Terms of Service

Effective 03. 04. 2022 | Last Amended 12. 01. 2023

I. GENERAL TERMS AND CONDITIONS

1. Purpose

Datarize Corp. ("Company," "we," "our," or "us") provides a SaaS solution, "Datarize," that provides optimized customer relationship management (CRM) marketing by collecting and analyzing integrated data (the "Solution"). Please read carefully these Terms of Service and our Privacy Policy before using the Services. These Terms of Service set out the rights, obligations, responsibilities, and other matters that govern your use of the Services. By using our Services, you agree to all relevant terms and conditions outlined in these Terms of Service. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, YOU MAY NOT USE ANY OF THE SERVICES.

2. Definitions

The terms used in these Terms of Service are defined as follows:

  1. The "Consumer" means a customer who uses your service by purchasing, searching, checking goods or services sold on the website or application operated by you (collectively, your "Platform") and conducting other consumption activities on your Platform;

  2. The "Member," or you mean those who use the Services upon its execution of the Service Agreement with us in accordance with these Terms of Services by accessing our Website or the Service Page and completing the signing up and registration process;

  3. The "Service(s)" means the services provided to you, whose detail is specified in Section 7.1. of these Terms of Service;

  4. The "Service Fee" means the payment to be made by you to us in consideration for using the Service;

  5. The "Service Page" means the console page for providing the Services, whose website address is at [https://console.datarize.ai/];

  6. The "Subscription Period" means the period of using the paid Services based on your subscription plan (monthly period or other periods as determined separately) subject to the payment of the Service Fee; and

  7. The "Website" means our website address at [https://www.datarize.ai/].

3. Application of Terms of Service

These Terms of Service apply to all services we provide to you in relation to the Solution, including the Services; provided that in cases where the parties execute a separate agreement or separate terms and conditions, the provisions thereof will prevail.

4. Publication; Changes to these Terms of Service

  1. We will make these Terms of Service clearly visible to you by posting them on the sign-up page and/or at the bottom of the opening page of the Website.

  2. We reserve the right, at our discretion, to change, modify, add, or remove all or part of these Terms of Service from time to time by posting/publishing the amended versions on the Website.

  3. You are responsible for reviewing the Terms of Services regularly to check for such revisions. Unless we state otherwise, amendments are immediately effective when posted or on the date specified within the posting.

  4. We may have separate policies for detailed services provided within the Service, which will be posted or notified on our Website or the Service Page.

5. Interpretation

Any matters or interpretations not stipulated in these Terms of Service will be governed by relevant laws of the Republic of Korea.

II. SERVICES

6. Execution of Service Agreement

You and the Company will execute a service agreement for your use of the Services with the terms and conditions as stipulated in these Terms of Services (the "Service Agreement") upon our approval of your membership registration for the Service in accordance with the form prescribed by us.

7. Provision of Services

We will provide the following Services:

  1. Consumer data collection and analysis service of your Platform, including analytics, real-time user and product profiling;

  2. Market average information and market comparison analysis information provision service based on clustered data;

  3. Marketing service (such as mobile messages, text, email, Website pop-up, etc.) for marketing and other purposes to specific target consumer groups based on analyzed customer tendencies; and

  4. Other services incidental to the above tasks.

8. Modification and Discontinuation of Services

  1. We will do our best to provide the Service and will take reasonable measures to maintain the stability and reliability of the Service; provided that we reserve the right, at our discretion, to change, modify, add, or remove all or part of the Service without prior notice to you.

  2. We may discontinue the Service if we consider it difficult to continue the Service due to business reasons.

  3. We shall not be liable for any damage incurred by you due to changes made to the Service or the discontinuation of the Service.

9. Usage Term and Subscription Period

After executing the Service Agreement, you will have a one-month free trial period, during which you may decide to subscribe and complete the payment method registration process. Your Subscription Period will start from the day after the end of the free trial period.

10. Suspension of Services

We may temporarily suspend the provision of the Services in cases of maintenance, regular inspection, replacement, breakdown, or interruption of communication, electronic infringements such as hacking, force majeure reasons, or multiple failures to pay the Service Fee.

11. Payment of Service Fee

We will charge the service fee in consideration of your use of the Services. The Service Fee consists of the subscription fee (based on your chosen subscription plan and monthly average user) and your message cost (calculated by the number of messages delivered multiplied by the cost per message for each channel).

12. Refund of Service Fee

If you request to terminate the Services when there is a remaining Subscription Period, the subscription fee will be refunded in accordance with the refund policy as prescribed on the Website and the Service Page. For message cost, you may get a refund for the remaining amount of your balance by contacting the Company.

13. Intellectual Property Rights

We are the sole and exclusive owner of all software, functions, documents, contents, brand expressions, etc., provided within the Service, and all rights and interests therein, including copyrights, belong to the Company.

III. MEMBER

14. Membership

You may become a Member by agreeing to the terms and conditions of these Terms of Services and applying for the membership in accordance with the form prescribed by us. We may not approve an application or terminate the Service Agreement in cases where you do not apply with your real name, enter false information, use someone else''s payment method without approval, or intend to use the Services for fraudulent acts.

15. Personal Information Protection

We will endeavor to protect your personal information in accordance with applicable laws and regulations. We will protect and use your personal information in accordance with applicable laws and regulations and our Privacy Policy.

16. Member Information

Whenever required to provide information to us, you must provide true information. You will not be protected against any disadvantages caused by the provision of false information. You may view and modify your own information at any time through the management screen.

17. Your Obligations

  1. You are responsible for managing the ID and password to access the Services and will not allow third parties to use them.

  2. If you recognize that your ID or password has been stolen or is being used by a third party, you must immediately notify us and follow our instructions.

  3. You must not engage in: providing false information, using someone else''s information, collecting personal information without authorization, infringing intellectual property rights, damaging reputation, or using Services outside the normal scope.

IV. RESTRICTION OF SERVICE USE

18. Service Use Restriction

We may restrict your use of the Service if we consider you violate your obligations or interfere with the normal operation of the Service. We will notify you of the measures to restrict your use of the Service if applicable.

19. Appeal Procedure for Service Use Restriction Measures

If you intend to appeal against our restriction on your use of the Service, you must submit an appeal form stating the reason for the appeal to us via email within fourteen (14) days from the date of receiving our notice of the measure.

V. MISCELLANEOUS

20. Indemnification

Each of you and the Company agrees to indemnify and hold harmless the other party, its agents, employees, and officers from and against any and all losses, claims, damages, or liabilities due to or arising out of a breach of these Terms of Service.

21. Limitation of Liability; Disclaimer

We will not be liable for the damages related to the Services in cases of force majeure, your intentional or negligent acts, failure to obtain expected benefit, third party disputes, equipment repair, free Services use, failure to manage personal information, or third party illegal access. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE HEREBY DISCLAIM ALL OTHER COVENANTS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

22. Notification

We may notify you via sending a written form or an email to the addresses registered by you, posting as a popup when logging in or at the notice board. You may, at any time, visit the customer center on the Website to express your opinions.

23. Versions

These Terms of Services are available in both Korean and English, and the version you confirmed at the time of registration (including any subsequent revisions) will apply.

24. Governing Law; Dispute Resolution

These terms of service will be governed by and construed in accordance with the laws of the Republic of Korea without giving effect to any choice or conflict of law provision or rule. Any disputes out of or in connection with the use of the services will be first resolved by mutual consultation. The unresolved disputes by the consultation will be submitted to the exclusive jurisdiction of the Seoul Central District Court.