These terms and conditions set out the rights and obligations between 'BRIGHTN' incorporated (hereinafter referred to as 'BRIGHTN') and the 'user,' concerning the use of all wipshot website and mobile application (hereinafter referred to as 'product') provided by 'BRIGHTN'.
Definition and Interpretation of Terminology
- An 'account' refers to a login account generated by an email address and password necessary for using the 'product.'
- The 'user' refers to an individual who agrees with these terms and conditions and uses the product after applying and being granted an account.
- The 'screen' refers to identifiable individual units expressed in the website and the mobile application where the 'product' is available.
- 'BRIGHTN' posts these terms and conditions on the screen of the product or makes a notice otherwise, and the terms and conditions become effective to all 'users' who agree to these terms and conditions.
- 'BRIGHTN' may change these terms and conditions when it deems it necessary. 'BRIGHTN' may make a notice on the content, the reason for an amendment, and the effective date of an amendment of these terms and conditions seven days before the amended terms and conditions take effect. In cases where unfavorable amendments are made to the 'user,' the notice on such amendments shall be posted on a random 'screen' 30 days before such amendments take effect.
- Despite the notice of changes in the terms and conditions, if the 'user' disagree that such changes shall take effect, the 'user may stop using the product and terminate the use contract.
- It is considered that the user agrees with changed terms and conditions by continuing to use the 'product' after changes in the terms and conditions take effect.
Application for Account
The 'user' may apply for an account to use the 'product' by agreeing with these terms and conditions, and 'BRIGHTN' grants an account to the 'user' to allow the user to use 'product.' However, 'BRIGHTN' may decline the application for an account in one of the four following situations. In particular, in cases where the user is under 14, it requires consent by a parent or a legal guardian.
- 1. When the user applies for an account using the personal information of another individual, such as the name or email address
- 2. When there is no more capacity in providing the product
- 3. When it is considered there are technical problems in providing the product
- 4. Other situations in violation of applicable laws or the regulations set by 'BRIGHTN' such as operational policies
The 'user's' 'account' may only be accessed by the 'user,' and the 'user' is responsible for maintaining the password securely in order to prevent any unauthorized activities by any other individual.
The Use of Product
- The 'user' may use the 'product' freely in accordance with 'BRIGHTN's terms and conditions. However, in the event of 'prohibited activities' committed by the user, 'BRIGHTN' may restrict the use of product promptly without notice.
- The 'user' shall not prevent the provision of the 'product' nor access the 'product' by means other than provided by 'BRIGHTN' or other unauthorized means.
- The 'user' shall not obtain the rights of a third party (including the property right) nor the personal information of a third party.
- The 'user' shall not copy, transmit nor share pornographic or violent images, voices, text messages, or other information injurious to public morals using the 'product.'
- The 'user' shall not copy, change, distribute, sell, transfer, lend, provide as collateral or allow other individuals to use all or part of the software included in the 'product' without prior consent by 'BRIGHTN.'
- The 'user' shall not reverse-engineer, attempt to extract the source code of the software, disassemble, recreate, or make other changes in the 'product.'
- The 'user' shall not commit other illegal activities.
Paid Plan Price and Payment
- ‘BRIGHTN, Inc.’ will charge you once on the date of application for the ‘Paid Plan’ of ‘wipshot’, then a recurring payment will be processed on the same date of every month. However, should the same date cease to exist due to a different last day of each month, we will charge you on the last day of the month.
- Payment for a ‘Paid Plan’ will be processed via ‘credit card’ or ‘paypal’.
- The "user" shall check whether the information entered by the user is correct in relation to the payment of the "Paid Plan", and shall bear all the responsibilities and disadvantages incurred in connection with the information.
- The 'user' is required to pay for the 'Paid Plan' including tax. 'Tax' is specified under the National Tax Law, the address of payment information contracted by 'User'.
- If 'user' does not pay the billed amount, the service will be immediately suspended, and the service will be available again after payment is processed for the outstanding amount.
- A 14-day trial period is provided before the ‘Paid Plan’ is charged, and if you have not applied for the ‘Paid Plan’ after the end of the trial period, your service plan will be changed to the ‘Free Plan’
Termination of Contract
- 'User' can always apply for termination of the service contract at any time on the Payment management screen.
- From the date of application for termination of the contract to the next payment date on the Payment management screen, the "Paid Plan" will be serviced, and the payment will be canceled from the next payment date.
- The user's data is kept in accordance with the relevant laws and regulations and will not be deleted for a certain period even after the user terminates the service contract.
- If the user cancels the service contract and then renews the service contract while the data is still alive, the archived data can be used again.
Deleting of 'Account'
- When the user no longer wishes to use the 'product,' the user can request for deleting the 'account' at any time via the menu provided in the product, e-mail, customer service center of the product.
Access and Rights to Use User Data
Intellectual Property Rights
- 'BRIGHTN' reserves all intellectual property rights regarding the 'product,' and the 'user' shall not infringe such rights.
Compensation for Damage
- 'BRIGHTN' shall indemnify users from damages arising out of the negligence or willful misconduct of 'BRIGHTN' in accordance with applicable laws when users use products. Provided that, however, 'BRIGHTN' shall not be liable to users for failure to provide products due to force majeure or any event beyond the control of 'BRIGHTN' or users being unable to use the products due to the negligence or willful misconduct of users.
- To the extent permitted by applicable laws, 'BRIGHTN' shall not agree nor guarantee any other specific matters not set out in these terms and conditions regarding the use of the 'product'. It means that 'BRIGHTN' shall not be responsible for special, indirect, and other punitive damages that are impossible to predict in a conventional manner or incurred by special causes unless there are separate provisions under applicable laws.
- 'BRIGHTN' shall not be obliged to mediate disputes among users or between a user and a third party regarding the products nor responsible for compensating the resulting damage.
- If you have any further inquiries on the 'product,' please don't hesitate to visit the product website at www.wipshot.com and contact us via email@example.com
Governing Law and Jurisdiction
- The contract between 'BRIGHTN' and the 'user' under these terms and conditions shall be governed by the laws of the Republic of Korea where 'BRIGHTN' is located.
- The court of competent jurisdiction shall be decided by the Civil Procedure Act in the event of legal disputes between 'BRIGHTN' and the 'user.'
- However, the 'Seoul Central District Court' shall be the court of competent jurisdiction over disputes between 'BRIGHTN' and the 'user' if the address or the place of residence is in other than the Republic of Korea.
The 'Korean' version shall prevail when interpreting these terms and conditions.
Notice date: April 14, 2021
Enforcement date: April 21, 2021.