ActionPower Corp. Daglo Service Terms and Conditions
Article 1 (Purpose)
This agreement establishes and implements the rights and duties of those using the "Daglo" internet site (daglo.ai, hereinafter referred to as "Daglo") operated by ActionPower Corp. (hereinafter referred to as "Company") and related services provided through the "Daglo mobile application provided through mobile communication devices such as smart phones to promote mutual development.
Article 2 (Specification, Effect and Amendment of Terms and Conditions)
- The company publishes the Terms and Conditions on the initial service screen or connection screen of the “Daglo” so that members can check the company’s name, location of the sales office, name of the representative, business registration number, contact information (phone, fax, e-mail address, etc.) and so on.
- The company can amend the main contract to the extent that it does not violate relevant laws such as the Law on Regulations of the Terms, Electronic Documents and Electronic Commerce Basic Act, Digital Signature Act, Act on Information Network Promotion and Information Protection, etc., Consumer Protection Act in Electronic Commerce, Electronic Financial Transactions Act, etc.
- If the company revises the terms, the date of application and the reasons for the revision shall be specified and the notice shall be posted on the initial screen from 14 days prior to the effective date to the day before the effective date.
- If the company revises the terms, the amendment shall apply only to the contracts concluded after the date of application, and for the terms before the amendment shall apply to the contracts already concluded before that. However, if a user who has already signed a contract sends the intention of the amendment clause to the "ActionPower" within the notice period of the amendment clause under paragraph 3, and the "ActionPower" agrees to it, the amendment clause shall be applied.
Article 3 (Definition of Terms)
- Terms used in these Terms and Conditions are as follows.
1) “Daglo” refers to a virtual shop established by the Company to provide a service for converting voice files into text files, and is also used as a means of operating a business.
2) User : A user is a member who accesses the "Daglo" and receives services provided by the "Daglo" in accordance with these terms.
3) Member : A member is an individual or corporation who registered membership by providing personal information to the company, who is continuously provided with the information of the "Daglo" and who can use the services provided by the "Daglo".
4) ID : ID is the e-mail address that is set by the member and approved and registered by the company to identify the member and use the service.
5) Password : Password is a combination of English alphabet and number registered by the member himself / herself in order to check the identity of the member and protect the rights and confidentiality of the member.
6) Operator : Operator is a person selected by the company for overall management and smooth operation of the services provided by the company.
7) Output : The output is the result of the character that a user has obtained by converting the voice file through the "Daglo" service.
Article 4 (Type of Service)
- The services provided by the company are as follows.
1) Service to convert voice data into character data
2) Service to store and manage data
3) Services for playing back voice data and editing scripts
4) Data Analysis Service
5) Other Duties Determined by the Company
- The "Daglo" may change the contents of the service to be provided by the contract to be concluded in the event of a technical specification change. In this case, specify the content and date of the changed goods and services, and announce the contents of the current goods and services from the 7th day before the date of the delivery.
① "Company" can divide "service" into a certain range and specify the available time for each range separately. However, in such cases, the contents will be announced in advance.
② "Service" is provided 24 hours a day, seven days a week.
③ "Company" may temporarily suspend the provision of the "service" if there is a maintenance, replacement or breakdown, communication failure of the information and communication facilities such as computer, or there is fair reason for operation purposes. In this case, the "company" will notify the "member" in the manner prescribed in Article 9 [Notice to "Members"]. However, if there is an unavoidable reason that the company can not notify in advance, it may be notified afterwards.
④ "Company" may conduct periodic inspection if necessary for the provision of services, and the periodical inspection time shall follow the notification on the service provision screen.
Article 5 (Establishment of Service Use Contract)
- The service use contract shall be concluded by a person who wishes to be a "member" (hereinafter referred to as "subscriber") by agreeing to the terms of the agreement and then applying for membership and the "company" accepting such application.
- The "company" shall, in principle, approve the use of the "service" for the application of the "applicant". However, the "company" may not approve or cancel the use contract after the following application.
1) If the applicant has previously lost his / her membership in accordance with the terms of this agreement, except when he / she obtains the approval of re-membership of the "company".
2) If it is not a real name or use of someone else's name
3) If false information is provided or the contents of the "company" suggests are not listed
4) If a child under 14 does not obtain consent from the legal representative (parents, etc.)
5) If unable to approve the user due to the reason for his / her misconduct, or if he / she violates other prescribed matters in registration
- In the application under Paragraph 1, the "company" may ask for the verification of the real name identity through the specialized agency according to the type of "member".
- "Company" may waive the approval if there is no room for service-related facilities, technical or business problems.
- If the application for membership is not accepted or reserved pursuant to Paragraphs 2 and 4, the "company" shall in principle notify the applicant of the application.
- The time of establishment of the service use contract shall be the time when the "company" has indicated the completion of the application in the application procedure.
- "Company" can classify "membership" according to the company policy, and according to the grade, the service use time, number of times of use, service menu, etc. can be divided into different types of use.
- "Company" may restrict the use of the "members" for the purpose of compliance with the ratings and age in accordance with the "Act on Promotion of Movies and Videos" and "Youth Protection Act".
Article 6 (Change, Protection of Personal Information)
- The member shall not provide false information when applying for the use, and if any of the items listed are changed, the member shall immediately update the information to the latest information. Name, ID, resident registration number, etc., cannot be modified, except in case defined by statute.
- The notice to the member of the company shall be deemed to have been notified by reaching the address or e-mail address provided by the member, and any damages arising from unmodified information shall be borne wholly by the member and the company is not responsible for it.
- The company shall not use the information provided by the member for the service use contract for purposes other than the purpose of operating the company service agreed by the member, In the event that a new purpose of use occurs or is provided to a third party, the member shall be informed of the purpose and agreed upon at the use and provision stage. However, except in cases where there is a difference from the relevant laws and regulations.
- The company does not set the consent section as default selection for collecting, using, and providing personal information. In addition, we specify the services that are restricted when the user refuses to agree on the collection, use, and provision of personal information, and do not restrict or reject the service such as membership because of the refusal of the consent of the person who wants to use the purchase service for the collection, use and provision of personal information.
- If the company needs to provide personal information of a purchasing member to a third party in order to protect the personal information of the member, the company shall specify and get consent from the member for the use of the personal information item provided at the time of actual subscription, the person to be provided, and the period of retain and use. In case the "Personal Information Handling Policy" is established as specified by the relevant laws and regulations, and the designated person in charge of personal information protection is posted and operated.
Article 7 (Obligations to Manage "ID" and "Password" of "Member")
- "The "Member" is responsible for the management of the "ID" and "password" of "member", and it should not be used by a third party.
- "Company" my restrict the use of the "ID" of the "member" if it is concerned about the leakage of personal information, the antisocial or misconduct, or the misunderstanding of the "company".
- "Member" shall immediately notify the "company" and follow the instructions of the "company" if it recognizes that "ID" and "password" are stolen or used by a third party.
- In the case of Paragraph 3, "company" shall not be held responsible for the disadvantage caused by not following the guidance of "company" even if the "member" does not notify the Company or not following the instruction.
Article 8 (Scope and Responsibility of Output)
- The "company" makes every effort to ensure that the voice files and "results" uploaded by "members" are not leaked to any third party.
- "Company" can only use voice files and "results" uploaded by "member" as machine learning data to improve speech recognition accuracy. During machine learning, the contents of the voice file and the "result" are not leaked to the third party, and the information of the "member" uploaded the voice file is also unknown.
- "Company" shall not be responsible for the contents of voice files uploaded by "members", the legality of the voice recording procedure, and how "members" utilize the "results".
Article 9 (Termination of Use Contract)
- Termination of membership
1) The member can terminate the contract at any time by notifying the company of the cancellation through the service screen. However, members must take the necessary measures to complete all transactions at least seven days prior to notice of cancellation.
2) The member shall be responsible for the disadvantage caused by the declaration made by the member within the period of the preceding paragraphs, and if the use contract is terminated, the company may retrieve the various benefits that the member has additionally been provided.
3) If the member wishes to reuse the service use contract after the contract is terminated, the re-use request will be notified to the company, and the service can be reused only if the company has approved it.
- Termination of contract by the company
1) The company may terminate the use contract if any of the following reasons occurs or is confirmed
① If you violate the rights, honor, credit or other legitimate interests of another member or others, or engage in any act that is contrary to the laws and regulations of the Republic of Korea or the public manners and customs
② When an attempt is made or attempted to interfere with the smooth progress of the services provided by the company.
③ When it is confirmed that there is a reason for denial of consent in Article 7 (5).
④ If the other company acknowledges that it is necessary to refuse to provide the service based on reasonable judgment
2) If the company terminates the contract, the company shall notify the member of its intention to terminate the contract by explaining the reasons for termination through e-mail, telephone or other means. The service use contract terminates on the point the termination intention of the company is notified to the member.
3) Even if the company terminates the use agreement pursuant to this paragraph, this agreement shall continue to apply in relation to the completion of the sales agreement already concluded before the termination.
4) Upon termination of the service use agreement as set forth in this paragraph, the company may retrieve the various benefits provided to the member.
5) If the use contract is terminated as set forth in this paragraph, the company may refuse to accept the application for reuse of the member.
Article 10 (Service Period and Suspension)
- The service period in accordance with these agreement shall be from the date of application of the service to the termination date of the service agreement.
- The company may temporarily suspend the provision of services in the event of maintenance, inspection, replacement or breakdown of information and communication such as computers, or communication equipment. In this case, we will notify the reasons of service suspension and the reason on the "Daglo" initial screen.
- The company may limit or suspend the provision of services if it cannot provide services due to natural disasters or force majeure.
Article 11 (Service Fee)
The company provides various services required for free e-commerce among members and can charge the service fee (service use fee) according to the internal policy of the company.
Article 12 (Conclusion of Contract and Payment of Fee)
- The service contract is concluded when the member expresses the intention of subscription in response to the sales conditions of the service proposed by the seller and the seller expresses the intention to accept it.
- The company provides a way for a member to make payment by cash, card or other means.
- The purchaser shall bear the responsibility and disadvantage of the information entered by the purchaser in connection with the settlement of the transaction price and the related information.
- The company can confirm whether the buyer has a legitimate license to the payment method used for the sale price, and may suspend the transaction until confirmation is completed, or cancel the transaction that is not validated.
Article 13 (User Management)
- The company may take the following measures against members who violate the terms of this agreement and related laws and regulations and general principles of business transactions.
1) Collection of some or all of the additional benefits provided by the company
2) Restricted use of certain services
3) Termination of use contract
4) Claim for damages
- The company shall notify the members by wire or e-mail in advance if the company takes the measures specified in the preceding paragraph, and may notify the members after the preliminary action if it is inevitable, such as the loss of contact or urgency.
- Members may plead against the company's actions under this article if there is a reason for the plea.
Article 14 (Responsibility for the Works)
- The company establishes and operates policies to protect copyright holders in the use of services, and members must comply with the copyright policy of the company.
- The copyright of various postings such as product reviews, Q&A, etc. created by the member using the service provided by the company belongs to the member who wrote it. If the post infringes the copyright of the other member, the responsibility of the post is borne by the member himself.
- Members can be protected from their legitimate rights by using the company's rights infringement reporting system if their copyright is violated within the Daglo.
- The company may delete the post without prior notice if the post falls under any of the following clauses, or may restrict the use of certain services and terminate the use contract with the publisher. However, unless the post is one of the following, the company will not remove the post only because it contains disadvantageous content in the post, such as a simple complaint about the item purchased.
1) Including content that violates the laws and regulations of the Republic of Korea
2) In the case of posting and advertising illegal products or pornography that are prohibited from being sold under relevant laws and regulations
3) Include false or misleading advertisements
4) Infringe on the rights, honor, credit, and other legitimate interests of others
5) If you post links for direct transaction or links to other sites
6) If it 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 it is judged that it interferes with the smooth progress of Daglo service provided by the Company
9) If it includes contents related to criminal activity
10) If it contains content that causes political and economic disputes
- Various postings, such as product reviews, Q&A written by members, may be copied, distributed, transmitted and displayed on other websites affiliated with the company and can be modified and edited within the scope of not changing essential content.
Article 15 (Customer Center)
- The company operates a customer center to deal with complaints and dispute settlement between members or members and third parties.
- The company will promptly deal with complaints and opinions raised by members through the customer center if they are judged to be legitimate, notify the progress of the proceedings within 3 business days, and notify the results of the investigation and treatment within 10 business days.
- At the dispute settlement of the customer center, the member shall faithfully comply with the principle of good faith.
Article 16 (Prohibited Act)
- The "company" may restrict the use of the "services" in a step-by-step manner by warning, suspense, or permanently stopping the use of the service if the member violates the obligations of this agreement or interferes with the normal operation of the Service.
- Notwithstanding the previous Paragraphs, the "company" shall not be liable for theft or fraudulent use of identity theft or violation of the "Resident Registration Act", violation of the "Copyright Act" and "Computer Program Protection Act". Immediate suspension is possible in the event of a breach of any applicable law, such as illegal communication and hacking, the distribution of malicious programs, or the excess of access rights, you can immediately suspend your use. In the case of suspension of the permanent use pursuant to this section, all "points" and other benefits acquired through the use of the "service" will also be extinguished and the "company" will not compensate for it.
- The "company" may limit its use for the protection and operational efficiency of member information if the "member" does not log in for more than three months.
- The "company" shall be bound by the terms and conditions of use within the Restrictions on Use and Limitation of Use of this Section as set out in the Restricted Use Policies and Operational Policies on Individual Services.
- In the event of restricting or terminating the use of the Service under this section, the "company" shall notify the service user in accordance with Article 9 [Notice of Membership].
- "Member" may file an objection in accordance with the procedures set forth by the "company" with regard to restrictions on use under this section. If the "company" acknowledges that the objection is justified, the "company" immediately resumes the use of the Service.
Article 17 (Relation Between the Laws and Regulations and Related Laws)
- Any lawsuit filed between "company" and "member" shall be governed by the laws of the Republic of Korea.
- Any dispute arising between "company" and "member" shall be based on by the address of the "member". If there is no address, the jurisdiction shall be the jurisdiction of the district court having jurisdiction over the district. However, if the address or place of residence of a "member" at the time of filing is not clear, the competent court shall be established in accordance with the Civil Procedure Act.
- Regardless of the preceding paragraph, in the case of a "member" who has an address or residence in a foreign country, the courts of Seoul Central District Court in Korea shall be the court of competent jurisdiction over the dispute between the "company" and the "member".
Article 18 (Company's Indemnity)
- "Company" shall be exempted from liability if it makes a transaction between the "member" or "member" and the third party through the "service".
- If the service is temporarily suspended due to the reasons for Article 11 (2), the company is not responsible for the damage suffered by the member or third party. However, not in the case of intentional or serious negligence of the company.
- 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 11 (3).
- The company shall not be liable for any failure to the use of the service due to the reasons of the members.
- The company shall not be held responsible for any damages incurred by the member in case of leakage or provision of member's personal information to others.
- The Daglo service may be restricted or delayed for reasons such the network of wireless data service and providers of the current location of the member.
Article 19 (Miscellaneous Provisions)
- The company may temporarily or permanently modify or discontinue any service (or any part thereof), if necessary, after notice in advance through the company's website.
- The company and its members may not transfer their rights and obligations under these terms to any third party without manifestable consent of the other party.
- The contents of the contracts, agreements, notices, etc. made by the parties in accordance with the agreement between the parties and the changes made by the company to the members through the Daglo through the change of the company's policy, enactment and amendment of laws and regulations also form part of these terms and conditions.
Addendum
These terms are effective as of August 17, 2017.