Terms of service

These Terms of Service set forth the rights held by EpopSoft, Inc. (hereafter referred to as the "Company") and the “Registered User” in using the language learning application “Epop” and its associated services, the respective obligations and responsibilities of the “Registered User” and the “Guest User,” and other matters of relevance.

This English version of the Terms of Service is a translation of the original Korean version. In the event of a dispute, the Korean version of the Terms of Services shall take precedence over the English version.

Article 2 (Definitions)

Article 3 (Disclosure and Revision of Terms of Service)

1. The Company shall display the Terms of Service and the Privacy Policy within the Service in a way that ensures easy accessibility to the Registered User.
2. The Company may revise these Terms of Service as necessary, so long as neither relevant laws nor regulations are violated, e.g. the Act on the Regulation of Terms and Conditions and the Act on the Promotion of Information and Communications Network Utilization and Information Protection.
3. In the case that the Company revises the Terms of Service, it shall announce the effective date and details of the revision on the notice board of the Service seven days prior to the effective date.
4. In disclosing the revision of the Terms of Service pursuant to the preceding paragraph, if the Company has notified the Registered User of such revision, the Registered User shall be deemed to consent to the revised Terms of Service unless they have clearly expressed their disagreement within the notification period.
5. If a Registered User does not agree to the revised Terms of Service, such Registered User may terminate the Service Contract. However, the termination of the Service Contract may be limited if the Registered User is utilizing the Paid Services at the moment of their termination request.

Article 4 (Interpretation of Terms of Service)

1. The Company may have separate Terms of Service or policies (hereafter referred to as "Addendum, etc.") for the Paid Services and their associated services.
2. Any matters or interpretations unspecified in these Terms of Service shall be governed by the Addendum, etc., the relevant laws, or commercial practices of the Republic of Korea.

Article 5 (Conclusion of Service Contract)

1. Any Applicant wishing to become a Registered User shall agree to these Terms of Service and submit a request for user registration in accordance with the procedures established by the Company (including login methods provided by the Company, such as social login); the Service Contract is entered into when the Company grants their request.
2. However, in the event that an Applicant has a history of termination or suspension of the Service Contract under Article 15, paragraph 1 of these Terms, or is deemed ineligible for any other reason, the Company reserves the right to reject the application of such Applicant or terminate the Service Contract subsequently.
3. If deemed necessary, the Company may request that the Applicant verify their real name and identity through an identity verification organization.
4. The Applicant shall not provide false information nor steal the identity of another individual when applying for user registration. The Applicant shall be responsible for any disadvantages and/or legal liabilities resulting therefrom. The information provided by the Applicant in the registration process will be kept confidential from other Registered Users.
5. The Company may suspend conclusion of the Service Contract due to lack of facilities related to the Service or any other technical and/or business reasons.

Article 6 (Obligation to Protect Personal Information)

Article 7 (Obligations of the Company)

1. The Company shall do its utmost to provide the Service in a continuous and stable manner.
2. The Company shall operate a system to secure and protect the Registered User's personal data, and shall disclose and comply with the Privacy Policy.
3. If deemed justified, the Company shall address opinions or complaints of Registered Users. If necessary, the Company may notify the Registered User of the outcomes of such actions. However, the Company is not obligated to address such opinions or complaints, or to notify outcomes when the content of opinions or complaints submitted by a Registered User has already been addressed in the Terms of Service, the Privacy Policy, the Addendum, etc., FAQ, or other permanently accessible channels. This also applies if the Company cannot confirm the Registered User status of the individual who submitted opinions or complaints.

Article 8 (Rights and Obligations of the Registered User)

1. The Registered User acquires the right to use the Service by entering the Service Contract.
2. The Registered User does not acquire any rights to the Content provided by the Company through the Service.
3. If there are any changes to the Registered User’s information, the Registered User shall promptly update such information to ensure that their personal information is always current. The Company shall not be accountable for any disadvantages to the Registered User as a result of the Registered User’s failure to fulfill this obligation.
4. The Registered User is solely responsible for management of the service account (hereinafter the “Account”) under which they are registered. The Company shall not be held liable for any disadvantages or legal liabilities arising from the following:
   1. The Registered User discloses any information about their Account to a third party or allows them to use their Account.
   2. The Registered User fails to immediately notify the Company or follow the instructions of the Company after becoming aware that their Account credentials have been stolen, or that their Account is being used by a third party (hereinafter “Unauthorized Use”).
5. The Registered User shall not use the Content for any purpose other than using the Service without the consent of the Company, and in particular, the Registered User may be held liable for all civil and criminal liabilities for the following:
   1. Creating separate video files, etc. of the Content without permission
   2. Posting the Content on the Internet without permission
   3. Providing the Content to a third party without permission
   4. Engaging in any commercial activities that undermine the interests of the Company and/or those of a third party that provides the Content.
   5. Any other acts that infringe on the copyright of the Content
   However, the use of the Public Content is subject to the permitted scope set by the copyright holder of the Public Content.
6. The Registered User shall not engage in any acts that involve unauthorized access to the servers and network systems of the Service (hereinafter the “System”) (e.g. using automated programs to access the System or accessing the System for the purpose of randomly collecting the Content) or engage in any acts that interfere with the provision of the Service.
7. The Registered User shall not engage in any of the following:
   1. Purchasing or attempting to purchase the Service through any payment channel that is not authorized or provided by the Company
   2. Providing false information to the Company or collecting, using, providing, stealing, or infringing on other people’s personal information
   3. Infringing on intellectual property rights such as copyrights owned by the Company or other third parties
   4. Damaging the reputation of the Company, other Registered Users, or third parties
   5. Interfering with the business operations of the Company or third parties
   6. Disassembling, changing, or imitating the Service through any kind of fabricating activities
   7. Collecting personal information of other Registered Users
   8. Using the Service or the Content for commercial purposes without acquiring consent from the Company
   9. Making obscene, violent, or otherwise inappropriate information accessible on the Service
   10. Impersonating the Company or the Service or disseminating false information about the Company or the Service
   11. Any other illegal or unfair acts, including the acts specified in Article 44-7 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection of Korea
8. The Registered User shall comply with these Terms of Service, other relevant terms and conditions, and the applicable laws and regulations of the Republic of Korea when using the Service. For any issues arising from the Registered User’s failure to comply with the aforementioned (including any infringement of civil or criminal rights and claims of violating the law, e.g. lawsuits or investigations filed by government agencies, rights holders, etc.), the Registered User shall indemnify the Company at their own expense and effort, and shall compensate the Company for all damages suffered due to such failure.

Article 9 (Notices to the User)

1. While the Guest User bears the same obligations as the Registered User as specified in Article 8, this Article sets forth the obligations unique to the Guest User.
2. The Company recommends that the Guest User enters into the Service Contract and uses the Service as a Registered User. However, the Guest User may have access to some features of the Service provided by the Company to ensure the Guest User’s convenience before entering the Service Contract.
3. If a Guest User makes a payment to use the Paid Services, the Company may request that they apply for the Service Contract immediately or some time after their purchase of the Paid Services. The Guest User who made a purchase without entering into the Service Contract cannot request to exercise the rights of the Registered User; the Company will not be held accountable for any disadvantages and/or legal liabilities arising from their use of the Service.
4. In the event that a Guest User fails to comply with Article 9, Paragraph 3 of these Terms results in losses on the part of the Company or a third party, the responsible Guest User may be held accountable for such losses.

Article 10 (Scope of the Service)

1. Features to facilitate the study of foreign languages using the Content and the Public Content
2. Additional features to support or motivate users in language learning

Article 11 (Changes to the Service)

1. The Company may make changes to the Service in part or in its entirety due to operational and/or technical needs without compensation to the Registered User, unless otherwise specified in these Terms of Service.
2. In the case that any predictable changes are made to the Service, the reason, date, and details of such changes will be announced within the Service seven days prior to the change. However, if it is deemed difficult for the Company to announce the reason or details of such changes seven days in advance, the disclosure may be made subsequently.

Article 12 (Notices to the Registered User)

1. Notices from the Company to individual Registered Users may be sent via the email addresses provided by the Registered Users themselves when subscribing to the Service, through messaging services provided by the Company, or by similar means, unless otherwise specified in these Terms of Service.
2. In the case of notices addressed to all Registered Users collectively, or in the case of changes that adversely affect the rights or obligations of the Registered User, the Company may substitute the notice prescribed in Article 12, Paragraph 1 by posting such notice on the announcement section within the Service.
3. The Company shall not be held liable for any disadvantages to the Registered User or the Guest User for the following:
   1. The Registered User fails to keep their Account information up to date, including the email address to which the Company can send notifications.
   2. The Guest User provides no means of communications for the Company as they use the Service without entering into the Service Contract.

Article 13 (Suspension of Service)

1. The Company may temporarily suspend provision of the Service for natural disasters or technical or business reasons such as maintenance, inspection, replacement, or breakdown of the related facilities of the Service, or the interruption of communications. If provision of the Service is suspended for an extended period of time, the Registered User will generally be notified in advance. However, in unavoidable circumstances, such notification may occur afterward.

Article 14 (Request for Contract Termination by the Registered User)

1. The Registered User may terminate the Service Contract within the Service at their discretion. However, termination of the Service Contract may be restricted if the Registered User is using the Paid Services at the time of their termination attempt.
2. Upon termination, any information related to the Service, including the learning history saved in the Account of the Registered User, will be deleted. Therefore, the Registered User shall take appropriate measures pertaining to the aforementioned information before termination of the Service Contract, and the Company shall not be held liable for any losses caused to the Registered User resulting from the Registered User’s failure to take such measures.

Article 15 (Termination of Contract, Restriction of Use, etc. by the Company)

1. The Company may terminate the Service Contract with the Registered User or restrict their use of the Service without prior notice in the following cases:
   1. Using or attempting to use the Service without properly paying the purchasing fee for Paid Services, etc.
   2. If a Registered User is deceased
   3. If a Registered User uses the Service by stealing the personal information or mobile device of another individual
   4. Putting the provision of the Service at risk or interfering with the provision of the Service, for example, by changing the Company's client program without permission, or by hacking the server
   5. Interfering with another Registered User’s use of the Service
   6. Damaging the reputation and/or credibility of the Company or interfering with its business by spreading false information or by other fraudulent methods
   7. Impersonating the CEO or other executives, employees, etc. of the Company
   8. Engaging in spam-related activities on the Service
   9. If the Registered User commits an act that violates the Registered User’s obligations under these Terms of Service or the laws and regulations of the Republic of Korea and fails to correct their action within a reasonable period of time despite the Company's warning to do so

Article 16 (Display of Advertisements)

Article 17 (Registered User Content)

1. Registered User Content shall not include any of the following:
   1. Defamatory or unfoundedly libelous statements about others (including the Company and the people appearing in the Content)
   2. Content that violates public order and morals, such as profanity, obscene/indecent content, violent content, etc.
   3. Content that infringes on the intellectual property rights of others (including the Company and the people appearing in the Content) – which includes their copyrights and rights as subjects of personal information – or any other rights of others
   4. Content containing personal information of the Registered User (except when the Registered User consents to the Company's collection and use of such personal information)
   5. Content that causes fear or anxiety without grounds
   6. Content that is contrary to good customs and social order
2. If a Registered User violates Article 17.1 or has been reported to be in violation more than a certain number of reports, the following measures may be taken against the Registered User, and the Company shall not be liable for any resulting disadvantages.
   1. The Company may temporarily remove Registered User Content automatically or manually. However, if the Registered User who created such content is able to demonstrate that their content does not violate Article 17.1, the Company may lift the temporary removal measure upon valid justification provided by the Registered User.
   2. The Company may restrict the use of the Service by the Registered User, regardless of their purchase status of Paid Services.
3. The Company may use Registered User Content for the promotion and improvement of the Service, and may engage in actions such as editing, modifying, or reproducing Registered User Content within the scope of these purposes.

Article 18 (Ownership of Intellectual Property and Restrictions on Use)

1. Intellectual property rights and other rights for anything produced and provided by the Company, including but not limited to trademarks, logos, the Service, and advertisements of the Company, shall belong to the Company.
2. The Registered User shall not use or cause a third party to use the information obtained while using the Service for commercial purposes by reproduction, transmission, publication, distribution, broadcasting, or other methods without acquiring prior consent from the Company.

Article 19 (Indemnification)

1. If the Service cannot be provided due to natural disasters or equivalent force majeure, the Company shall be exempted from the responsibility of providing the Service.
2. The Content and the Public Content may not be available in some countries due to restrictions imposed by the copyright owner or the environments of the Registered User.
3. The Company shall not provide any guarantee regarding the legality, accuracy, integrity, or reliability of the Content, Public Content, and Registered User Content.
4. The Company shall not provide any guarantee regarding products or services of third parties, including but not limited to those purchased or obtained through advertisements and other information/offers within the Service.

Article 20 (Termination of Service)

1. The Company may terminate the Service for operational reasons and shall notify the Registered User in the manner set forth in Article 3.3 three months prior to the date it intends to terminate the Service.
2. From the date of notification of termination of the Service to the date of termination, the use of some parts of the Service may be restricted.

Article 21 (Payment)

Article 22 (Cancellation of Subscription and Refund of Purchasing Fee)

1. The terms and conditions for canceling a subscription and refunding the purchasing fee for the Paid Services purchased via In-app Purchase or other payment methods of Google Play are as follows:
   1. The terms and conditions for canceling a subscription are as follows:
      1. Subscription for the Paid Services may be canceled within seven days from the purchase date only when they are unused.
      2. Subscription cancellation may be allowed if required by the laws and regulations of the Republic of Korea.
      3. However, subscription cancellation may be restricted for some services that are restricted from subscription cancellation as set forth in the Act on the Consumer Protection in Electronic Commerce, etc. and other relevant laws and regulations.
   2. If a Registered User's In-App Purchase is billed as a mobile carrier's data usage fee, and the Registered User’s request for a refund is made after the carrier's billing of said fee to the Registered User, the refund may not be possible according to the policies of the mobile carrier or Application Store.
      1. In particular, in the case of an In-App Purchase made by mobile phone payment through Google Play, partial refunds are not possible due to the policies of Google Play.
   3. If a Registered User requests a refund after seven days from the date of purchase, the Company may refund a partial amount according to the following regulations:
      1. In the case of a refund, applicable financial transaction fees and application store commission costs may be deducted.
      2. In the case of partial refunds for Paid Services that included additional benefits (such as 12-month one-/two-/four-person premium memberships, event and special offer memberships, etc.), the benefits (such as discounts, learning materials, gifts, etc.) shall be revoked and the refund amount shall be calculated based on the pricing of monthly one-person premium memberships.
      3. Refunds for Paid Services shall be processed by deducting the total usage amount (calculated as the number of days elapsed from the date of purchase to the date of the refund request multiplied by the daily usage amount based on the pricing of monthly one-person premium memberships) and a penalty fee (10 percent of the difference between the total payment amount and the total usage amount) from the total payment amount.
      4. In the case of a refund for Paid Services purchased in a foreign currency other than Korean Won, the refund amount shall be calculated based on the exchange rate as of the date of the refund request, not the date of purchase of the Paid Services.
      5. Credit card payments or mobile payments may take some time to be processed depending on the terms and conditions for refunds established by the credit card company or mobile carrier.
      6. Paid Services other than monthly one-person premium memberships and 12-month one-/two-/four-person premium memberships may be subject to separate payment and refund policies. If the Company sells such Paid Services, it shall notify the Registered User of applicable payment and refund policies.
      7. All Paid Services that have expired as of the date of the refund request shall not be eligible for a refund.
2. The terms and conditions for canceling a subscription and refunding the purchasing fee for the Paid Services purchased via In-app Purchase of Apple’s App Store are as follows:
   1. In the case of Apple’s App Store, the Company cannot verify the payment status and information of the Registered User, and the Company has no authority to process refunds.
   2. Therefore, the Registered User shall directly request a refund from Apple’s App Store, and the refund will be handled directly by Apple’s App Store in such cases.
   3. In order to facilitate the refund process handled by Apple's App Store upon the request of the Registered User, the Company may share data with Apple's App Store regarding the Paid Services purchased and used by the Registered User.
3. The terms and conditions for canceling a subscription and refunding the purchasing fee for the Paid Services purchased via Web Payment are as follows:
   1. The Payment Gateway Provider (Paddle.com Market Ltd.) shall process payments and refunds as the Merchant of Record.
   2. The subscription for the Paid Services may be canceled within seven days of the purchase date, but only when they are unused.
   3. Registered Users residing in the EU/EEA and the United Kingdom may, in accordance with the refund policy of the Payment Gateway Provider, cancel their subscription within fourteen (14) days from the date of the transaction. However, the right of withdrawal may be limited if the Registered User has begun using the Paid Services within the said fourteen (14) day period.
   4. If a refund is requested after the applicable withdrawal period has elapsed, the provisions of Article 22, Paragraph 1, Item (c) shall apply mutatis mutandis.
   5. Refunds shall be processed in accordance with the policies of the Payment Gateway Provider, and it may take a certain period of time for the refund to be completed.
4. In the case of an overpayment caused by intentional or attributable reasons of the Company, the overpayment shall be refunded to the Registered User. However, in the case of an overpayment caused by intentional or attributable reasons of the Registered User, the Registered User shall bear the costs incurred by the Company in refunding the overpayment within a reasonable range.
5. Refunds shall, in principle, be processed by the payment method that the Registered User uses to purchase the Paid Services. However, if verification of the identity of the device owner is difficult, for reasons such as the person being a minor, refunds shall instead be made to the account of the legal guardian or the account from which the subscription fee is automatically transferred.
6. If a Registered User requests a refund, the Company shall confirm the purchase history and may request the submission of documents specified in the following subclauses for identity verification. The Registered User shall submit the requested documents to the Company via email or other means. If identity verification of the Registered User is difficult due to reasons such as the Registered User being a minor, the legal guardian may request a refund on their behalf, and in this case, documents proving guardianship shall also be submitted.
   1. A refund request form or refund-related customer support history (such as an email requesting a refund, etc.)
   2. A copy of the document verifying the identity of the person requesting the refund (the device owner).
   3. A copy of the bank account statement in the name of the person requesting the refund
   4. A copy of the payment receipt

Article 23 (Governing Law and Consent to Jurisdiction)

1. Legal disputes between the Company and the Registered User shall be governed by the laws of the Republic of Korea.
2. The Seoul Central District Court shall be the court with jurisdiction for litigation regarding disputes between the Company and the Registered User.
3. Notwithstanding the provisions of these Terms of Service regarding governing law and jurisdiction, the mandatory consumer protection laws of the country in which the Registered User resides may take precedence.