Article 1 Purpose

The purpose of these Terms of Service (hereinafter referred to as the "Terms") is to define the conditions and procedures for the use of services (hereinafter referred to as the "Services") provided by METASKY Co., Ltd. (hereinafter referred to as the "Company") the rights and obligations between the Company and the users, and other necessary matters related to the Services provided by the Company, which users can access through PCs, multimedia mobile devices, and various other digital devices or programs.

Article 2 Effect and Amendment of the Terms

• ①

  These Terms are posted on all internet Services provided by the Company to be publicly displayed. The Company may amend these Terms within the scope not violating relevant laws such as the "Act on the Regulation of Terms and Conditions" and the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." (hereinafter referred to as the "Information and Communications Network Act"). If the Terms are amended, the Company will notify the users by specifying the contents and the effective date of the amended Terms and announce them from at least 7 days (30 days for changes disadvantageous or significant to the users) before the effective date and for a considerable period after the effective date. The amended Terms will take effect from the announced or notified effective date.

• ②

  Users have the right to disagree with the amended terms. If the user does not express their refusal within 10 days (30 days for changes disadvantageous or significant to the users) from the effective date, it will be considered as agreeing to the amendments in the Terms.

• ③

  If the contents stipulated in these Terms conflict with the usage regulations specified in the Service Specific Terms, the Service Specific Terms shall take precedence.

Article 3 Application of Terms

For matters not specified in these terms, separate detailed terms, established practices, Company notifications, usage guides, and relevant laws shall apply.

Article 4 Classification of Services

• ①

  The Company provides Services to users which are classified into free Services and paid services.

• ②

  The types and methods of use of free and paid Services are separately determined and notified by the Company in these Terms and in the usage guides.

• ③

  The service usage rating follows the rating information displayed on the initial screen of the content, and the Company may impose usage restrictions or grade restrictions to comply with the Youth Protection Act and other related laws.

Article 5 Establishment and Unit of the Use Contract

• ①

  The use contract is established upon the Company accepting the user's application for use.

• ②

  The use contract is concluded per user unit.

• ③

  Special contracts for large-scale use of the Services or other specific Services are handled by separate contracts.

Article 6 Application for Use

• ①

  If a user wishes to use the Services, they must fill out the required items in the prescribed application form provided by the Company via internet access or other means.

• ②

  The Company must notify the user of the main contents of these Terms.

• ③

  Clicking the consent button or checking the checkbox at the bottom of the notice is considered as the user's agreement to these Terms.

• ④

  The application must be made in the user's real name.

• ⑤

  Users must apply for the service using the identity verification method provided by the company, and those who do not register under their own name cannot claim any rights.

• ⑥

  Accounts of users who apply using someone else's information (such as I-PIN or mobile phone information) will be suspended.

Article 7 Acceptance of Application for Use

• ①

  In principle, the Company will accept the application for use without delay if there are no business or technical obstacles.

• ②

  When the Company accepts the application, it will notify the user of the following items through the Services or by email, etc.

  • 1.

    User ID

  • 2.

    Matters concerning the protection of user rights and obligations

  • 3.

    Other matters the user needs to know when using the Services

Article 8 Rejection and Suspension of Application for Use

• ①

  The Company may reject applications for use for the following reasons:

  • 1.

    Violation of Article 6 or Article 12, Paragraph 6

  • 2.

    Submission of false information or falsification of documents

  • 3.

    Failure to pay fees owed to the Company

  • 4.

    Other reasons that make acceptance by the Company difficult due to the actions of the user

• ②

  The Company may suspend acceptance of applications until the reasons are resolved for the following reasons:

  • 1.

    Lack of capacity in the Company’s facilities

  • 2.

    Service disruptions

Article 9 Allocation of User IDs

• ①

  In principle, the Company assigns user IDs as requested by the user.

• ②

  User IDs cannot be changed in principle.

• ③

  If the user ID or nickname falls under any of the items in Article 12, Paragraph 6, the Company may suspend service to the user and recommend applying for a new user ID or nickname.

• ④

  A maximum of one user ID can be created under the same name

Article 10 Obligations of the Company

• ①

  If a user’s opinion or complaint is deemed justified, the Company must address it immediately. If immediate processing is difficult, the Company must notify the user of the reason and the processing schedule by email, etc.

• ②

  The Company may temporarily suspend the provision of all or part of the service if repair or recovery is needed due to equipment failures or to ensure continuous and stable service provision. In such cases, the Company will notify the user of the reason, suspension period, current status, and contact information for inquiries. If prior notification is not possible due to unavoidable circumstances, the Company will notify the users individually afterward.

  • 1.

    Urgent system checks, expansions, replacements, or repairs

  • 2.

    Service disruptions due to system failures, service usage surges, maintenance by telecommunications service providers, or network failures

  • 3.

    Force majeure events such as natural disasters, national emergencies, or power outages

• ③

  The Company will strive to facilitate procedures and details related to the user's contract for use, such as contract formation, changes, and termination.

• ④

  The Company will post the representative’s name, Company name, address, phone number, fax number, e-commerce registration number, the Terms, and Privacy Policy on the initial screen of the online service for easy user access.

Article 11 Protection of Personal Information

The Company values users' personal information and complies with relevant laws such as the Information and Communications Network Act, the Personal Information Protection Act, and the Telecommunications Business Act. Through the Privacy Policy, the Company informs users of the purposes and methods of using their personal information and the measures taken for its protection.

Article 12 User Obligations

• ①

  When applying for membership, users must provide accurate information. Users who register false or others' information cannot claim any rights against the company, and the Company is not responsible for any damages resulting from this.

• ②

  Users must comply with these terms, other Company regulations, and notifications. Users must not engage in activities that interfere with the Company’s operations or damage its reputation.

• ③

  Users must comply with relevant laws such as the Youth Protection Act, the Act on Fair Labeling and Advertising, and the Act on Promotion of Information and Communications Network Utilization and Information Protection. Violations may result in criminal penalties and sanctions according to the Company’s policies.

• ④

  Users must promptly update their contract details such as address, contact information, and email address online. The user is responsible for any consequences of failing to update or delay in updating this information.

• ⑤

  Users are responsible for managing their service ID and password. The Company is not responsible for issues arising from the user’s negligence.

• ⑥

  Users must not use the following types of names for their ID, nickname, or other names used in the service:

  • 1.

    Impersonating the official operator of the service provided by the Company or causing confusion to other users by using similar names

  • 2.

    Using names containing suggestive or obscene content

  • 3.

    Using names that may infringe on the rights of third parties, such as trademarks or copyrights

  • 4.

    Using names containing empty or slang words, or content that is antisocial and violates public morals

  • 5.

    Using names that pose a risk of leaking personal information such as resident registration numbers or phone numbers, or infringing on privacy

  • 6.

    Violating related laws or having other reasonable grounds for protecting users

• ⑦

  Without the explicit consent of the company, users must not sell, donate, or pledge the Services usage rights or any other position in the usage contract to others, nor permit others to use them.

• ⑧

  Users must not use the services provided by the Company for purposes other than their original intended use. Users must not engage in the following actions, and if they do, the Company may restrict the user's service usage, delete their account, report them to law enforcement agencies, or take other appropriate actions according to the Terms and operation policies announced for each Service:

  • 1

    Providing false information when registering or updating personal information.

  • 2

    Impersonating or improperly using other people's personal information.

  • 3

    Trading cyber assets such as user IDs with others.

  • 4

    Impersonating the Company’s management or employees.

  • 5

    Exploiting bugs in Company programs.

  • 6

    Engaging in business activities using the service without prior approval from the company.

  • 7

    Harassing or threatening other users, or causing them pain, harm, or inconvenience.

  • 8

    Modifying the client program of each service or hacking servers or parts of websites without approval from the company, or using or promoting programs developed for these purposes.

  • 9

    Sending mass information to disrupt the stable operation of the service or for other fraudulent purposes.

  • 10

    Interfering with, damaging, deleting, or obstructing the transmission of posts, videos, or other advertisements from the Company or other users.

  • 11

    Collecting or storing other users' personal information without the Company’s approval.

  • 12

    Continuously sending advertising information or emails contrary to the recipient's wishes.

  • 13

    Infringing on others' intellectual property rights, such as copyrights, trademarks, or patents.

  • 14

    Using or distributing software or hardware that interferes with the service's content without the Company’s permission or promoting its use or advertising it.

  • 15

    Changing the usage methods or intentions of the service programs provided by the company, causing abnormal harm to the service, or intentionally obstructing it.

  • 16

    Replicating information obtained through the service for purposes other than Service usage without prior approval from the company, using it for publication, broadcasting, etc., or providing it to third parties.

  • 17

    Distributing information, sentences, images, sounds, videos, or illegally replicated software with low or obscene content, in violation of public order and morals, for illegal purposes through the service.

  • 18

    Deceiving payment institutions to make fraudulent payments or abusing payment refusal (Chargeback) to purchase or refund paid Services without valid reasons.

  • 19

    Using, paying, purchasing, exchanging, or refunding paid Services through mobile phones, gift cards, etc., for purposes other than legitimate sponsorship, and helping, encouraging, facilitating, intermediating, or advertising such actions.

  • 20

    Violating these terms, other regulations set by the company, or other usage conditions, and violating other related laws.

Article 13: Restriction of Service, etc.

• ①

  The Company may restrict or suspend all or part of the service in case of a national emergency such as war, civil disturbance, natural disaster, or equivalent events, or in case of unavoidable reasons such as suspension of telecommunication Services by a telecommunications business operator under the Telecommunications Business Act.

• ②

  Notwithstanding the provisions of the preceding paragraph, free Services may be restricted or suspended in whole or in part due to the Company’s management policies or other reasons, and may be converted to paid services.

• ③

  When the Company restricts or suspends the use of the service or converts free Services into paid ones, it must promptly notify users of the reasons, duration of restrictions, scheduled date, etc.

• ④

  If there is no service usage history for a continuous period of one year from the final usage date, the Company may notify the user of the deletion of personal information in accordance with the Personal Information Protection Act, the expiration date, items of personal information to be deleted, etc., through the method specified in Article 21, Paragraph 1 of the Terms, and permanently delete the member information. However, if the user holds a paid service product, it will be excluded from deletion targets. In cases where it is necessary to preserve it under related laws and regulations, the Company will keep the member information for a certain period as specified in the related laws and regulations.

Article 14: Discontinuation of Service, Restriction of Use, etc.

• ①

  If the user fails to pay the fees for paid Services for more than one month from the specified date, the Company may suspend all or part of the service provision.

• ②

  In cases where the user's use is restricted under Article 15, specific criteria such as the type and period of restriction shall be determined in accordance with the Company’s operational policies, notices, and usage guidelines.

Article 15: Procedure for Restriction and Release of Use

• ①

  When the Company intends to restrict the use, it shall notify the user of the reason, date, and period of the restriction in advance by telephone, email, or other means. However, this shall not apply in cases where it is separately provided by law or when it is necessary to restrict use urgently.

• ②

  If the user has objections to the notification of the suspension of use received under the preceding paragraph, the user may file an objection.

• ③

  If it is confirmed that the reason for the suspension of use has been resolved during the period of suspension of use, the Company shall immediately lift the suspension of use.

• ④

  If it is proven that the user's misconduct was not intentional or negligent, the Company shall extend the period of use of the paid service for the duration of the suspension.

Article 16: Termination of Service, etc.

• ①

  Users may terminate their membership and cancel their service agreement at any time by requesting membership withdrawal through the "Withdraw Membership" option on the mobile application. Alternatively, users may also apply for termination by contacting the Company via email or phone call.

• ②

  Upon receipt of a termination request under the preceding paragraph, the Company shall promptly restrict the use of the Service.

• ③

  If the Company intends to terminate the service contract, it shall notify the user of its intention at least 7 days before the termination, allowing the user an opportunity to express their opinion. However, the Company may terminate the contract immediately if any of the following apply:

  • 1.

    If the user has committed a serious violation of laws, regulations, or the Terms of service, or engaged in fraudulent activities.

  • 2.

    If it is confirmed that the user has made a false application or attached false documents in the name of another person.

  • 3.

    If the user clearly expresses refusal to comply with the obligations under the Terms of service or immediately agrees to withdraw.

• ④

  The Company may reject the user's application for use submitted after termination for a certain period.

• ⑤

  Upon termination of the contract, the Company shall delete the data and personal information provided by the user for storage, and shall not be liable for any related responsibility. However, in accordance with related laws and the personal information handling policy, certain personal information may be retained, and some postings or comments that have been scraped, recorded, edited, or modified by other users will not be deleted, so they must be deleted or dealt with before requesting termination of the contract.

Article 17: Compensation for Damages

• ①

  The Company shall not be liable for damages caused by failures, interruptions in the provision of free services, loss or deletion of stored data, tampering, etc., except in cases where the Company’s intentional or gross negligence is involved.

• ②

  If an interruption or discontinuation of paid Services occurs due to the Company’s fault, causing the user to suffer damages, the Company will take comprehensive measures, taking into account the reasonable procedures and methods provided in the "Consumer Dispute Resolution Standards," "Content User Protection Guidelines," and other related laws, to provide sufficient compensation or damages to the user.

Article 18: Exemption from Liability

• ①

  The Company shall not be liable for any loss of expected benefits from the use of the service by the user.

• ②

  The Company shall not be liable for damages caused by materials posted or transmitted by third parties.

• ③

  The Company shall not be obligated to intervene in disputes arising between users or between users and third parties through the service, nor shall it be liable for damages resulting therefrom due to the Company’s fault.

• ④

  Articles 1 to 3 shall not apply to damages caused by the Company’s responsible reasons.

Article 19: Storage of Data

The Company may set a certain period and capacity for posting information and data provided by users according to the Company’s notices and service usage guidelines.

Article 20 Management of Public Posts and Materials

• ①

  The Company may take necessary measures such as suspension, deletion, movement, or refusal of registration (hereinafter referred to as "deletion, etc.") of public posts and materials that fall under the following categories for the establishment of a healthy communication culture and efficient service operation. In this case, the Company shall not be held responsible for the deletion, etc., of posts and materials unless there is attributable reason. In cases where deletion, etc., is carried out by the Company, the procedure under Article 15, paragraph 1 shall be applied.

  • 1.

    Posts or materials suspected of infringing on the legal interests of others, including those requested for deletion by the parties concerned or providing reasons for the Company to be sued or prosecuted.

  • 2.

    Posts or materials containing viruses or other elements that may harm the service.

  • 3.

    Posts or materials exceeding the publication deadline or capacity specified in Article 19.

  • 4.

    Posts or materials violating the provisions of Article 12, paragraph 8, causing significant hindrance to other users' service use.

  • 5.

    Posts or materials subject to deletion requests from government agencies under telecommunications laws or criminal laws.

• ②

  If the Company receives a request for suspension of posting due to infringement of honor, intellectual property rights, or other rights from a third party, it may temporarily suspend (halt transmission) it. The Company shall comply with decisions of relevant institutions such as litigation, agreement between the requester and the poster, or other decisions received by the Company.

• ③

  If posting is temporarily suspended for such posts or materials, the user who posted the material may submit supporting documents to the Company for objections, and if no request for reposting is made within 30 days from the date the reason for suspension is resolved, the Company may delete it.

• ④

  Users may request the Company to delete their posts, and the family members of deceased users may request the transfer, access exclusion, or deletion of the user's posts by proving the fact of death and the family relationship.

Article 21 Provision of Information

• ①

  The Company may publish various information deemed necessary by users during the use of the service or provide (or transmit) it to users through methods such as email, SMS, telephone, or mail. Users may refuse to receive it according to the methods provided by the Company if they do not wish to receive it.

• ②

  Even for users who refuse to receive it according to the preceding paragraph, the Company may provide information through methods such as email for important matters that users must know, such as changes in the Terms of service, Privacy Policy, or other matters affecting users' interests.

• ③

  The Company shall not be liable for losses or damages arising from users' participation in promotional activities of advertisers or the results of transactions unless there is attributable reason.

• ④

  Some Services provided by the Company may contain advertisements, and if members incur data communication charges from mobile carriers during service use and advertisement viewing without using Wi-Fi, they may be charged. Data communication charges are borne by the members according to the contract between the members and the mobile carriers, and inquiries about these costs should be directed to the mobile carriers.

Article 22 Intellectual Property Rights

• ①

  Users shall be responsible for legal responses and results related to disputes with third parties regarding "contents (video files, live cam recordings, mobile recordings, posts on bulletin boards, chat data, etc., provided by users to the service or uploaded while using the service)," and the Company shall not be held responsible for any liability related to such "contents" unless there is attributable reason.

• ②

  The Company does not allow copyright infringement or infringement of intellectual property rights through the service. If it becomes aware or is properly notified that a user's "contents" infringe on the intellectual property rights of others, it may suspend or remove all such "contents" from the service in accordance with the procedures specified in the Copyright Act and other relevant laws. Furthermore, the Company reserves the right to delete, move, or refuse registration of "contents" in accordance with Article 15 or Article 20 if the user's "contents" fall under the categories listed in Article 12, Paragraph 8, or Article 20, Paragraph 1.

• ③

  If the Company obtains permission to use copyrighted works on behalf of users, a portion of the fees paid by users for paid Services will be used to pay for the use fees of such works. However, users must comply with the usage conditions and guidelines for copyrighted works provided or announced by the Company, and users will be held responsible for any violations.

Article 22 Jurisdiction and Governing Law

• ①

  Disputes between the Company and users regarding the use of the service shall be resolved amicably through consultation.

• ②

  If the dispute cannot be resolved amicably under the preceding paragraph, the jurisdiction of litigation shall be determined according to the Civil Procedure Act.

• ③

  The interpretation and application of this Agreement shall be based on Korean laws.

Additional Provisions

(Date of Announcement) These Terms are announced on May 24, 2024.
(Effective Date) These Terms are effective from May 31, 2024.

Article 1 Purpose

These Terms of Use (hereinafter referred to as the "Terms") are intended to regulate the rights, obligations, and responsibilities between METASKY Co., Ltd. (hereinafter referred to as the "Company") and users regarding the use of paid services provided by the Company, as well as other necessary matters.

Article 2 Posting and Amendment of the Terms

• ①

  The Company shall take technical measures to allow users to print and confirm the entire Terms.

• ②

  Before users agree to the Terms, the Company shall provide separate connection screens or pop-up screens to enable users to easily understand important contents such as withdrawal of subscription, etc., as stipulated in the Terms.

• ③

  The Company may amend the Terms within the scope not violating relevant laws such as the 'Content Industry Promotion Act', the 'Electronic Commerce Act', and the 'Act on Regulation of Terms and Conditions'.

• ④

  When amending the Terms, the Company shall notify users of the effective date and reasons for the amendment from seven days before the application date to the day before the application date on the initial service screen. However, in the case of amendments unfavorable to users, the Company shall notify them from 30 days before the application date to the day before the application date through electronic means such as electronic mail, electronic messages, consent windows upon login, etc., in addition to public notification.

• ⑤

  If the Company notifies or informs users of the amended the Terms according to the preceding clause, and if the users do not express their intentions within the notification period specified in the preceding clause, it shall be deemed that they have agreed to the amended Terms without explicit refusal.

• ⑥

  If users do not agree to the application of the amended Terms and conditions, the Company cannot apply the contents of the amended Terms. In this case, users may terminate the service agreement. However, in cases where special circumstances prevent the application of the existing Terms, the Company may terminate the service agreement.

• ⑦

  If the termination of the service agreement under the preceding clause causes damages to users, users may claim compensation from the Company.

Article 3 Interpretation of the Terms

Matters not specified in these the Terms and the interpretation of these the Terms shall be governed by the 'Content Promotion Act', the 'Electronic Commerce Act', the 'Act on Regulation of The Terms', the 'Content User Protection Guidelines' established by the Minister of Culture, Sports and Tourism, other relevant laws, the 'METASKY Terms of Use', or customs.

Article 4 Notification to Users

• ①

  When the Company notifies users, unless otherwise stipulated in the Terms, it may be done through electronic mail addresses within the service or electronic notes.

• ②

  In the case of notification to all users, the Company may substitute the notification under paragraph 1 by posting it on the Company's bulletin board for more than seven days. However, for matters significantly affecting individual transactions, notification under paragraph 1 shall be made.

Article 5 Posting of Paid Service Details

• ①

  The Company shall clearly display the following items on the initial screen of the relevant paid service or in the FAQ section for easy understanding by users:

  • 1.

    Name or title of the paid service

  • 2.

    Name of the paid service provider (name of the corporation in the case of a corporate entity), address, and telephone number

  • 3.

    Contents of the paid service, method of use, fees, and other Terms

• ②

  The recommended specifications for devices capable of using the Company's paid services and the minimum technical specifications required for use shall follow the recommended specification information.

• ③

  The Company shall provide information on the conditions and procedures for exchange, return, guarantee, and refund of fees for paid services when providing paid services.

Article 6 Establishment of Service Agreement, etc.

• ①

  Users shall apply for service use through the following or similar procedures provided by the Company. Before concluding a contract, the Company shall provide information so that users can accurately understand each item and conduct transactions without errors or misunderstandings.

  • 1.

    Confirmation and selection of paid services

  • 2.

    Selection of payment method and entry of payment information

  • 3.

    Confirmation of application for paid service use or consent to the Company's confirmation

• ②

  The Company may reject or suspend approval of a user's application for the following reasons:

  • 1.

    When the user is not using their real name or is using another person's name

  • 2.

    When false information is provided, or when the information requested by the Company is not provided

  • 3.

    When a minor intends to use a paid service prohibited by related laws such as the 'Youth Protection Act'

  • 4.

    When there is no spare equipment related to the service or when there are technical or operational issues

• ③

  The time of establishment of the service agreement shall be the time indicated as 'completed registration' or 'purchase completed' in the application process.

• ④

  To use paid services, users must have a METASKY Corporation account and, after agreeing to the Terms, pay the usage fees according to the usage conditions for each service.

Article 7 Suspension and Change of Paid Services

• ①

  If the Company becomes unable to provide paid services due to reasons such as change of business items, abandonment of business, or integration between companies, the Company shall notify users in the manner prescribed in the Terms and compensate users in accordance with the conditions initially presented by the Company or the provisions of the 'Content User Protection Guidelines' and relevant laws.

• ②

  If there are substantial reasons, the Company may change all or part of the paid services provided according to operational or technical needs, and post relevant information on the initial screen of the service before the change. However, if the changed content is significant or unfavorable to users, the Company shall notify users in the manner prescribed in the Terms, and users who do not agree to the significant or unfavorable changes may terminate the paid service agreement as specified in Article 8.

Article 8 User’s Withdrawal of Subscription and Termination of Contract

• ①

  A user who has entered into a paid service use contract with the Company can withdraw their subscription within a certain period as prescribed by relevant laws. However, certain paid services that are stipulated as non-withdrawable in laws such as the 'Content Industry Promotion Act' and the 'Act on Consumer Protection in Electronic Commerce, Etc.' are excluded. In such cases, the Company will take necessary measures to limit the right of withdrawal as required by relevant laws.

• ②

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  • 1.

    If the defect in the paid service cannot be remedied or corrected by the Company (within one month from the date of receipt of the paid service).

  • 2.

    If the user does not agree to changes in these terms or to service modifications pursuant to Article 7, Paragraph 2 and thus withdraws membership or terminates the paid service use contract.

• ③

  If a user terminates or cancels the paid service use contract in accordance with the previous paragraph, the Company will refund the payment received from the user according to the conditions initially set by the Company or as stipulated by the 'Guidelines for Content User Protection' and relevant laws, and these terms.

• ④

  If the Company, the entity that received the payment for the paid service, or the entity that entered into the paid service use contract with the user are not the same, each entity is responsible for fulfilling obligations related to the withdrawal of subscription to the extent of their respective responsibilities.

Article 9 Company’s Termination and Restriction of Use

• ①

  If a user engages in prohibited acts as defined in the Company Terms, the Company may terminate or cancel the contract or restrict the use of the service for a specified period without prior notice, according to the relevant provisions.

• ②

  If a refund is necessary due to the reasons specified in Paragraph 1, the Company will deduct the amount equivalent to the benefits obtained from the use of the paid service and the refund fee (10% or 1,000 KRW, whichever is greater) and refund according to the following:

  • 1.

    The Company must refund the payment within 3 business days from the date of notifying the user of the termination or cancellation of the contract in the same manner as the payment was made. If it is not possible to refund in the same manner, the Company must notify the user in advance. However, if the payment method requires payment confirmation, the refund must be made within 3 business days from the date of confirmation.

  • 2.

    When refunding the above payment, if the user paid for goods or services using a credit card or electronic currency, the Company will promptly request the business providing the payment method to suspend or cancel the charge. However, this does not apply to cases specified in the main text of Paragraph 2 and the proviso of Item 1 of Paragraph 2.

• ③

  The termination or cancellation in Paragraph 1 becomes effective when the Company notifies the user in the manner prescribed by the Company.

• ④

  Users can file an objection to the Company's termination, cancellation, or restriction of use according to the procedures set by the Company. If the objection is deemed justified by the Company, the Company will promptly resume the use of the service.

Article 10 Period of Use, etc.

Paid services must be used within 5 years from the last usage date. Paid services not used within this period will automatically expire 5 years after the company's final service usage date, based on the commercial statute of limitations. However, if other laws prescribe a shorter statute of limitations, those provisions will apply.

Article 11 Compensation for Damages Due to Defects in Paid Services

The Company handles matters concerning the standards, scope, methods, and procedures of user compensation for damages due to defects in paid services according to the 'Guidelines for Content User Protection'.

Article 12 Limitation of Liability

• ①

  The Company is exempt from liability for providing paid services if it is unable to do so due to changes in relevant laws, natural disasters, or other force majeure events.

• ②

  The Company is not responsible for obstacles to the use of paid services caused by reasons attributable to the user, unless there are reasons attributable to the Company.

• ③

  The Company is not responsible for disputes arising between users or between users and third parties through the medium of paid services unless there are reasons attributable to the Company.

Addendum

(Notice Date) These Terms are announced on May 24, 2024.
(Effective Date) These Terms are effective from May 31, 2024.

Article 1 (Purpose)

The purpose of these Terms of Service (hereinafter referred to as the "Terms") is to regulate the rights, obligations, and other matters between the company METASKY Co., Ltd. (hereinafter referred to as the "Company") and the provider (hereinafter referred to as the "Provider") who uses the 'Villa items' through the online platform ROMANTO provided by the Company to provide various contents (hereinafter referred to as the "Contents") to users.

Article 2 (Definitions)

The definitions of Terms used in this agreement are as follows:

• 1.

  ROMANTO refers to the online platform provided by the Company for providers to offer Contents to users.

• 2.

  Provider refers to a user of Villa who has agreed to this agreement and provides Contents to other users through ROMANTO.

• 3.

  'User' refers to a person who receives 'services' through ROMANTO.

• 4.

  Contents refer to all materials, including videos, images, texts, etc., provided by the provider to users through the Company's 'services' and ROMANTO.

• 5.

  'Service' refers to the provision of all or part of the Contents to users through various methods such as PC and mobile websites, apps, and separate applications (including those embedded in hardware) via wired or wireless networks, such as real-time video and item utilization.

• 6.

  'Villa' refers to a unit space (area) granted to the provider to provide Contents to users through ROMANTO.

• 7.

  'Villa NFT' refers to an electronic certificate proving the rights relationship to Villa.

• 8.

  'Villa Dashboard' refers to the management system provided by the Company to the provider for managing 'services' and other matters provided to users through ROMANTO.

• 9.

  'Sponsorship' refers to the act of an user making a certain amount of payment to the provider through the sponsorship feature of ROMANTO.

• 10.

  'Advertisement' refers to the publication, exposure, or insertion of various materials such as text, images, and videos created to promote companies, brands, services, products, or services.

• 11.

  'Revenue Sharing Reason' refers to the factors that become the subject of revenue distribution related to the operation of the provider's own 'Villa' on ROMANTO.

Article 3 (Amendment of Terms)

• ①

  The Company may amend these Terms within the scope that does not violate the laws such as the 「Regulation of Terms and Conditions Act」 and other related laws.

• ②

  When the Company amends these Terms, it will announce the application date and the reason for the amendment from 7 days before the application date until the day before the application date. However, if the amendment is significant or unfavorable to the Provider, it will be announced 30 days before the application date and notified separately to the Provider via email, etc.

• ③

  If the Company announces and/or notifies the Provider of the amendment of the Terms according to the previous clause, and the Provider does not express their intention within the notified period, the Provider is deemed to have agreed to the amended Terms unless they express their intention to the contrary by the application date.

• ④

  If the Provider does not agree to the application of the amended Terms, the Provider may terminate the use contract. However, if it is impossible to apply the existing Terms, the Company may also terminate the use contract. Such termination shall follow Article 11.

Article 4 (Rules Outside the Terms)

• ①

  Matters not specified in these Terms shall be governed by the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」, the 「Act on Consumer Protection in Electronic Commerce, etc.」, Content User Protection Guidelines, related laws, and the Company usage Terms, the Company paid service usage Terms, content guidelines, and announcements.

• ②

  The Company may, if necessary, establish operational policies related to the use of ‘Villa’ and notify the Provider by posting on the ‘Service’ screen or by other methods, and the Provider shall comply with the operational policies established by the Company.

Article 5 (Conclusion of the Use Contract)

• ①

  The use contract is concluded when the Provider applies for the use contract by agreeing to these Terms through the ‘Villa Dashboard’, and the Company accepts this application.

• ②

  The Company may not accept the application if the Provider does not provide the related information requested by the Company during the application process, provides false or inaccurate information, or violates related laws.

• ③

  The Company may not accept the application if, based on reports, media coverage, or other supporting documents, it reasonably judges that the Provider has or is likely to have the following reasons:

  • 1.

    Committed serious crimes such as sexual offenses, murder, violence, child abuse, robbery, or drug offenses.

  • 2.

    Engaged in continuous self-harm, violence against others, or other similar acts.

  • 3.

    Shared others' personal information without authorization or made severe insults, threats, or defamation against others.

  • 4.

    Engaged in sexual acts without the other party's consent or caused sexual humiliation to others.

  • 5.

    Caused social controversy by spreading false reports or information continuously.

  • 6.

    Made hate speech justifying, promoting, or reinforcing discrimination or violence against a particular group or its members, or actively participated in or supported such a group.

  • 7.

    Engaged in actions that reasonably appear to cause harm or damage to ‘Users’, the Company, or its employees.

  • 8.

    Has a history of illegal activities or is reasonably suspected of providing Contents that does not comply with the ‘Company Terms/Policies’ (including these Terms, the Company usage Terms, the Company paid service usage Terms, content guidelines, announcements, and any separately agreed content with the Company).

• ④

  The time of the conclusion of the use contract is when the Company indicates its acceptance of the application in the previous clause.

• ⑤

  Minors under the age of 14 are not eligible to enter into a ROMANTO app usage contract under these Terms. Minors aged 14 to 19 may apply for the usage contract with the consent of their parents or legal guardians.

• ⑥

  The Company may change the ‘Service’ Policies, such as ‘Support’, ‘How to Use Villa’, etc.

Article 6 (Compliance Matters of the Provider)

• ①

  When providing Contents to ‘Users’ through their ‘Villa’, the Provider must not provide Contents in a manner or with content that violates related laws or the Company’s Terms/Policies. If violated, the Company may take appropriate restrictive measures, such as blocking the violating Contents after notifying the Provider.

• ②

  The Provider must manage the account(s) issued for the use of ‘Villa’ with the duty of care of a good manager and is responsible for any damages caused by failing to do so. If the Company suffers damages due to this, the Provider must compensate for those damages.

• ③

  The Provider must use the ‘Villa Dashboard’ in accordance with the procedures and methods allowed or notified by the Company for the purpose of providing Contents on ‘Villa’.

• ④

  If the Provider receives any compensation or has any economic interest related to Content, they must disclose this in accordance with related laws, guidelines, and instructions. For example, if the Contents includes indirect advertising, various sponsorships, or paid promotions, the Provider must disclose this fact through ‘Villa’.

• ⑤

  The Provider must not provide Contents prohibited by the Company Terms/Policies under any circumstances and is fully responsible for any consequences arising from violations.

• ⑥

  The Provider must constantly monitor for Contents prohibited by the ‘Company Terms/Policies’ and immediately delete any such Contents if discovered or reported.

• ⑦

  The Provider is fully responsible for the storage, management, and operation of their Contents provided through the ‘Villa Dashboard’, and the Company does not guarantee storage or backup unless otherwise specified.

Article 7 (Intellectual Property Rights and Guarantee of Legality of 'Content')

• ①

  The copyright of the Contents provided by the Provider is, in principle, attributed to the Provider.

• ②

  The Provider must not infringe on any third party's intellectual property rights or personality rights, including copyrights, trademark rights, patent rights, name rights, portrait rights, publicity rights, etc., and guarantees that they have obtained all necessary rights and permissions to legally ‘Service’ the Contents on ‘Villa’ under the use contract.

• ③

  The Provider grants the Company the right to use the Contents to the following extent:

  • 1.

    The Company can ‘Service’ the Contents to ‘Users’ worldwide through ROMANTO.

  • 2.

    The Company can edit the Contents within the scope that does not damage its essential content or the reputation of its performers to enhance the convenience of ‘Services’ provided to ‘Users’ on ROMANTO.

  • 3.

    The Company can edit the Contents for the purpose of promoting and marketing ROMANTO and ‘Content’, and use it on services of the Company or affiliated services (such as SNS).

• ④

  The Provider guarantees that they have complied with all legal obligations such as review or marking required for the ‘Service’ of the ‘Content’, and that the Contents does not include any illegal content that violates related laws such as the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 or infringes on the rights or reputation of any third party.

• ⑤

  If the Provider violates the guarantees in this article and the Company faces claims of rights infringement, lawsuits, disputes, or sanctions from state agencies, the Provider shall indemnify the Company and compensate for any damages incurred by the Company. In such cases, the Company may suspend the ‘Service’ of the Contents and terminate the use contract with the Provider until the Provider proves the legality of the Contents (e.g., court rulings, prosecutorial non-indictment).

Article 8 (Revenue Sharing)

• ①

  Only ‘Providers’ who have activated ‘Support Activities’ through the ‘Villa Dashboard’ (hereinafter referred to as ‘Revenue-Generating Providers’) can receive revenue shares according to these Terms.

• ②

  ‘Revenue-Generating Providers’ cannot simultaneously transmit real-time video content ‘Serviced’ through ROMANTO on other similar services. However, simultaneous transmission is possible only with prior written agreement from the Company.

• ③

  ‘Revenue-Generating Providers’ must not receive or solicit support through methods other than the ways provided by ROMANTO while ‘Servicing’ Contents through ROMANTO, and such content must not be exposed in ‘Content’.

• ④

  If revenue is generated for ‘Revenue-Generating Providers’ based on ‘Revenue Sharing Reasons’, the revenue share will be calculated as follows:

  • 1.

    Revenue sharing target: The amount from which various costs (in-app payment fees [app market fees incurred during in-app payments], PG Company fees [fees per payment method], refunds [amount refunded to ‘Users’ according to laws or the Company Terms/Policies], etc.) have been deducted from the sales amount generated by the ‘Revenue Sharing Reasons’. (Refund costs incurred during the current month are reflected in the revenue calculation for the following month.)

  • 2.

    Profit Distribution Criteria: Follows the following profit distribution ratios based on 'reason for profit distribution' and grade.

    Reason for Profit Distribution	Grade	Profit Distribution Ratio
    Item Sponsorship	A Grade	Provider 60 : Company 40
    	S Grade	Provider 70 : Company 30
    	SS Grade	Provider 80 : Company 20
    Advertisement		Follows the Company's advertisement revenue distribution guidelines

  • 3.

    Profit Distribution Payment: The amount calculated by applying the profit distribution ratio to the Provider as the subject of profit distribution.

• ⑤

  The Company determines the details of the timing, type, etc., of placing advertisements within the 'service' and 'content'.

• ⑥

  The Company distributes profits to 'profit-generating providers' once a month. 'Profit-generating providers' can receive 'profit distribution payments' from the Company if they satisfy all of the following conditions as of the end of the previous month:

  • 1.

    The payment account entered by the 'profit-generating provider' must be a valid account in the name of the Provider.

  • 2.

    All necessary materials and related information for payment must be validly entered.

• ⑦

  The Company is not obliged to pay the 'profit distribution payment' if the conditions of Article 7 are not met. Any 'profit distribution payment' not paid to the Provider due to unmet conditions will expire five years from the date each 'profit distribution payment' was generated.

• ⑧

  The Company must provide supporting data for the 'profit distribution payment' upon request by the 'profit-generating provider'.

• ⑨

  The Company may change the 'profit distribution criteria' based on the Company’s and ROMANTO service circumstances and will notify or announce such changes in advance.

• ⑩

  If the 'profit-generating provider' does not enter settlement information in the 'Villa Dashboard', the 'profit distribution payment' will accumulate in the 'profit-generating provider's 'Villa' account and will be paid in a lump sum on the first settlement date after the settlement data is entered.

• ⑪

  The Company may deduct or withhold settlement for any expenses incurred due to the 'profit-generating provider's fault from the 'profit distribution payment'.

Article 9 (Usage Restrictions, etc.)

The Company may restrict the usage of the Provider by methods such as warnings, content exposure restrictions, or Villa usage restrictions, if there is a violation of relevant laws, this agreement, or guidelines, or if there is reasonable suspicion of such illegal or improper acts and will notify the Provider of this.

Article 10 (Service Suspension)

• ①

  The Company may temporarily suspend the ROMANTO or 'Villa Dashboard' service in the following cases:

  • 1.

    When regular inspections and maintenance are necessary.

  • 2.

    When there are reasons attributable to a third party, such as the suspension of telecommunication services by a telecom provider.

  • 3.

    When normal services are impossible due to force majeure events such as natural disasters or national emergencies.

  • 4.

    Other technical or business obstacles beyond control.

• ②

  In the event of service suspension under this article, the Company will notify the reason and period of suspension in advance. However, if it is unavoidable to notify in advance, it may be done afterwards.

Article 11 (Compensation for Damages)

The Company or the Provider shall be liable for damages caused to the other party by intentional or negligent violation of this user agreement.

Article 12 (Company's Exemption)

• ①

  The Company only provides the 'Villa' for the Providers Contents service, and unless there is intentional or gross negligence by the Company, the responsibility for the 'content', services, and related information provided by the Provider lies with the Provider. The Company will not intervene in disputes between 'providers' and 'users', and all responsibilities resulting from such disputes are borne by the Provider, unless there is intentional or gross negligence by the Company.

• ②

  If there is a legitimate request from a rights holder, the Company can delete or modify the problematic information, and the Provider cannot claim damages from the Company for this.

• ③

  The Company may temporarily suspend the provision of ROMANTO or 'Villa Dashboard' in the event of maintenance, inspection, replacement, breakdown of information and communication facilities like computers, or communication disruptions. The Company is not liable for any damages unless there is intentional or gross negligence. The Company is also not responsible for any intangible or tangible damages caused by force majeure events like natural disasters, wars, riots, terrorism, hacking, equipment failures, etc.

• ④

  The Company may provide information about the Provider to investigative agencies if requested according to lawful procedures stipulated in the Telecommunications Business Act and other related laws.

• ⑤

  If the Provider engages in illegal activities, the Company may submit relevant information to investigative agencies to request an investigation, and the Provider consents to this.

Article 13 (Termination of User Agreement)

• ①

  The Company may terminate the user agreement concluded with the Provider according to Article 5 if the following reasons occur. The Company will notify the Provider of the termination in accordance with this article:

  • 1.

    If the Provider violates relevant laws, the Company's Terms/policies related to the 'service', and does not rectify it within 7 days after being requested to do so by the Company.

  • 2.

    If the Provider becomes subject to financial institution transaction suspensions, commencement of rehabilitation and bankruptcy procedures, business suspension and cancellation administrative measures, preservation measures for major assets, business transfer and merger, etc., making it impossible to perform the user agreement.

  • 3.

    If the Company's reputation is damaged or the service's reputation is harmed due to the Provider’s fault.

  • 4.

    If the Provider does not cooperate in verifying identity-related matters, making it difficult to use payment and settlement services according to relevant laws.

  • 5.

    If it is confirmed that there are reasons for refusal of acceptance stipulated in Article 5, Paragraphs 2 or 3, or if the Provider engages in actions that fall under the reasons for refusal of acceptance stipulated in Article 5, Paragraph 3 after the contract is concluded.

  • 6.

    If the Company decides to terminate the ROMANTO or 'service' due to business decisions.

  • 7.

    Other reasonable reasons recognized as necessary for termination of the user agreement.

• ②

  The Provider may request termination at any time from the 'Villa Dashboard'. However, if a separate supplementary agreement or contract is concluded, termination can be requested after separately agreeing with the Company.

• ③

  The Provider may withdraw the termination request within 7 days from the application date. After 7 days, the termination will be completed, and all data will be deleted and cannot be recovered.

• ④

  If the Provider requests termination of the user agreement, the 'Villa Dashboard' cannot be used for 90 days from the final termination date, and it can be used again after 90 days.

• ⑤

  If there is any remaining 'profit distribution payment' for the Provider, the Provider can withdraw after receiving all remaining profit distribution payments on the settlement date, or can immediately request withdrawal and terminate the contract by forfeiting the remaining profit distribution payment.

• ⑥

  When the user agreement is terminated under this article, all videos/images/posts, followers, subscribers, analysis/statistics in the 'Villa Dashboard', and all data in the Providers 'Villa' will be deleted and cannot be recovered. However, data that must be retained according to relevant laws will be stored for a certain period and then destroyed.

Article 14 (Prohibition of Assignment)

The Company and the Provider cannot dispose of (meaning any disposal action such as transfer to a third party or establishment of a pledge) the rights and obligations under this user agreement without prior consent from the other party.

Article 15 (Confidentiality)

The Company and the Provider cannot provide any information acquired from the other party during the process of concluding and executing the user agreement to third parties or disclose it to the public.

Article 16 (Governing Law and Jurisdiction)

• ①

  The laws of the Republic of Korea shall govern this agreement, and the courts of the Republic of Korea shall have jurisdiction.

• ②

  In the event of a dispute related to this user agreement, it shall be resolved in a court of competent jurisdiction in accordance with the Civil Procedure Act.

Article 17 (Miscellaneous)

If there are additional matters to be determined outside of what is stipulated in this agreement, they can be agreed upon through supplementary agreements or contracts, and any supplementary agreements or contracts concluded separately shall become part of the user agreement according to this agreement. For matters not separately stipulated in the supplementary agreements or contracts, this agreement shall apply.

Addendum

(Notice Date) These Terms are announced on May 24, 2024.
(Effective Date) These Terms are effective from May 31, 2024.