Terms of Service of Expers Inc.
Article 1 (Purpose)
These Terms and Conditions are intended to set forth the rights, obligations, and responsibilities between Expers Inc. (hereinafter referred to as the 'Company') and the Members regarding the use of all services provided by the Company, as well as other necessary matters.
Article 2 (Definitions)
1. 'Service' refers to all services provided by the Company that Users can access, regardless of the device used (including various wired and wireless devices such as PC, TV, mobile devices, etc.).
2. 'User' refers to 'Individual Members,' 'Corporate Members,' and 'Non-Members' who use the services provided by the Company in accordance with these Terms and Conditions.
3. 'Individual Member' refers to a person who provides personal information to the Company, registers as a member, continuously receives information from the Company, and can continuously use the services provided by the Company.
4. 'Corporate Member' refers to a person who provides corporate and personal information to the Company, registers as a member, continuously receives information from the Company, and can continuously use the services provided by the Company.
5. 'Non-Member' refers to a person who uses the services provided by the Company without registering as a member.
6. 'ID' refers to a combination of letters or letters and numbers determined by the Member and approved by the Company for identification and service use purposes.
7. 'Password' refers to a combination of letters (including special characters) and numbers set by the Member to confirm that the Member matches the assigned ID and to protect confidentiality.
8. 'Paid Service' refers to all services provided by the Company for a fee.
9. 'Payment' refers to the act of selecting a payment method and entering financial information to use the Company's Paid Services.
10. 'Membership Points' refer to points awarded according to the accumulation policy announced by the Company when purchasing Paid Services or participating in marketing activities such as events hosted by the Company or its affiliates. Specific names and details of 'Membership Points' are provided in separate provisions.
11. 'Discount Coupon' refers to a payment method issued and managed by the Company that can be used by Users to pay for the use of the Company's services.
12. 'Content' refers to codes, letters, voices, sounds, images, or videos used on the information and communication network as well as text, photos, videos, various files, and links, in accordance with the Information and Communications Network Act.
Article 3 (Governing Rules Outside of Terms)
Matters not specified in these Terms and Conditions shall be governed by relevant laws or the Company's separate service-specific terms, operational policies, and rules (hereinafter referred to as 'Detailed Guidelines'). In the event of a conflict between these Terms and the Detailed Guidelines, the Detailed Guidelines shall prevail.
Article 4 (Effect and Amendment of the Terms and Conditions)
1. These Terms and Conditions shall be publicly announced by posting them on all internet services provided by Expers Inc. The Company may amend these Terms to the extent that it does not violate relevant laws such as the 'Act on Consumer Protection in Electronic Commerce (hereinafter 'E-Commerce Act')', the 'Act on the Regulation of Terms and Conditions (hereinafter 'Terms Regulation Act')', and the 'Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter 'Information and Communications Network Act').' In the event of an amendment, the Company shall specify the amended Terms and their effective date, and notify Users at least seven days prior to the effective date (or thirty days in the case of amendments unfavorable or significant to Users) via posting and individual electronic notifications (such as email, SMS, service notifications, or pop-up alerts). The amended Terms shall become effective from the specified effective date.
2. When announcing or notifying amendments under Paragraph 1, the Company shall inform Users that 'If you do not agree to the amendments, you may terminate the agreement within seven days (or thirty days for unfavorable or significant changes) from the date of announcement or notification, and if no expression of intent to terminate is made, you will be deemed to have agreed to the changes.'
3. If a User does not express refusal to the amended Terms within seven days (or thirty days in case of unfavorable or significant changes) after the announcement or receipt of the notification, it will be deemed that the User has agreed to the amendments.
Article 5 (Notices to Users)
1. Unless otherwise specified in these Terms, the Company may notify Users via electronic means such as email, SMS, electronic messages, or push notifications.
2. For notices to all Users, the Company may substitute individual notifications by posting on the Company's website bulletin board for at least seven days. However, for matters that significantly affect individual transactions, individual notification under Paragraph 1 shall be made.
3. If individual notification is impossible due to the User's failure to register or update contact information, or due to incorrect contact information, notification by posting under Paragraph 2 shall be considered as individual notification.
Article 6 (Conclusion of the Service Agreement)
The Service Agreement is concluded in the following cases:
1. When a User agrees to the contents of the Terms and Conditions, applies for membership registration, and the Company approves the application.
2. When a User pays for a service that can be used without membership registration.
3. When a User, without membership registration, uses a free service and proceeds with additional services such as saving data related to that free service under the procedures of items 1 or 2.
Article 7 (Acceptance of Membership Registration)
The Service Agreement is concluded in the following cases:
1. In principle, the Company shall accept a User's request to use the Service upon application.
2. Notwithstanding the preceding paragraph, the Company may defer or refuse membership registration in the following cases:
2-(1). If the applicant has previously lost membership under these Terms (except when the Company approves re-registration).
2-(2). If the applicant uses a false name or another person's name.
2-(3). If required information is omitted or falsely stated.
2-(4). If the applicant is a minor under 14 years old, a minor under 19 years old, or an adult under guardianship without legal representative's consent.
2-(5). If approval is impossible due to reasons attributable to the User, or if the User violates these Terms or the Company's operational policies.
2-(6). If registered as a credit delinquent under the Act on Use and Protection of Credit Information.
2-(7). If registered as a delinquent user with the Information and Communications Ethics Committee.
2-(8). If the ID is already in use or is against public morals.
3. When applying under Paragraph 1, the Company may request real-name verification and identity authentication through specialized institutions if necessary for Service provision.
4. The Company may defer approval if there is no facility availability related to the Service or due to technical or business reasons.
5. If approval is withheld or refused under Paragraphs 2 and 4, the Company shall, in principle, notify the applicant. However, exceptions apply when notification is impossible due to reasons not attributable to the Company.
6. The time when the Service Agreement is established is the time when the Company indicates registration completion for item 1, and when payment is confirmed for item 2.
7. The Company may differentiate service usage, hours, frequency, and menus based on Member grades according to Company policies.
8. The Company may impose usage restrictions or grade-specific restrictions to comply with the Promotion of the Motion Pictures and Video Products Act and the Youth Protection Act.
Article 8 (Changes to Member Information)
1. Members may view and edit their personal information at any time through the Personal Information Management screen. However, real name and ID, which are necessary for service management, cannot be changed.
2. Members must notify the Company of any changes to the information provided at the time of membership registration through online correction or by email or other methods.
3. Members are responsible for any disadvantages resulting from failing to notify the Company of such changes.
Article 9 (Management and Protection of Member Information)
1. The responsibility for managing the member's ID and password lies with the member, and they should not allow a third party to use them.
2. The company may restrict the use of a member's ID if it is concerned that the ID may lead to personal data leaks, be contrary to social norms or public morals, or be mistaken for the company's or service's operator.
3. If the member notices that their ID or password has been stolen or is being used by a third party, they must immediately notify the company and follow the company's instructions.
4. If the member fails to notify the company or does not follow the company's instructions after being notified in accordance with the third clause, the company will not be responsible for any resulting disadvantages.
Article 10 (Obligations of the Company)
1. The company shall repair or restore facilities if there is a failure or destruction of equipment for continuous and stable service. In unavoidable cases, the company may temporarily suspend the service in part or in whole without notice. In such cases, the company will notify the users of the reason and the suspension period without delay.
1-(1). When emergency system maintenance, expansion, replacement, facility repair, or construction is required.
1-(2). When it is determined that system replacement is necessary to provide new services.
1-(3). If normal service provision is impossible due to system failure, wireless or wired network issues, etc.
1-(4). In case of a national emergency, power outage, or force majeure.
2. The company will strive to provide convenience to users in matters related to the conclusion, modification, and termination of the service contract.
3. The company will post the representative's name, company name, address, phone number, fax number, mail-order business registration number, terms of service, privacy policy, etc., on the initial screen of the online service for easy access by users.
Article 11 (Privacy Protection)
1. The company values the users' personal information and strives to comply with related laws such as the Information and Communications Network Utilization and Information Protection Act and the Personal Information Protection Act. The company informs users through its privacy policy about how their personal information is used and what measures are taken to protect it.
2. If a user has not used the service for a continuous period of one year from the last usage, the company may separate and store the user's information apart from other users' personal information, in accordance with the Personal Information Protection Act and its enforcement regulations. The separated personal information will be kept until the user requests membership withdrawal or personal data deletion.
3. The company applies relevant laws and its privacy policy to the protection and use of personal information. However, the company's privacy policy does not apply to external websites linked from the company's website.
Article 12 (Obligations of the User)
1. Users must fill out the application form based on facts when applying for membership. If a user registers false information or someone else's information, they cannot claim any rights against the company, and the company will not be responsible for any damage caused.
2. Users must comply with the terms of this agreement and other regulations set by the company, and must not interfere with the company's operations or damage the company's reputation.
3. Users must immediately correct their membership information such as address, contact details, and email address if any changes occur. The user is responsible for any consequences resulting from failure to update or delay in updating their information.
4. Users must directly manage their ID and password. The company is not responsible for any issues arising from the user's negligence in managing them.
5. Users must not engage in the following activities when choosing an ID, nickname, or any other designation used in the service:
5-(1). Impersonating the official operator of the company's services or using a similar name to cause confusion among other users.
5-(2). Using names that contain explicit or obscene content.
5-(3). Using names that infringe on third-party trademarks, copyrights, etc.
5-(4). Using names that may damage the reputation of or interfere with the work of a third party.
5-(5). Using names that are socially inappropriate or violate relevant laws.
5-(6). Using names that do not align with the purpose or service rules of the service.
6. Users may not transfer, donate, or provide any other rights over their service use rights or contractual status without the explicit consent of the company.
7. The detailed rules regarding service use, including precautions, will be defined in the operational policy, and users may face disadvantages such as service restrictions or legal responsibilities for violating the service terms and operational policies.
Article 13 (Provision of Services)
1. The company's services are provided 24/7 as a general rule. However, in special cases such as system maintenance, equipment replacement, etc., there may be temporary suspension of part or all of the services.
2. Specific guidelines for individual services provided by the company can be found on the individual service screens.
3. The services provided by the company include the following:
3-(1). VAPOR mobile app service and PAPOR.
3-(2). VAPOR automatic exercise measurement and prescription service.
3-(3). VAPOR on-site installation service.
3-(4). Ranking and event web pages.
Article 14 (Service Restrictions, etc.)
1. The company may restrict or suspend the service in whole or in part in the event of war, disaster, national emergency, or other force majeure, or if a telecommunications service provider suspends telecommunications services under the Telecommunications Business Act.
2. Free services may be restricted or suspended in part or in whole for reasons such as the company's operational policies, and may be converted to paid services.
3. If the company restricts or suspends the service, it will promptly inform users of the reason, duration, and expected time of suspension.
4. If the company changes free services to paid services, it will notify users of the reason and the expected time of conversion and obtain users' consent before the conversion.
Article 15 (Cancellation, Termination, and Withdrawal Procedures)
1. Users may request to terminate the service contract at any time by submitting a membership withdrawal request on the website. However, there may be restrictions on immediate withdrawal for certain reasons, such as preventing fraud after signing up. Paid users will follow refund policies upon withdrawal.
2. The company may terminate the contract with a user who violates their obligations under these terms or engages in abnormal use, unfair use, or uses prohibited programs, or who posts content that damages the reputation or insults others. Such actions may result in immediate termination or restriction of the account.
3. The company will respond to the user's cancellation or termination request after receiving it. The response will be made through one of the methods the user used to contact the company. If the user has no contact details, the company may not respond.
Article 16 (Compensation for Damages)
1. Either the company or the user may claim compensation for damages caused by the other's fault. However, the company is not responsible for damages caused by issues with free services, service interruptions, loss or deletion of stored data, or data modification.
2. The company is not liable for any damages unless they violate the company's operational policies, privacy policies, or terms for specific services.
Article 17 (Disclaimer)
1. The company is not responsible for failing to provide services due to natural disasters or other force majeure.
2. The company is not responsible for service interruptions caused by the user's fault.
3. The company is not liable for any failure to achieve expected profits or damages resulting from the use of the service.
4. The company is not responsible for the reliability or accuracy of the content posted by users on web pages and will not intervene in disputes arising between users or between users and third parties through the service.
Article 18 (Provision of Information and Advertising)
1. The company may provide (or send) various information and advertisements that are deemed necessary for the user during the service usage through banner displays, email, SMS, phone calls, postal mail, etc. However, if the user does not want to receive them, they can refuse reception in accordance with the methods provided by the company.
2. Even if the user refuses reception, the company may provide information via email regarding important matters that must be known by the user, such as changes to the terms of service, privacy policy, or other issues affecting the user's interests, as stipulated by the 'Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.'
3. In the case that the user takes action to refuse reception as per the exception in Paragraph 1, the company shall not be held responsible for failing to deliver transaction-related information, responses to inquiries, etc., due to this refusal.
4. The company will check the user's consent for receiving commercial advertisements every two years, in accordance with the Enforcement Decree of the 'Information and Communications Network Act'.
5. The company is not responsible for any losses or damages caused by the user's participation in promotional activities by advertisers or due to transactions.
Article 19 (Membership Points, etc.)
1. When a member purchases a paid service or makes payment, or participates in events, additional reward services, etc., hosted by the company or its affiliates, the member will receive Vapor Credits according to the company's point accumulation policy.
2. 'Vapor Credit Coupons' are issued by the company as rewards for purchases or participation in events. These issued coupons are valid for use or will expire and will not be refunded in cash.
3. 'Vapor Credits' cannot be refunded in cash. They will expire if the usage period is over, if the purchase is canceled, or if the usage agreement ends.
Article 20 (Payment for Paid Services, etc.)
1. When using paid services provided by the company, the user is required to pay the usage fee. The payment methods for the paid services provided by the company are as follows:
1-(1). Various card payments such as prepaid cards, debit cards, credit cards
1-(2). Account transfers such as phone banking, internet banking, and online wire transfers
1-(3). Payment via gift cards that the company has entered into an affiliate agreement with or recognizes
2. The company may verify whether the user has legitimate authorization to use the payment method, and may suspend the transaction or cancel the transaction if verification is not possible.
3. The company may limit the cumulative monthly payment amount and recharge limits per user according to the company's policy and the criteria of payment companies (telecommunication companies, card companies, etc.) and payment agencies. If these limits are exceeded, additional use of paid services may not be allowed.
4. The user is responsible for the information entered for payment and billing purposes.
Article 21 (Refund)
1. In the case where payment is canceled or refunded due to the user's fault, the following procedures will apply:
1-(1). Services that are completed in a single use or purchase are non-refundable.
1-(2). For services that can be used continuously, the amount corresponding to the usage days and discount amount will be deducted and the remaining amount will be refunded.
2. Notwithstanding the above, in the following cases, the full payment will be refunded:
- If no service usage history exists within 24 hours after payment completion
- If the service cannot be used due to the company's fault, such as service failure
- If the purchased service was not provided
- If the service was rendered significantly impossible due to defects in the service itself, not due to user errors
3. The company will refund the amount using the same payment method as the original payment. However, if refunding using the same payment method is not possible, the company will refund using an alternative method specified by the service.
4. The company will process the refund procedure within 30 business days from the date the refund obligation occurs. However, if the user’s cooperation is required for the refund or if the refund is delayed due to the user's fault, the company will not bear the delay interest.
5. The party responsible for the fault will bear the cost necessary for the refund.
Article 22 (Ownership of Rights)
1. Copyright and intellectual property rights related to the services provided by the company belong to the company.
2. The company grants the user only the right to use the service under the conditions set by the company, and the user may not transfer, sell, or provide collateral or dispose of these rights.
3. Notwithstanding Paragraph 1, the intellectual property rights to content directly created by the user or external works provided under the company's affiliate agreements do not belong to the company.
Article 23 (Content Management)
1. If any content posted or created by the member contains violations of the 'Personal Information Protection Act' or 'Copyright Act' or any related laws, the administrator may request the removal or suspension of such content in accordance with the relevant legal procedures, and the company must take action in accordance with the law.
2. Even without a request from the rights holder in the previous paragraph, the company may take temporary measures on the content if there are grounds for infringement or if it violates the company's policies or related laws.
Article 24 (Copyright of Content)
1. The copyright of content posted by the user within the service (such as text, images, videos, etc.) belongs to the creator of the content.
2. Notwithstanding paragraph 1, the company may use the content registered by the member without separate permission for the purposes of service operation, exhibition, transmission, distribution, promotion, etc., within the scope consistent with copyright law and fair trade practices as follows:
2-(1). Use for creating derivative works or edited works within the scope that does not infringe copyright, such as reproduction, modification, exhibition, transmission, and distribution of content created by the user within the service. However, if the user who registered the content requests deletion or suspension of use, the company will delete or suspend use, except for matters that need to be preserved in accordance with relevant laws.
2-(2). Use within the scope of service operation, promotion, service improvement, and new service development.
2-(3). Use for promotional purposes through media, telecommunications companies, etc., by providing and exhibiting the user's content.
Article 25 (Collection of User Data)
1. The company may collect exercise and physical ability-related data generated as the user uses the service.
2. The purpose of data collection includes improving the service, providing personalized features, statistical analysis, etc. This information may be processed in an anonymous form to prevent identification of individuals.
3. The rights to the data belong to the company, and the company may use the data for service improvement and operation.
4. Users may consent to the collection of data for personal information protection during service use. If they do not consent, some service features may be restricted.
Article 26 (Jurisdiction and Governing Law)
In the case of disputes arising in connection with the service, the jurisdiction shall be the court having jurisdiction over the company's location, and the governing law shall be the laws of the Republic of Korea.
Addendum
Article 1 (Effective Date)
These terms and conditions will be effective from May 1, 2024.