Chapter 1. General Provisions

Article 1 (Purpose) 

The purpose of this Agreement is to prescribe the rights and obligations of, and other necessary matters concerning, the contractual relationship between EQ4ALL Co., Ltd. (hereinafter referred to as the “Service Provider”) and business entities intending to use the web-based sign language translation service(hereinafter referred to as the “Service”) and any ancillary services provided by the Service Provider(hereinafter referred to as the “User Business”).

Article 2 (Definitions)

The definitions of terms used in this Agreement are as follows.

1. “Cloud Computing” means an information processing system that enables information and communications resources—such as aggregated and shared information and communications devices, facilities, and software—to be flexibly used through an information and communications network in accordance with user demand or changes in demand, as defined in Article 2(1) of the Act on the Development of Cloud Computing and Protection of Its Users.

2. “Cloud Computing Service” means a service that provides information and communications resources to others for commercial purposes using cloud computing, as defined in Article 2(3) of the Act on the Development of Cloud Computing and Protection of Its Users.

3. “Service Provider” means a business entity that provides cloud computing services and ancillary services.

4. “User Business” means a corporation or sole proprietorship that has entered into a cloud computing service use agreement with the Service Provider and uses cloud computing services and ancillary services.

5. “End User Business” means a person who uses services provided by the User Business through the cloud computing service.

6. “User Business Information” means information stored by the User Business or End User Business in the Service Provider’s information and communications resources (including “information” as defined in Article 3(1) of the Framework Act on National Informatization, and in the case of individuals, including personal information and credit information) that is owned or managed by the User Business.

7. “Service Level Agreement (SLA)” means an agreement under which the Service Provider commits, through prior mutual agreement with the User Business, to provide services at a predefined level.

Article 3 (Disclosure of the Agreement)

① The Service Provider shall post the contents of this Agreement on the Service website(www.eq4all.co.kr/tac/webcloud) or notify the User Business by other means that enable easy access and review.

② The Service Provider shall establish appropriate procedures to allow the User Business to make inquiries and receive responses regarding the contents of this Agreement.

Article 4 (Interpretation of the Agreement)

Matters not stipulated in this Agreement and interpretation thereof shall be governed by the Act on the Development of Cloud Computing and Protection of Its Users, the Personal Information Protection Act, the Credit Information Use and Protection Act, the Regulation of Standardized Contracts Act, the Act on Consumer Protection in Electronic Commerce, the Act on Promotion of Information and Communications Network Utilization and Information Protection, other applicable laws and regulations, or commercial practices.

Chapter 2. Formation of the Service Agreement

Article 5 (Application for Use and Method)

① A person applying to use the Service (hereinafter referred to as the “Applicant Business”) may apply by completing the application form provided on the Service Provider’s website or by following procedures designated by the Service Provider.

② The Applicant Business shall provide essential information required for service provision, and the Service Provider shall guide the Applicant Business so that it can confirm the purpose and scope of such information.

③ When submitting an application under paragraph (1), the Applicant Business shall provide its real name (or actual trade name in the case of a corporation) and accurate information. If the Applicant Business uses another person’s identity or provides false information, it may not claim rights under this Agreement, and the Service Provider may rescind or terminate the Agreement on such grounds.

④ If a minor applies to use the Service, consent from a legal guardian must be obtained, and the specific consent procedure shall follow the method provided by the Service Provider.

Article 6 (Acceptance and Restriction of Applications)

① This Agreement shall be deemed formed when the Applicant Business applies for use and the Service Provider’s notice of acceptance reaches the Applicant Business.

② The Service Provider may refuse acceptance of an application that falls under any of the following:

1. Violation of Article 5(3)

2. Failure to pay service fees

3. Previous material breach of an agreement with the Service Provider

4. Lack of legal guardian consent for a minor

5. Unauthorized use of another person’s payment methods

6. Application intended for unlawful purposes prohibited by applicable laws

7. Prior loss of user qualification under this Agreement

8. Other equivalent grounds deemed inappropriate for acceptance

③ The Service Provider may defer acceptance in the following cases.

1. Lack of facility capacity or technical issues

2. Service or payment system issues 

3. Other equivalent circumstances

④ The User Business shall promptly notify the Service Provider of any changes to application information.

Article 7 (Effect of Withdrawal of Offer)

① If the User Business withdraws its offer, the Service Provider shall delete the service without delay and refund the payment within three business days from the deletion date.

② If the refund is delayed, the Service Provider shall pay delay interest calculated under the Act on Consumer Protection in Electronic Commerce.

③ If payment was made via credit card or other designated methods, the Service Provider shall request suspension or cancellation of the charge; if payment has already been received, it shall be refunded and the User Business notified.

④ The Service Provider may charge a reasonable amount corresponding to benefits gained or costs incurred if the service was partially used.

⑤ No penalty or damages may be claimed solely due to withdrawal.

Chapter 3. Obligations of the Parties

Article 8 (Obligations of the Service Provider) 

① The Provider shall comply with applicable laws and regulations, including the Act on the Development of Cloud Computing and Protection of Its Users, and shall establish information protection standards prescribed by the Minister of Science and ICT to ensure that the User may use the Service smoothly. The Provider shall continuously provide services at or above the level specified in the Service Level Agreement (SLA).

② The Provider may conduct periodic operational inspections to ensure stable service provision and shall notify the User thereof in advance.

③ Where normal service provision is difficult due to a failure or malfunction, the Provider shall promptly repair and restore the Service, and if prompt handling is difficult, the Provider shall notify the User of the reasons and the expected schedule.

④ The Provider shall provide security services at an appropriate level and shall have the obligation to prevent leakage of personal information and infringement of rights by third parties.

⑤ The Provider shall take measures to enable the User to easily verify the status of service usage and billing details.

Article 9 (Obligations of the User)

① The User shall not engage in any act that violates relevant laws and regulations, including the Copyright Act, or that is contrary to good morals or other social order in the course of using the Service.

② The User shall not engage in any of the following acts.

1. Entering false information when applying for use or making changes thereto

2. Misappropriating another person’s information

3. Conducting business activities beyond the scope of the Service Agreement

4. Acts that may cause confusion as to being the Provider or an agent of the Provider

5. Transmitting or posting illegal information (including computer programs)

6. Infringing intellectual property rights, including copyrights, of the Provider or third parties

7. Defaming or interfering with the business of the Provider or third parties

8. Using the Service by improper means, such as distributing malicious programs or exploiting system vulnerabilities

9. Other acts prohibited by relevant laws and regulations or contrary to social order

③ Where the User causes damage to other customers of the Provider or to third parties through use of the Service, the Provider shall not be liable if the Provider has fulfilled its duty of care to prevent such damage.

④ The User shall bear responsibility for managing information required to access the Service, including ID and password, and shall be liable for any problems arising from theft or use by third parties; provided, however, that this shall not apply where there is intent or negligence on the part of the Provider.

⑤ The User shall verify and comply with the provisions of this Agreement, usage guidelines, and all matters notified by the Provider in relation to the Service.

Chapter 4. Use of the Service

Article 10 (Provision and Modification of the Service) 

① Where the Service Provider approves an application for use pursuant to Article 4 (Application for Use and Method), Paragraph 1, the Service Provider shall provide the Service to the relevant User Business for the period specified in this Agreement.

② In relation to the provision of the Service, the Service Provider shall perform the following duties.

1. The Service Provider shall provide uninterrupted service 24 hours a day, 365 days a year. However, the Service may be temporarily suspended where prior notice is given to the User Business for regular inspections or work intended to improve system performance.

2. Where a failure occurs in the Service, the Service Provider shall repair or restore the Service without delay.

3. The Service Provider shall perform any other ancillary services and related duties as determined by the Service Provider.

③ The User Business may use the Service provided by the Service Provider in accordance with this Agreement and the operational policies notified in advance by the Service Provider.

④ The User Business may request that the Service Provider inform it of the name of the country in which the User Business Information is stored.

⑤ Where the Service Provider changes the content of the Service, it shall notify the User Business by specifying the reason for the change, the details of the changed Service, and the effective date, by posting such information on the initial screen of the Service at least seven (7) days prior to the effective date.
However, if the change is disadvantageous to the User Business or constitutes a material change, the Service Provider shall notify the User Business at least thirty (30) days in advance via telephone, mobile phone, postal mail, electronic mail, or text message, and where the change is both disadvantageous and material, the consent of the User Business shall be obtained.

Article 11 (Service Fees)

① The service fees shall consist of a basic service fee of KRW 900,000 per month and additional services. Details of the service fees, including fee types, unit prices, billing methods, and discount rates, shall be specified in an annex or posted on the Service homepage.

② Service fees shall, in principle, be charged on a monthly basis, and where the Service is terminated, the fees shall be calculated on a pro-rata daily basis according to the number of days of actual use.

Article 12 (Payment of Fees and Objections)

① The Service Provider shall bill the User Business by the 5th day of the following month for service fees incurred from the 1st day to the last day of the relevant month, and the User Business shall make payment by the 10th day of the following month. The billing statement shall be sent so as to arrive at least five (5) days prior to the payment due date.

② Where the User Business has an objection to billed fees, it may file an objection within six (6) months from the date it became aware of the grounds for objection, and the Service Provider shall investigate the validity of the objection after receiving it and notify the User Business of the result. However, if it is unavoidable to notify the result within a reasonable period, the Service Provider shall inform the User Business of the reason and a newly designated processing deadline.

Article 13 (Refund of Fees)

① Where an overpayment or erroneous payment of fees occurs, the Service Provider shall refund such amount to the User Business, and where the cause is attributable to the Service Provider, it shall refund the amount with statutory interest or offset it against the following month’s service fees.

② Where the Service is interrupted without prior notice and the interruption time exceeds the allowable threshold in accordance with separately established operational policies of the Service Provider, the Service Provider shall reduce the service fees and refund them to the User Business without delay.

Article 14 (Suspension of Service)

① The Service Provider may refrain from providing the Service for a certain period where any of the following applies.

1. Where necessary for maintenance, inspection, replacement, regular inspection, or performance improvement of information and communications facilities such as computers

2. Where normal service provision is impossible due to electronic intrusion incidents such as hacking or computer viruses, telecommunications failures, or service issues

3. Where service provision is impossible due to force majeure events such as natural disasters, emergencies, or power outages

② In the case of Paragraph 1, Subparagraph 1, the Service Provider shall notify the User Business at least seven (7) days in advance via telephone, mobile phone, postal mail, electronic mail, text message, service access screen, or by posting on the Service homepage. However, where notification is made through the service access screen, it shall be posted for at least fifteen (15) days.

③ In the cases of Paragraph 1, Subparagraphs 2 and 3, the Service Provider may temporarily suspend the Service without prior notice.

Article 15 (Temporary Suspension of Service)

① Where special circumstances exist, the User Business may request temporary suspension of the Service within a limit of two (2) times per year and not exceeding one hundred eighty (180) days in total.

② The Service Provider may charge, on a pro-rata basis, service fees during the suspension period within a range not exceeding thirty percent (30%) of the service fee for the month immediately preceding the suspension period.

Chapter 5. Restrictions on Use and Termination of the Service

Article 16 (Restriction on Use of the Service)

① The Provider may restrict the User’s use of the Service if any of the following grounds arises.

1. Where the User fails to pay service fees, surcharges, or other debts by the due date specified by the Provider

2. Where the User violates the provisions of Article 10(2) (Obligations of the User) in using the Service or other services contracted with the Provider

3. Where the User fails to pay, by the due date, charges for other services billed together with the Service fees or any other obligations requiring payment under a contract

4. Where the User otherwise violates the provisions of this Agreement and thereby causes or is likely to cause significant interference with the Provider’s performance of its duties related to the Service

② Where the Provider restricts the use of the Service pursuant to paragraph (1), the Provider shall notify the User in advance of the reason for the restriction, the period of restriction, and the method of filing an objection.

Article 17 (Rescission and Termination by the User)

① The User may rescind this Agreement in any of the following cases within three (3) months from the date the Service was first provided or within thirty (30) days from the date the User knew or could have known of the relevant fact.

1. Where the Service stipulated in this Agreement is not provided

2. Where the provided Service differs from the description or advertisement or shows a significant discrepancy

3. Where normal use of the Service is impossible or substantially difficult due to defects in the Service

② The User may apply for termination of this Agreement at any time, and the Provider shall process such application without delay.

③ Where the User applies for rescission or termination of the Agreement, the Provider may verify the identity of the User, and upon confirmation, shall promptly take measures in accordance with the User’s request.

Article 18 (Rescission and Termination by the Provider)

① The Provider may terminate the Agreement if a User whose Service use has been restricted pursuant to Article 16 (Restriction on Use of the Service) fails to remedy the relevant cause within a reasonable period.

② The Provider may terminate the Agreement after prior notice to the User if the User violates the obligations set forth in Article 9(2) (Obligations of the User); provided, however, that where the User causes damage to the Provider due to intent or gross negligence, the Provider may terminate the Agreement without prior notice and shall notify the User of such termination without delay thereafter.

③ The Provider may terminate the Agreement where the Service is discontinued due to the termination of the Provider’s business, and in such case, such termination shall not affect any claim for damages against the User.

④ Where the Provider terminates the Agreement with the User, the Provider shall notify the User in writing, by electronic mail, or by equivalent means of the following matters.

1. Reason for termination

2. Effective date of termination

3. Refundable costs

⑤ Where the Provider suffers damage in the case falling under the proviso of paragraph (2), the Provider may claim damages against the User regardless of the termination of the Agreement.

Chapter 6. Protection of User Information

Article 19 (Protection and Management of User Information)

① The Provider shall protect the User’s information in accordance with applicable laws and regulations. The protection and use of User information shall be governed by relevant laws and regulations, as well as the User Information Processing Policy and Privacy Policy separately announced by the Provider.

② The Provider shall not be liable for the exposure of User information only where the Provider proves that there was no intent or negligence on its part.

Article 20 (Processing of User Information)

① Where this Agreement is terminated due to rescission, termination, expiration of the term, or other causes, the Provider shall notify the User regarding the return of User information; provided, however, that this shall not apply where the User has already received the return of such information prior to the termination of the Agreement.

② When providing notice pursuant to paragraph (1), the Provider shall include the method and timing of the return and destruction of User information, the form of the information to be returned, and the responsible department and contact details.

③ Where the User does not receive the return of User information after the notification period under paragraph (1), or where return is practically impossible because the User does not request return or for other reasons, the Provider shall completely destroy such information by an irreversible method.

Chapter 7. Damages and Other Matters

Article 21 (Damages)

① Where the Provider causes damage to the User due to intent or negligence, the Provider shall compensate for such damage.

② Where the User is temporarily unable to use the Service due to the Provider’s intent or negligence, the Provider shall calculate damages in accordance with the Service Failure Operational Guidelines predetermined by the Provider and notify the User thereof.

③ Where the User causes damage to the Provider due to intent or negligence, the User shall compensate for such damage.

Article 22 (Exemption from Liability) 

① The Provider shall be exempt from liability for damages arising from any of the following causes.

1. Where service inspection is unavoidable due to any of the causes under Article 14(1) (Suspension of Service), and the Provider has given prior notice in accordance with the procedures set forth in Article 14(2), without intent or negligence on the part of the Provider

2. Where the Service cannot be provided due to force majeure, including natural disasters, war, civil unrest, riots, technical defects that cannot be resolved with the current level of technology, or other unavoidable circumstances

3. Where suspension, failure, or termination of the Service is caused by the User’s intent or negligence

4. Where damage occurs to the User because a telecommunications service provider suspends or fails to properly provide telecommunications services, without intent or negligence on the part of the Provider

5. Where additional problems arise due to the User’s computer environment or due to network conditions not attributable to the Provider’s intent or negligence

6. Where damage occurs due to the User’s computer error, or due to inaccurate entry or failure to enter personal information or email address, without intent or negligence on the part of the Provider

② The Provider shall not be liable for the reliability, accuracy, or other aspects of information, materials, or facts posted or transmitted by the User or third parties within the Service or on the Service website, unless there is intent or negligence on the part of the Provider.

③ The Provider shall not be liable for damages arising from disputes between Users or between a User and a third party mediated through the Service, provided that all of the following conditions are satisfied.

1. The Provider has not violated the provisions of the Act on the Development of Cloud Computing and Protection of Its Users

2. The Provider proves that there is no intent or negligence on its part

3. The Provider has no authority or ability to control infringement where another User or a third party infringes upon the User’s rights

4. Even where the Provider has the authority and ability to control infringement by another User or a third party, the Provider does not obtain direct financial benefit from such infringement

5. Where another User or a third party infringes upon the User’s rights, the Provider takes action to stop the infringement immediately upon actual knowledge of the infringement or awareness of clear facts or circumstances indicating such infringement

Article 23 (Notice to Users) 

① Where the Provider gives notice to an unspecified number of Users, such notice may be given by posting on the Service access screen or on the Provider’s website.

② Notwithstanding paragraph(1), where any of the following occurs, the Provider shall notify the User by telephone call, text message, postal mail, electronic mail, posting on the Service access screen, or other methods designated in advance by the User.

1. Security breach incidents

2. Leakage of User information

3. Suspension of the Service (where the Service is suspended without prior notice for ten(10) consecutive minutes or more, or where the Service is suspended two(2) or more times within twenty-four(24)hours from the occurrence of a service interruption incident, and the total suspension time is fifteen(15) minutes or more, or such period as separately agreed between the parties)

4. Termination of the Service

5. Other matters that significantly affect the User’s use of the Service

③ Where any cause under paragraph(2) occurs, the Provider shall notify the User thereof without delay; provided, however, that the following cases shall be exceptions

1. Where the Service is suspended after prior notice given fourteen(14) days in advance

2. Where the Service is changed or terminated after prior notice given thirty(30) days in advance

3. Where the business is discontinued or terminated after prior notice given thirty(30) days in advance

④ Where any of the causes under paragraph (2) items 1 through 3 occurs, the Provider shall promptly notify the relevant User of the following matters; provided, however, that where it is difficult to immediately determine the cause of the incident under item 2, the Provider shall first notify the remaining matters and then notify the cause without delay once it is confirmed.

1. Details of the occurrence

2. Cause of the occurrence

3. Status of the Provider’s measures to prevent further damage

4. Methods for Users to prevent or mitigate damage

5. Responsible department and contact information

Article 24 (Jurisdiction)

In the event of litigation arising from disputes between the Provider and the User, jurisdiction shall lie with the court having jurisdiction over the User’s address or the court designated under the Civil Procedure Act.

Article 26 (Governing Law)

The formation, validity, interpretation, and performance of these Terms shall be governed by the laws of the Republic of Korea.