bitsensing Inc., provides wellness application Wellune. Before you start using the service, please read the following terms and conditions and the privacy policy.
Article 1 (Purpose)
•
The purpose of these Terms and Conditions is to stipulate the rights, obligations and responsibilities and other necessary matters between the Company and the Member in relation to the use of the Wellune Service and the Wellune Application for PC and mobile devices (hereinafter referred to as the "App") developed and operated by bitsensing Corporation (hereinafter referred to as the "Company").
•
These Terms and Conditions shall also apply mutatis mutandis to wellune services provided through mobile devices sold through e-commerce using PC communication, wireless communication, etc., as long as they are not contrary to their nature.
Article 2 (Definition of Terms)
•
‘Member’ means a person who has been granted the qualification to use the Wellune app service by downloading the Wellune app to the device and agreeing to these terms and conditions and signing a contract with the company to use the Wellune app service, including ‘corporate members.’ Unless there is a specific reason, the name of the device, such as a smartphone or tablet PC with the app installed, is considered a member.
•
‘Service’ refers to any service provided by the company through the Wellune app, such as providing sleep reports and notification services.
•
'Device' means a device, such as a smartphone or tablet PC, on which the App can be installed and operated.
•
The term ‘company’ means a business operator who has agreed to the separate terms and conditions of use of the Wellune system and has entered into a contract with the company to use the Wellune system. The company uses the Wellune system provided by the company to use various services necessary for the management of the company's member health and operation of the company.
•
The term "company member" means a person registered as a member of a "company", who receives information continuously through the "company", and trades services provided by the "company". A "company member" can become a "member" through the membership registration process.
•
"Personal Information" means information that, alone or easily combined with other information, can identify a living individual, such as a phone number.
•
'Sensor Data' means information collected through Sensors.
•
The definitions of the terms used in these Terms shall be as stipulated in the relevant laws and regulations and service-specific policies, except as stipulated in this Article, and anything not stipulated herein shall be subject to general common practice.
Article 3 (Effect, Application, and Change of Terms)
•
These Terms are posted on the website operated by the Company or within the Wellune App. If you download the Company's app and use the content and services, you are deemed to have agreed to these Terms. You are subject to these Terms from the time you agree to these Terms, and if there is a change in these Terms, you are subject to the changed Terms from the time the change becomes effective.
•
We may change these Terms as we deem necessary, provided that such changes do not violate applicable law. If the Company changes the Terms, the Company shall notify online on the website 7 days prior to the effective date, specifying the date of application and the reason for the revision, along with the current Terms. However, if the contents of the Terms are changed to the disadvantage of the Member, it will be notified 30 days in advance from the date of application. The revised Terms shall be effective from the date of publication or notification.
•
By agreeing to these Terms, you agree to periodically visit the Website or Wellune App to check for any changes to the Terms. The Member shall fulfill the duty of caution regarding any changes to the Terms, and the Company shall not be liable for any damage caused by the Member's failure to recognize information about the changed Terms.
•
The Member has the right to object to the changed Terms. Members who have objections to the changes to these Terms may stop using the Service and terminate the Use Agreement (withdrawal of membership). If the Company notifies the Member of the changed Terms pursuant to Paragraph 2, stating that the Member shall be deemed to have agreed to the change in the Terms if the Member does not express his/her objection by the effective date of the change in the Terms, but the Member continues to use the Service after the effective date of the changed Terms, the Member shall be deemed to have agreed to the changed Terms.
Article 4 (Services to be Provided)
•
The Company provides the following services to Members
a. Provides wellness reports with room detection, real-time breathing patterns, sleep scores, and more
b. Dangerous situation notification, such as fall notification, undetected for more than a certain time, etc.
c. Sensor lighting control, etc.
d. Other services determined by the 'Company’
•
The Company may provide some services for a fee, and the paid service can be used only by paying the fee specified in the service.
Article 5 (Interruption of Services, etc.)
•
The services provided by the Company shall be provided 24 hours a day, 7 days a week, 365 days a year. However, the Company may temporarily suspend the provision of all or part of the Service if necessary for operational purposes, such as maintenance and maintenance of the Company's system, expansion and replacement of servers, addition of new content, and patching of various bugs.
•
The Company may restrict or suspend all or part of the Service in case of unavoidable reasons such as wars, events, natural disasters, or similar national emergencies, or the suspension of telecommunications services by a telecommunications service provider pursuant to the Telecommunications Business Act.
•
If the Company suspends or restricts the use of the Service, it shall notify the Member without delay by notifying the reason, period, and scheduled date of restoration on the initial screen of the App or service announcement. However, if there are unavoidable circumstances that cannot be notified in advance, it may be notified afterward.
•
The Company may change the Service according to operational or technical needs for smooth service provision, and will notify the contents in the Service before making changes. However, if it is unavoidable to make changes such as fixing bugs and errors or emergency updates, or if it does not constitute a significant change, the Company may notify you after the fact.
•
The Company may discontinue the Service if it is difficult to continue the Service due to significant business reasons, such as the abolition of the business due to business transfer, division, merger, etc., expiration of the contract for content provision, or significant deterioration of the profit of the Service. In this case, the date of discontinuation and the reason for discontinuation shall be announced on the initial screen of the app or its connection screen, other service provision screens such as the company's website, etc. at least 30 days prior to the date of discontinuation, and the member shall be notified by text message, app notification, email, etc.
Article 6 (Membership)
1.
Individuals or companies who wish to become members shall apply for membership through the App by filling in the membership information in accordance with the form prescribed by the Company and expressing their agreement to these Terms.
2.
The Service Use Agreement shall be concluded by the Company's acceptance of the application in the preceding paragraph, and the Company may refuse to accept the application that falls under any of the following subparagraphs.
•
If the name is not the real name or if the name or information of another person is used
•
If the contents of the application are falsely stated or the requirements for the application are not met
•
If you use the Service through an unusual or circumvented method in a country where the Company does not provide the Service
•
If the user applies to use the service for the purpose of conduct prohibited by relevant laws and regulations or for the purpose of undermining the well-being and order of society or public morals and customs
•
If you are revoked from membership due to violation of the Terms of Use and rejoin within 2 years
•
If acceptance is deemed inappropriate for any other reason falling under each of the preceding paragraphs.
3.
If you successfully log in with the ID and password you applied for membership, the membership process is complete.
4.
The Member shall notify the Company within a reasonable period of time if there is any change in the information registered at the time of membership registration by modifying the membership information. The company is not responsible for any damage caused to the member due to the change that the member did not inform.
Article 7 (Withdrawal of Membership and Disqualification)
1.
Withdrawal of Membership
•
The Member may request the Company to withdraw from membership at any time, and the Company shall process the request without delay. However, if it is necessary to fulfill a transaction contract that has already been concluded, these Terms and Conditions will continue to apply.
•
If you are unable to log in with your existing ID and password, the membership withdrawal process is complete.
•
If you do not remove the sensor after withdrawing your membership, the sensor will continue to collect data. However, the data collected by the sensor immediately after withdrawal will not be transmitted to the server.
•
Even after the withdrawal is completed, the company keeps the ID of the withdrawn member for a grace period of 30 days. The stored information is used to restore the ID and password that were previously subscribed if the withdrawn member re-registers by requesting re-registration within the grace period.
•
If the member does not rejoin within the grace period after withdrawal, all information of the withdrawn member will be immediately destroyed.
•
The company does not delete the sensor data of the withdrawn members, but keeps them under a pseudonym. Even after withdrawal, pseudonymized data can be used for statistics, scientific research, and public interest records.
•
Members may terminate the Service Use Agreement at any time by withdrawing their membership, and in this case, the Company shall not be liable for any damages caused to the member without any cause attributable to the Company.
2.
Re-enrollment
•
If a member who has withdrawn from the service wishes to rejoin after the grace period has elapsed, he/she may agree to these terms and obtain a new ID and password.
•
Re-subscription is complete when you log in with the newly issued ID and password.
•
Re-subscription within the grace period does not recover other information such as ID and password, member information, and sensor data.
3.
Loss of Membership
•
The Company may take measures, including suspension of service use, if a member commits any of the following acts or violates the operating policies set forth separately in the App. In the case of serious violations falling under any of the following items, the Company may immediately suspend the Member's use of the Service without prior notice and may terminate the Service Use Agreement with the Member in accordance with these Terms. In this case, the Member shall be responsible for all damages incurred, and the Company may notify governmental or judicial agencies of the Member's prohibited acts if necessary.
a. Registering false information when registering for membership or applying for the Service
b. Stealing the ID and password of another person, or intentionally interfering with the operation of the Service
c. If you use the Service to defame others or engage in behavior that causes disadvantage or offense to others
d. Using the Service using an invitation code sent by mistake
e. Transmitting a large amount of information for the purpose of interfering with the stable operation of the Service or transmitting advertising information
f. Disseminating virus programs, etc. that cause malfunction of information and communication facilities or destruction of information, etc.
g. Infringing the intellectual property rights of the Company and other members or others while using the Service
h. If there is a request for correction from a government agency or if you receive a voter interpretation from the Election Commission in connection with an illegal election campaign
i. Reproducing or distributing information obtained by using the Company's services without the prior consent of the Company or using it commercially
j. Using the service or accessing the system in an abnormal manner other than in accordance with the method of using the service provided by the Company
k. Using the services provided by the Company by stealing another person's name, card information, account information, etc.
l. Making abnormal payments in a manner prohibited by laws and regulations such as the Credit Specialized Financial Business Act, such as financing under the guise of selling goods or providing services
m. The act of transferring, bequeathing, or pledging the right to use the service or one's status under other use contracts to others
n. The act of unreasonably using the services of a seller or company by showing an attitude as if they had not received a refund after requesting the company to cancel a reservation or process a refund
o. An act of requesting a refund from the company by showing an attitude that a member does not use after using a previously paid right, etc. to a seller or company or using a service, etc. equivalent to the existing payment details
p. Any act of exploiting cancellation or refund regulations to damage or cause repeated disputes to the seller or the company or the company
q. Other illegal or unfair acts that violate these Terms and Conditions or related laws and regulations.
•
Members may raise an objection to the company's suspension of service use in the preceding paragraph within 30 days from the date of receipt of the notice of such action.
•
If the Company recognizes that the objection of the Member to the Discontinuance of Service is justified, the Company immediately resumes the use of the Service to that Member.
•
The information of a Member whose membership has been terminated pursuant to this Article shall be retained for two years after the termination of membership is confirmed to prevent unauthorized use of the Wellune Service and to prevent further damage to other Members, and the Member may not rejoin and use the Service during this period.
Article 8 (Notification to Members)
•
When the Company notifies a Member, it may do so to the e-mail address designated by the Member in advance by the Company.
•
In the case of notification to a large number of unspecified members, the company may substitute for individual notifications by posting them on the service apps or on the company's official website bulletin board for more than a week. However, individual notifications shall be made for matters that have a significant impact on the member's own transaction.
Article 9 (Purchase of Paid Services and Payment Methods)
1.
Paid services purchased by members within the Service may only be used on the mobile device on which the app is downloaded or installed, and may not be reproduced, transmitted, rented, or otherwise made available to third parties.
2.
The services provided by the Company can be paid for in one of the following two ways depending on the type of member. The purchaser is solely responsible for the information entered for payment or settlement.
•
Corporate Members
a.
In principle, the purchase price for content is charged according to the methods and policies set by mobile operators, open markets, and apps, and the payment method is also set.
b.
Payment can be made through phone banking, Internet banking, and account transfer according to the company's policies, policies of payment companies (mobile carriers, open market stores, application stores, etc.), and the government's policies.
c.
Payment limits may be assigned for each payment method.
•
Individual Members
a.
General members shall pay the service usage fee at the time of purchase of each product or separately according to the rate or standard set by the Company.
b.
Payment can be made through a payment agency.
3.
Corporate members must pay fees or usage fees to the company according to the service provided by the company or the use of related services. At this time, the specific amount or calculation method of the fee or usage fee will be determined according to the terms, consultations, and agreements agreed separately by the company and its members.
Article 10 (Withdrawal of Subscription and Refund of Purchase Price)
•
The paid services and app internal contents (hereinafter referred to as "Paid Services, etc.") provided by the Company to the Member are divided into services that can be withdrawn and services whose withdrawal is restricted by relevant laws and regulations such as the "Content Industry Promotion Act" and the "Act on Consumer Protection in Electronic Commerce, etc.".
•
For paid services that can be withdrawn, the subscription may be withdrawn within 7 days from the late date of purchase or availability. However, if the sensor provided after purchase of the service that includes sensor provision is damaged or it is difficult to resell it due to installation and use, it is impossible to withdraw the subscription only for the price of the sensor. In addition, the withdrawal of subscription may be restricted for services that fall under the reasons for the restriction of withdrawal of subscription prescribed by relevant laws and regulations, and the fact that the withdrawal of subscription is restricted for services that are restricted from withdrawing subscription shall be displayed on the connection screen before payment.
•
In the event of a subscription withdrawal pursuant to the preceding paragraph, the Company shall refund the payment within 3 business days from the date the Member withdraws the subscription. In this case, if the Company delays the refund, the Company shall pay the delayed interest calculated by multiplying the period of delay by the rate prescribed in the Act on Consumer Protection in Electronic Commerce and Enforcement Decree of the same Act, Article 21(3).
Article 11 (Privacy)
•
The Company shall collect the minimum amount of personal information necessary for the performance of the Service from the Member and shall obtain the Member's consent prior to collection. The Company shall use the Member's personal information only for the purpose of collection and use for which the Member has consented, and shall not use it for any other purpose.
•
In addition to the information directly provided by the Member in the course of using the Service, the Company may collect and use other information such as the Member's smartphone (settings, specifications, operating system, version, etc.), location information, and other information in accordance with the procedures prescribed by relevant laws and regulations, or provide it to a third party. In this case, the Company shall obtain the necessary consent from the Member in accordance with the relevant laws and regulations or comply with the procedures prescribed by the relevant laws and regulations.
•
The Company endeavors to protect the personal information of its members in accordance with the relevant laws and regulations on personal information protection, and you can check the details of the Company's personal information processing at any time through the Privacy Policy.
•
The Company's Privacy Policy does not apply to linked sites other than the Company's official site or app. Members are responsible for checking the privacy policies of linked sites and third parties providing services, and the Company is not responsible for the privacy policies of such sites and third parties.
Article 12 (Obligations of the Member)
•
The Member shall comply with these Terms and any notices provided by the Company in connection with the Service, and the Member shall be responsible for any loss or damage caused by violation or failure to comply with these Terms and any notices.
•
A member shall faithfully work to resolve the dispute in the event of a dispute in the purchasing procedure of a seller or enterprise. In the event of damage to the seller, enterprise, and company due to an insincere attitude in the dispute resolution process, the member shall bear such losses and damages.
•
The Member shall bear any liability and disadvantages incurred in connection with the information entered by the Member in connection with the payment of the payment and any errors in such information, but this shall not apply if the Member is not intentionally or negligently negligent.
•
The Member shall cooperate with the Company so that the Company can provide the Service safely. If the Company discovers any violation of these Terms by the Member and requests the Member to explain the violation, the Member shall actively respond to the Company's request.
Article 13 (Provision of Information and Placement of Advertisements)
•
In operating the Service, the Company may provide various information related to the Service to the Member by directly posting it on the App, or by sending emails, texts, or KakaoTalk notification messages.
•
The costs required for the Company to provide free services to members are based on investment funds, or part of the costs are derived from revenue through the placement of advertisements. Therefore, members agree to the placement of advertisements exposed on the service screen when using the service.
•
With the consent of members, companies, sellers (companies), and affiliates may send commercial e-mails, SMSes, and DMs for commercial purposes, or make information solicitation calls. If a member clearly expresses his or her refusal to receive it, the company shall immediately stop it. The company does not engage in unfair labeling and advertising activities prescribed in Article 3 of the Act on Fair Labeling and Advertising for goods and services.
•
If the Member uses the advertisement posted on the Service or uses other products for the advertiser's promotional activities through the Service, it is entirely a legal relationship between the Member and the advertiser, and all issues such as disputes between the Member and the advertiser arising therefrom shall be resolved directly between the Member and the advertiser, and the Company shall not bear any responsibility in this regard.
•
With the consent of the Member, the Company may send marketing information for discounts or utilization of the Service to the Member's email address, SMS, DM, or smartphone push notification. Members may withdraw their consent to receive marketing information at any time in accordance with applicable laws, and the Company will stop providing marketing information immediately upon withdrawal. (However, there may be a time difference in reflecting the service system.)
Article 14 (Data Ownership and Disclosure of Information)
•
The right to use the Member's data that the Member has agreed to collect and use and provided to the Company in the course of using the Service shall be owned by the Company within the period and purpose agreed to by the Member, and may be used or utilized for research and development purposes necessary to provide higher quality services.
•
The Company may compile and use statistical data using pseudonymized information of the Member's personal information in connection with its business, and for this purpose, the Company may utilize cookie information and device information collected by the app installed on the Member's device, or send emails, SMS, DM, push notifications, etc. using the contact information provided by the Member. The Member may refuse to do so, and the Member is responsible for any disadvantages incurred due to restrictions on the use of the Service by changing the settings.
•
Corporate membership information registered in the administrator's system may be linked to membership information using Wellun with the consent of corporate members.
•
The Company shall comply with laws and regulations related to the operation and maintenance of the Service, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
Article 15 (Company's Disclaimer)
•
If the Company is unable to provide the Service temporarily or permanently due to reasons beyond the Company's control, such as natural disasters or similar force majeure, maintenance and inspection of information and communication facilities, strikes, changes in relevant laws and regulations, orders and instructions of related organizations, replacement or breakdown, or interruption of communication, the Company shall be exempted from liability for the provision of the Service and damages caused thereby, unless the Company is intentionally or grossly negligent.
•
The Company is not responsible for verifying the accuracy, validity, and authenticity of the information provided by users and members, and shall not be liable for any damages caused by errors in the information provided by users and members.
•
The information provided by the Company to the User in the course of the Service shall be used only for the purpose for which it is provided, and the Company shall not be liable for any consequences of the User's use other than the purpose for which it is provided.
•
The Company shall not be liable for any service use disruptions or accidents caused by the Member without any cause attributable to the Member.
•
The Company has no obligation to intervene in disputes arising from the mediation of services between its members and businesses, nor is it liable to compensate for any damages resulting from such disputes.
•
The Company shall not be liable for the use of services provided by the Company free of charge unless there are special provisions in the relevant laws. The Service provides healthcare services for health, but is not a medical practice such as diagnosis. Therefore, the information provided by the Service cannot replace a doctor's diagnosis or prescription, and consultation with a doctor is necessary for diagnosis and treatment decisions. The Company shall not be liable for any injuries caused by using the Service without consulting a doctor despite having health problems.
•
In addition, the Company shall not be liable for any damages caused without intention or negligence of the Company.
Article 16 (Compensation for Damages)
•
If the Company or a Member violates the provisions of these Terms and Conditions and causes damage to the other party, the Company shall compensate for the damage. However, this shall not apply if there is no intention or negligence.
•
If a member receives various objections, including claims for damages or lawsuits, from a seller (Company) or a third party other than the member due to illegal acts or violations of these terms and conditions while using the service, the member shall indemnify the company at his or her own responsibility and expense. If the company is not exempted, the member shall compensate the company for all damages incurred.
Article 17 (Member's Grievance)
•
If a dispute arises between the Member and the Company in connection with these Terms, the parties shall cooperate with each other for an amicable resolution.
•
The Company shall do its best to reflect the legitimate opinions or complaints raised by the Member in connection with the use of the Service and to compensate for the damage.
•
If the Company objectively recognizes that the opinions or complaints raised by members in connection with the use of the Service are justified, the Company shall promptly handle them within a reasonable period of time. However, if it is difficult to handle promptly, the Company shall notify the member of the reason and the processing schedule.
•
If the Company determines that it is difficult to resolve a dispute on its own, it may transfer the dispute to the following external organizations, and from the time of transfer, the Company shall trust the opinions of the transferred organization, including the recommendation for dispute mediation, and handle dispute-related business based on this.
◦
◦
◦
◦
Korea Information and Communication Industry Promotion Agency's Electronic Document and Electronic Transaction Dispute Mediation Committee ( https://www.ecmc.or.kr/ )
◦
•
The competent court for litigation concerning disputes arising between the company and its members shall comply with the Civil Procedure Act, and the governing law shall apply to the laws of the Republic of Korea.
By-laws
Article 1 (Effective Date)
These Terms and Conditions shall be applied from August 3, 2022.
