Terms of Use (effective 7 Dec, 2023)

ActionPower Corp. daglo Service Terms of Use

Chapter 1. General Terms

1. These Terms shall be published in relevant pages of the daglo service, along with the the Company’s name, location of the sales office, name of the representative, business registration number, contact information (phone, fax, e-mail address, etc.), for Members to see.

2. The Company, if deemed necessary, can modify these Terms within the scope not violating relevant laws. If the Company modifies these Terms, the amended contents shall be announced or notified by at least fifteen (15) days prior to the effective date. If the foregoing modification unavoidably operates to the Member’s disadvantage, the Company shall give notice by at least thirty (30) days prior to the effective date.

3. Unless the Member explicitly refuse to accept the aforementioned modification by the effective date, the Company shall presume consent thereto. If the Member does not agree to the amended Terms, the said Member may terminate the Service Agreement.

1. While these Terms apply by default, the Company may apply additional or individual terms and conditions or operation policies to certain services if deemed necessary.

2. Any matters that are not prescribed in these Terms shall be subject to the relevant laws and regulations.

1. If the Company needs to send notifications to the Member, they will be sent to the email address entered upon Service registration.

2. If the Company needs to notify all Customers, the Company may make an announcement on the Service service page or app, instead of the method specified in Paragraph 1. However, this paragraph shall not apply to any notification of a change that affects the Customer’s rights and obligations in a disadvantageous way.

3. The Member must keep contact information (e.g., email address, mobile phone number, and landline phone number) up to date at all times, so that Company notifications can be received. The Company will not be held responsible for any disadvantages caused by failure to update the contact information.

1. The Terms used in herein shall be defined as follows:
1) “daglo” refers to a virtual shop established by the Company to provide Service(s) for converting audio or video data into text. It also refers to the service operator.
2) “Member” refers to an individual or a corporation who registered membership to use the Service(s), by providing personal information to the Company and agreeing to these Terms.
3) “ID” refers to the e-mail address selected by the Member and approved by the Company for the purpose of identifying the Member using the Service.
4) “Password” refers to a combination letters and numbers chosen by the Member for the purpose of securing access to his/her account.
5) “Records” refers to records created during a Member in using the Service, including all audio and video data submitted by the Member, text data obtained by transcribing and analyzing such input, and input made by the Member on Notes.
6) “Call Records” refers to voice file created by a Member by recording and storing calls made on a smartphone. Call Records must be recorded by a participant of the conversation.
 

Chapter 2. Use of the Service

1. The Services provided by the Company are as follows.
1) Converting audio and video data into text
2) Playing back audio and video data and editing scripts
4) Recording and analyzing data
3) Storing and managing data
5) Other duties defined by the Company

2. The Company can modify the contents of the Service, provided it gives prior notice through relevant pages.

3. The Company can break down the Service and set different provision hours for each of the sub-Services, provided it gives prior notice through relevant pages.

1. A Service Usage Agreement (the “Agreement”) shall be formed when an applicant (the "Applicant") applies for use of the Service by agreeing to the Terms, and the Company approves such application.

2. In approving any application, the Company may request verification of the Applicant’s real name or identity through an authorized agency.

3. The Company shall, in principle, approve Applicant's use of the Service. However, the Company may withhold or refuse its approval, if a case falls under any of the following sub-paragraphs:
1) If the Applicant has previously lost his/her membership in accordance with the Terms. Provided, he/she has not obtained the Company’s approval of re-application.
2) If the Applicant uses a third party’s name, email address or personal information
3) If the Applicant provides false information or does not submit any information requested by the Company
4) If the Applicant is under 14 years of age, and he/she has not obtained consent from the legal representative (parents, etc.)
5) If there are limitations in Service-related facilities, or if there are technical or business issues in providing the Service
5) If the Applicant violates relevant laws and regulations or Guiding Principles set forth by the Company.

4. If the application is not accepted for reasons specified in Paragraph 3, the Company will notify the affected Applicant.

5. The Company can classify Members according to Company policy and limit the Service usage time, frequency, etc. or provide different sub-services based on such classification.

6. The Company can restrict the Member’s use of the Service to comply with ratings and age under the "Act on Promotion of Movies and Videos" or "Youth Protection Act".

1. The Service period commences on date of application to the Service to the termination date of the Service Agreement.

2. The Company exerts every effort in providing the Service 24/7/365. If a case falls under any of the following sub-paragraphs, the Company may temporarily suspend all or part of the Service.
1) Regular or provisional check for equipment maintenance
2) Service disruption due to blackout, equipment failure, or traffic overload
3) Natural disaster, national emergency, or other force majeure events

3. Suspension of the Service that is due to any of the foregoing reasons shall be notified or announced in the method prescribed in these Terms. However, prior notifications and announcements cannot be provided if the Service is suspended for reasons the Company is unable to predict or control.

1. Company may charge a fee for access the Service, in whole or in part. Any applicable fees and other charges for fee-based Services are payable in advance.

2. Company’s paid services include subscriptions and individual purchases. Detailed information is explained thoroughly through the product information page.

3. Payment methods provided by the Company may include credit card payment, third-party payments such as app stores, and etc.

4. The Company can request for additional personal information required to process the Member’s payment, and he/she must provide such information in a precise and timely manner. The Company is not responsible for any loss suffered as a result of incorrect payment information provided by the Member.

5. The Company can request additional verification on the Member's payment method. Without verification, the affected transaction may by suspended or cancelled.

6. A Member’s subscription to the Service includes enrollment into an ongoing/recurring payment plan. Subscription will be automatically renewed at the end of the disclosed billing period, Payment will be charged to the Member’s chosen payment method and at the start of every billing period, unless timely cancelled in accordance with the instructions for cancellations.

7. A Member may cancel his/her subscription to the Service at any time. Such cancellation will take effect at the end of the current billing period (or at the end of your free trial, if applicable) and the Member will be able to use the paid Services until then.

8. Except for cancellations set forth in Paragraph 8, or refund obligations resulting from causes attributable to the Company, no refunds or credits are provided for the period or the Services (whole or in part) the Member has not used.

9. If a Member cancels his/her subscription to the Service within 7 calendar days from initial payment, and has no record of using transcription services, he/she may request a full refund.

10. The Company has the right to change the Service’s pricing or subscription plans. The Company will inform its Members of such changes in advance. If a Member does not wish to accept such change, he/she may cancel subscription in accordance with the instructions given in the notice.

11. For App Store In-App Purchases (IAPs), the policies of the Apple Media Service terms apply.

12. For Google Play IAPs, the policies of the Google Payments terms apply.

1. The Company may take the following measures against the Members for violating the Terms, related laws and regulations, or general principles of business transactions.
1) Retrieve all or part of additional benefits provided by the Company
2) Restrict use of certain Services
3) Terminate Service Agreement
4) Claim for damages

2. In the event the Company takes the aforementioned measures, it shall give prior notice to the affected Member according to these Terms. In cases deemed inevitable by the Company, such as an emergency or where the Member is not reachable through the registered contact information, it may inform the Member after taking preliminary measures.

3. Members reserves the right to plead against the Company's measures under this Article.

Chapter 3. Obligation of Contracting Parties

1. The Company shall use the personal information registered by the Member to provide the Service only within the scope agreed hereto. Unless otherwise prescribed in the relevant laws and regulations, the Company will inform the Member and receive prior consent, should it use personal information for purposes other than those agreed in these Terms or provides it to a third-party.

2. The Company establishes a Privacy Policy in accordance with relevant laws and designate a supervisor to protect its Members personal information.

1. The Member is responsible for managing his/her ID and Password, and shall be responsible for preventing any third-party use.

2. The Company may restrict a Member’s ID from use of the Service, for concerns related to leakage of personal information, act of misconduct, or possible misconception of the ID being owned or operated by the Company.

3. On suspicion of misuse or third-party use of a Member’s ID or password, he/she shall notify the Company immediately and follow any instructions from the Company.

4. In the case of Paragraph 3, the Company shall not be held responsible for any damages caused by not notifying the Company or not following the Company’s instructions.

1. The Company makes every effort to ensure that the Member’s Records is protected from third-parties.

2. With the Member’s prior consent, the Company may use the Records only for machine learning purposes, in order to improve, optimize, or otherwise enhance the Service or other voice recognition services provided by the Company. (”Use for Service Improvement”). Any data used in machine learning will be saved and managed separately from additional information, and technical and operational measures will be taken so that the information owner cannot be identified.

3. The member may grant or withdraw consent on the Use for Service Improvement. Member preferences will be effective from the date of acceptance or withdrawal.

4. Any data the Member refuses to grant the Company rights to Use for Service Improvement will be deleted upon the effective date of the Member’s termination of the Agreement. Any data the Member agrees to grant the Company rights to Use for Service Improvement will be encrypted and retained for five years before deletion.

5. If the Member refuses to agree on the Use for Service Improvement, he/she may be restricted to using parts of the Service.

6. The Company shall not voucher if the recording methods or the content of the Records, or if the Member’s use of it is legal.

1. In order to use the Service, the Member must grant the Company access to his/her smartphone external storage, calls, contacts, and call logs.

2. The Company shall not disclose or provide the Member’s Call Records or its transcription to third-parties, except as stipulated in these Terms or Privacy Policy.

1. The Company establishes and operates policies to protect Copyright of any content (including but not limited to Records, product reviews, Q&A, etc. collectively “Content(s)”) submitted, created, transcribed, or edited by a Member on or through the Service, and the Members are required to comply with such policies.

2. The copyright of the Contents submitted, created, transcribed, or edited by a Member on or through the Service belongs to the Member him/herself, and the Member agrees that such content will not contain material subject to copyright or other proprietary rights.

3. In the event a Member believes that Contents on daglo violates copyrights, he/she may notify the Company by following its rights infringement reporting process.

4. The Company reserves the right to remove the Content from daglo should it fall under any of the following sub-paragraphs, and restrict or terminate the publishing Member’s use of the Service.
1) If the Content breaches the laws and regulations of the Republic of Korea
2) If the product or service displayed or promoted through the content is prohibited by relevant laws and regulations
3) If the Content includes false or misleading advertisements
4) If the Content infringes on the rights, honor, credit, and other interests of others
5) If the Content promotes direct transaction or contains links to other websites
6) If the Content includes malicious code or data that may cause malfunction of information communication equipment
7) In case of violation of social public order or morals
8) If the Content is deemed to deteriorate stable operation of the Service.
9) If the Content contains contents related to criminal activity
10) If the Content contains content that may cause political and economic disputes

5. Product reviews, Q&A, etc. written by Members may be copied, distributed, transmitted and displayed on websites affiliated with the Company, and can be modified and edited within reasonable scope.

Chapter 4. Termination of the Service

1. Termination by the Member
1) The Member may terminate the Agreement at any time by notifying the Company through the menu provided in the Service. However, the Member must complete all required transactions at least seven (7) days before applying for termination.
2) The Member shall be responsible for any disadvantages caused within the aforementioned deceleration period. And upon termination of the Agreement, The Company may retrieve any additional benefits provided to the Member
3) The Member may attempt to re-enter into the Agreement, even after termination of the Agreement by submitting a re-application for use, which will be subject to the Company’s approval.

2. Termination by the Company
1) The Company may terminate its Agreement with the Member, if a case falls under any of the following sub-paragraphs:
① If the Member’s behavior harms the reputation of or causes disadvantages to others. Or if the Member’s use of the Service violates applicable laws or acts against morals or public order.
② If the Member attempts to deteriorate stable operation of the Service.
③ If the Company rejects, or terminate, the Member’s Agreement for reasons specified in Article 7 (3).
④ If there are any other reasons that significantly indicate the Company’s termination of the Agreement to be appropriate.
2) If the Company terminates the Agreement, it shall notify the affected Member of the termination and its reason through e-mail, phone or other comparable means. The Agreement is terminated immediately upon such notice.
3) Even if the Company terminates the Agreement for reasons set forth in this paragraph, the Service Agreement terms shall apply to any sales agreement and its conclusion made before the termination date.
4) If the Company terminates the Agreement for reasons set forth in this paragraph, the Company may retrieve any additional benefits provided to the affected Member
5) If the Company terminates the Agreement for reasons set forth in this paragraph, it may reject the affected Member’s re-application use the Service.

1. If the Member violates any part of this Agreement or attempts to interfere with the operation of the Service, the Company may restrict his/her use of the Service by first giving a warning, and in steps temporarily and permanently suspending the use of the Service.

2. Notwithstanding the previous Paragraph, the Company may immediately and permanently suspend the Member’s use of the Service provided he/she violates the “Resident Registration Act", "Copyright Act", "Computer Program Protection Act", or “Information and Communications Network Act”. In the event, any “points” and other benefits acquired through the use of the Service will expire without compensation from the Company.

3. Provided the Member does not log in to the Service for more than three (3) consecutive months, the Company may limit his/her use of the Service for protection of personal information and efficient operation of the Service.

4. The Company shall abide to the terms set out in this Article when defining further rules through usage restriction policies and operational policies of individual Services.

5. In the event the Company restricts, suspends or terminates the Member’s use of the Service for reasons set out in this Article, the Company shall notify the affected Member by methods determined in these Terms.

6. The Member may submit an objection to the procedures set forth by the Company based on the terms of this Article. If the objection is deemed reasonable by the Company, it will immediately resume provision of the Service to the said Member.

Chapter 5. Miscellaneous

1. These Terms of Use shall be stipulated and executed under the laws and regulations of the Republic of Korea.

2. Any dispute arising between the Company and the Member arising out of or in connection with these Terms of Use shall be resolved in accordance with the procedures set out in the Civil Procedure Act of Republic of Korea.

3. This English version of the daglo Terms of Use is a translation based on the original Korean version of the daglo Terms of Use. If there is any conflict between these two versions, the original Korean version of the daglo Terms of Use shall prevail.

1. The Company shall not be held liable for any transactions made through the Service between the Members, or between the Member and a third-party.

2. The Company shall not be held liable for any damages suffered by the Members or third-parties for suspension of the Services based on Article 8 (2-1,2). However, this shall not apply for acts of the Company that are intentional or negligent.

3. The Company shall not be held liable for any force majeure if the service is restricted or discontinued due to the reasons stated in Article 8 (2-3).

4. The Company shall not be held liable for any failures in the Service attributable to the Member.

5. The Company shall not be held responsible for any damages incurred by the Member failing to protect or providing his/her personal information to others.

6. The daglo service may be limited or delayed for reasons such as the current location of the Member and network issues from the wireless data service provider.

1. The Company may temporarily or permanently modify or discontinue the Service (or any part thereof), if necessary, after giving prior notice through the Company's website.

2. The Company and the Members may not transfer their rights and obligations defined under these terms to any third-party without explicit consent from the other party.

3. The contents of the contracts, agreements, notices, etc. made by the parties in accordance with these Terms and any amendments to the company's policy, and applicable enactment or laws announced by the Company through daglo also form part of these Terms and Conditions.