posted on the service site.<\/p>\n
Article 25 (Calculation method of the use fee)
\n\u2460 The service charge shall be calculated for a month – from the 1st of each month to the end of the month.
\n\u2461 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.
\n\u2462 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.
\n\u2463 The charge for the service suspension period shall follow the provisions of Article 18 of these terms and conditions.
\n\u2464 VAT is excluded from all charges.<\/p>\n
Article 26 (Request for use fee payment)
\n\u2460 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 system, 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.
\n\u2461 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).
\n\u2462 If the customer deposits the use fee using other\u2019s 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.<\/p>\n
Article 27 (Obligation to pay the use fee)
\n\u2460 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.
\n\u2461 As a rule, the customer who uses the service (concluded the contract) shall be responsible for paying the fee.<\/p>\n
Article 28 (Formal objection against the fee)
\n\u2460 If the charge payer has an objection to the invoice amount, the charge payer can raise a formal objection within 3 days (months).
\n\u2461 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.<\/p>\n
Article 29 (Reduction and discount of the fee)
\n\u2460 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.
\n\u2461 The person eligible for charge reduction and discount shall be notified to the company if their qualification is changed.
\n\u2462 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.<\/p>\n
Article 30 (Collection of delinquent fee)
\n\u2460 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.
\n(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.
\n\u2462 If the charge payer doesn\u2019t 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.<\/p>\n
Article 31 (Collection of the evaded charge)
\nIf 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.<\/p>\n
Article 32 (Return of the charge)
\n\u2460 The company shall return the charge or settle the amount in the next billing if the charge payer has over-paid or paid incorrectly.
\n\u2461 If there is a charge to be returned by the Paragraph 1 of this Article and charge payer didn\u2019t pay the charge, the company shall deduct the delinquent fee from the charge to refund first.<\/p>\n
Chapter 7. Compensation for damages
\nArticle 33 (Scope of compensation for damages)
\n\u2460 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.
\n* 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\u2019s delay in taking additional actions, such delay time will not be included in the shutdown time.)
\n\u2461 Estimating the amount of damage compensation
\n* 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)}]
\n* 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)<\/p>\n