Article 1. Purpose
These Terms of Service ("Terms") govern the rights, obligations, and responsibilities between Dpromotion (the "Company") and its users ("Members") regarding the use of the Dpromotion service (the "Service").
Article 2. Definitions
The following terms have the meanings set forth below:
1. Service - Refers to the online promotion platform provided by the Company.
2. Member - A user who has registered an account with the Company. Membership is classified as:
a. Individual Member: A user who can access and use the Service.
b. Business Member: A business-verified user, required to submit a business registration certificate (or equivalent verification documents). Business members' obligations also apply to their employees, contractors, or agents.
3. Application for Use - The process by which a user applies to use the Service according to the Company’s procedures.
4. Approval for Use - The Company’s acceptance of an application, allowing the user to access the Service.
5. Usage Fee - The amount payable by Members to the Company for using the Service.
6. Payment Account Holder - The individual or entity responsible for paying the Service fees.
7. Withdrawal - The act of terminating a user’s membership and Service usage.
8. Dormant ID - An account that has been inactive for a specified period and is protected from unauthorized access.
9. Credit - A virtual payment unit used for paid features within the Service.
10. Service Agreement - A contract between the Company and a Member that is formed when a user applies for and is approved to use the Service.
11. Participant - An individual who enters a promotion hosted by a Member.
12. Recharge - The act of purchasing Credits to use the Service.
13. Auto-Charge: This refers to a service that automatically processes payments using the payment method or payment information pre-registered by the Member when the specified charging conditions are met, in order to purchase the necessary credit for service usage.
14. Data: This refers to all information created, collected, or generated by the Company for service operation or during the course of service operation, as well as any text, images, videos, files, or other content entered into the service by Members or Participants while using the service.
"15. Output: This refers to all promotional operation data, including statistics, generated as a result of the Member’s use of the service.
Unless otherwise defined in these Terms, the definitions of terms shall follow applicable laws and regulations. If no definitions are provided in applicable laws, general commercial practices shall apply."
Article 3: Validity and Amendments of Terms
1. These Terms become effective when a Member agrees to them upon Sign-upr egistration.
2. The Company may amend these Terms as necessary. In the event of any amendments, the Company shall announce the effective date and details of the amendments at least seven (7) days prior to the effective date by posting them on the service website.
However, if the amendments significantly affect or impose disadvantages on the rights or obligations of the Members, the Company shall provide notice at least thirty (30) days prior to the effective date.
3. If the Company provides notice of the amended Terms in accordance with the proviso of Paragraph 2 and explicitly informs the Member that failure to express an objection by the effective date of the amendments will be deemed as consent, the Member shall be considered to have agreed to the amended Terms unless they explicitly express their objection before the amendments take effect.
4. If the Member does not agree to the amended Terms, the Company shall not apply the amendments to the Member, and in such a case, the Member may discontinue the use of the service and terminate the service agreement.
However, even if the service agreement is terminated, these Terms may continue to apply until the Member fulfills any outstanding obligations, including unpaid debts, incurred before the termination.
5. Even if the company has taken the actions outlined in this clause when modifying the terms, it is not responsible for any damages incurred due to a member's failure to acknowledge the revised terms.
Article 4: Application of Related Provisions
1. The company may establish service-specific terms if necessary. In the event of a conflict between this agreement and the service-specific terms, the service-specific terms shall take precedence.
2. Matters not specified in this agreement or the service-specific terms shall be governed by the content posted on the service site, the Act on the Regulation of Terms and Conditions, the Telecommunications Business Act, and other relevant laws.
Article 5: Notifications and Provision of Information
1. Unless otherwise specified in this agreement, the company may notify members by posting on the service site or using the email, SMS, LMS, MMS, or notification messages (AlimTalk) provided during membership registration.
2. For notifications addressed to all members, the company may substitute individual notifications by posting the content on the service site for at least seven days.
However, changes to the terms of service pursuant to Article 3 or important matters related to individual members shall follow the notification methods outlined in Paragraph 1.
The company may provide various information deemed necessary for service use via email, SMS, LMS, MMS, or notification messages (messengers) after obtaining prior consent from the member. Members may opt out of receiving such messages if they wish. However, essential notices related to service use, such as payment notifications, policy changes, system issues, and important announcements, will be sent regardless of the opt-out status.
Article 6: Types of Services
The company provides the following types of services, with details and pricing (excluding VAT) available on each service page:
a. Promotion creation tool rental service
b. Page view and participant count tracking service
c. Notification service for members and participants
d. Participant identity verification service
e. Paid storage service for Promotion creation Themes
f. Assisted Setup service for Promotions
g. Promotion creation service
h. Gift delivery service
Members may apply to use one or more of the services listed above.
The services provided by the company are categorized as either free or paid.
Article 7: Service Application
1. An individual seeking membership (hereinafter referred to as the "Applicant") must agree to this agreement and submit the required information through the membership application form provided by the company to apply for membership and service usage.
2. The company may require the Applicant to undergo SMS verification or other authentication procedures to verify their identity. If the Applicant fails to complete the verification, the company may reject their application for service use.
3. In the case of business members, the company may request information verifying the business entity and the authority of the responsible personnel. If such verification is not completed, the company may reject the application.
4. Each member is allowed to register only one user ID for service use.
Article 8: Establishment of Service Agreement
1. A service agreement is established when a member applies for service use in accordance with Article 7, and the company approves the application.
2. For paid services, the service agreement is established when the member pays the service fee specified by the company using credits, and the company sets up and approves the service for use.
3. The company’s services are, in principle, available only after the service agreement has been established. The company is not responsible for any damages incurred from using the services before the agreement is finalized.
4. The company notifies the member of its approval by posting on the site, sending an email, or using other communication methods.
Article 9: Service Usage Period
1. The service start date is the date on which the service agreement between the company and the member is established.
2. The service end date is the date on which the service agreement for the member’s selected service is terminated.
3. The usage period for paid services begins on the date the paid service agreement is established, as specified in Article 8, Paragraph 2, and ends on the predetermined expiration date of the purchased service.
4. If a service is temporarily suspended and later resumed due to reasons not attributable to the member, the service usage period shall be extended by adding the suspended duration to the original end date as determined in Paragraphs 2 and 3.
5. From the expiration date of the service usage period, the company is no longer obligated to provide the service. However, obligations explicitly stated in this agreement that are intended to remain in effect after service termination shall not be affected.
6. The company aims to provide services 24 hours a day, 365 days a year. However, the company may suspend services as outlined in Article 10. In such cases, prior notice will be provided whenever possible, and in unavoidable situations, notice may be given afterward.
7. The company may designate specific timeframes for different sections of the service and will notify members in advance if such limitations apply.
Article 10: Service Interruption
The company may temporarily or permanently suspend service provision under the following circumstances and will notify members using the methods outlined in Article 5:
a. When maintenance or construction work on server facilities is unavoidable.
b. When updates are necessary to improve the service.
c. When issues occur with dedicated network routes, such as disruptions or malicious large-scale external access.
d. When mechanical failure occurs due to natural disasters, national emergencies, or other force majeure events.
e. When a member’s service usage is deemed to affect the overall service.
f. When emergency system inspections, expansions, replacements, security threats, critical errors, or failures necessitate suspension.
g. Any other situations deemed necessary by the company.
If service interruption occurs due to reasons beyond the company’s control (e.g., disk failure or system downtime without the intentional misconduct or negligence of system administrators), prior notice may not be possible. Additionally, the company is not obligated to notify members if the interruption is caused by a third party (e.g., PC communication providers, telecommunications carriers).
If the company is unable to provide services due to reasons attributable to the company, compensation shall be provided to members in accordance with the provisions of Article 22.
Article 11: Service Usage Restrictions
1. If a member engages in any of the following actions, the company may delete the member's ID, enforce forced withdrawal, or restrict access. Additionally, the company may initiate legal procedures for criminal prosecution or administrative sanctions in accordance with relevant laws. If any of the following reasons are identified during the membership application process, the company may refuse or withhold approval for service use.
a. Using another person’s identity to apply for membership.
b. Using another company’s business registration number when applying for membership.
c. Providing false information or submitting incorrect business member details during membership application.
d. Failing to provide requested verification documents without a valid reason.
e. Submitting verification documents containing false, forged, or altered information.
f. Engaging in fraudulent service usage that has previously resulted in service suspension or forced withdrawal.
g. Reverse-engineering, decompiling, or disassembling the company’s services without explicit consent, or attempting to trace the service source code.
h. Engaging in any other actions that violate this agreement or applicable laws, making continued service use unreasonable.
2. Business members may access services as business members only after completing the document review process required by the company.
Article 12: Termination of Service Agreement
1. If a member disagrees with changes to the service terms, they may request termination of the service agreement.
2. The company may restrict service usage or terminate the agreement without prior notice or consent in the following cases, and no refunds or compensation will be provided:
a. If the responsible party for service fee payment fails to pay the required fees.
b. If the member’s business operations or promotions violate domestic laws and are expected to cause damage to the company.
c. If the member intentionally disrupts the company's services.
d. If the member intentionally or negligently violates obligations stated in this agreement.
e. If the member files for rehabilitation, bankruptcy, or similar restructuring procedures.
f. If the member uses the service for illegal purposes or distributes unlawful information.
g. Any other cases deemed necessary by the company.
3. If the member fails to pay the required fee for a paid service on the designated billing date, the paid service may be restricted or the paid service agreement may be terminated.
4. A member may request termination of the service agreement at any time, and the company will process the request immediately.
5. Paid service agreements cannot be terminated immediately. After submitting a termination request, the member may continue using the service until the end of the paid service period as specified in Article 9, after which the paid service agreement will be terminated.
6. The company is not responsible for storing any data entered by the member or any outputs generated during service use after termination. Members must back up their data and outputs before terminating the service agreement.
7. Upon termination, except where the company is required to retain member information under applicable laws and the privacy policy, all personal data of the member will be deleted. Additionally, any bonus credits, discount coupons, free usage passes, or vouchers held by the member will be forfeited.
8. As specified in Article 7, deleted data cannot be restored under any circumstances, and the company bears no responsibility for any loss. Members may not claim compensation from the company.
9. The same conditions apply to both membership withdrawal and service termination under this agreement.
10. If there are changes to the service, the company will notify members using the methods outlined in Article 5. If a member does not agree to the changes, they may terminate the service agreement.
Article 13: Service Fees and Payment Methods
1. Members must pay service fees determined by the company using credits, following the payment methods specified by the company. Details regarding service fees (excluding VAT) and payment methods will be provided on the company’s website.
2. Auto-charge policy is as follows:
a. Members may enable Auto-charge using a pre-registered payment method or payment information.
b. The minimum and maximum limits for Auto-charge may be determined according to the company’s policy.
c. The company may restrict Auto-charge in the following cases:
- If the payment method has insufficient funds.
- If the payment method is suspended due to transaction restrictions.
- If technical or regulatory issues prevent charging.
d. The company is not responsible for any failure of Auto-charge due to the member’s intentional or negligent actions.
3. Cancellation and refund policies for purchased credits and service fees shall follow the provisions outlined in Article 14.
4. Credit policy is as follows:
a. The company recognizes two types of credits: Bonus Credits and Cash Credits.
b. Bonus Credits are earned through various promotions and events hosted by the company and are non-refundable. If the service agreement is terminated, Bonus Credits will automatically expire. When the company provides Bonus Credits, the applicable usage period and conditions will be displayed on the website or communicated via email.
c. Cash Credits are credits purchased through the company's designated payment methods and are refundable according to the refund policy. If the service agreement is terminated, Cash Credits will automatically expire.
d. Credits may be used as a payment method for services provided by the company.
e. Credits cannot be used as collateral, transferred, or sold to other parties.
f. If a third-party payment method is used to purchase credits, the company is not bound by any contractual terms between the member and the third party. The company only holds contractual rights and obligations toward the member.
5. Members are responsible for keeping their email and mobile phone number up to date to ensure they receive accurate billing information.
6. If a member fails to update their contact information, resulting in non-receipt of billing statements, the responsibility lies with the member.
7. If the member fails to make a payment on the designated billing date, service usage may be restricted or terminated in accordance with Articles 11 and 12.
Article 14: Payment Cancellation and Refunds
1. If a member purchases credits but has not used them, they may request a payment cancellation and refund within seven (7) days from the date of purchase. In this case, the cancellation and refund will be processed.
2. The refund amount for the Assisted Setup service varies depending on the progress of the service, regardless of the payment date:
a. If the cancellation request is made while the service is in the waiting status before work begins, 100% of the service fee may be refunded following the procedure outlined in Paragraph 4.
b. If the service is already in progress, the service fee is non-refundable.
3. The company does not provide payment cancellations or refunds in the following cases:
a. If the refund request is made after the period specified in Paragraph 1 has expired.
b. If the service was not used or was voluntarily discontinued due to reasons attributable to the member.
c. If the payment was made using event rewards or Bonus Credits.
d. If any portion of the purchased credits has already been used.
e. If the purchase was made through illegal means, such as payment fraud or unauthorized acquisition.
4. Members must follow the procedure below to request a payment cancellation and refund:
a. Members must submit a refund request through the company's designated email or customer support channel in accordance with Article 14.
b. Refund requests submitted via email or customer support will be processed following the company's designated procedures.
c. Members are responsible for any payment processing fees associated with their chosen payment method. The company will refund the amount after deducting the applicable payment processing fees.
d. The company will process the refund within three (3) business days from the date of response to the member's refund request. If a refund is not possible, the company will inform the member in advance. For payment methods requiring receipt confirmation, the refund will be processed within three (3) business days from the confirmation date.
Article 15: Discounts and Surcharges on Service Fees
The company may temporarily apply discounts or surcharges to service fees based on its policies.
Article 16: Compensation for Unpaid Fees
If a member violates this agreement by failing to pay service fees, the member must compensate the company for damages equivalent to twice the unpaid amount. If the member’s violation causes damages exceeding this amount, the member shall compensate the company for the full extent of the incurred damages.
Article 17: Objections to Service Fees
1. If a member is unable to pay the service fee within the designated due date due to reasons attributable to the company, the company may make special arrangements for fee processing.
2. If an overpayment occurs due to an error by either the company or the payer, the company will refund the excess amount. Conversely, if an underpayment occurs, the company may charge the member for the outstanding balance.
3. Requests for refunds of overpaid fees must be made within one (1) year from the date of occurrence. After this period, objections will not be accepted.
4. If a member raises an objection regarding service fees, the company and the member may mutually agree to recalculate and adjust the charges accordingly.
Article 18: Objectivity of Service Content
1. The definition of service content and its calculation methods are determined internally by the company. The disclosure of these methods and details is at the sole discretion of the company.
2. The company does not guarantee the objective accuracy of the service content or the results derived from its use. The service is provided "as is" without any warranties.
Article 19: Protection and Retention Period of Service Outputs
1. Service-generated outputs, such as promotion operation data, cannot be provided to third parties by either the company or the member without the participant’s consent. However, this does not apply to anonymized data analysis results processed by the company in accordance with the Personal Information Protection Act for statistical purposes.
2. Service-generated outputs will be retained for the duration of the member's service usage and for up to three (3) months after the service period ends. After this period, the data may be deleted without prior notice to the member.
Article 20: Obligations of the Company
1. The company is responsible for ensuring the secure protection of members' personal information.
2. The company must provide relevant features that enable members to efficiently manage their ID and password.
3. The company may use member information for service provision and company operations. Additionally, non-personally identifiable statistical data may be shared with other institutions.
4. If personally identifiable information needs to be shared due to business partnerships or agreements with other companies, the company will obtain individual prior consent from members. Members who do not consent will not have their personal information used for such purposes.
5. The company will immediately delete personal information of withdrawn members, except when retention is required by applicable laws for transaction record purposes.
6. The company must comply with relevant laws and this agreement while striving to provide continuous and stable service.
7. To protect members' personal information, the company will disclose and comply with its Privacy Policy.
8. If a member submits a legitimate complaint or concern, the company must address the issue and may notify the member of the resolution process and outcome via service announcements, email, or other communication channels.
Article 21: Obligations of Members
1. Members may access and update their personal information at any time.
2. Members are responsible for maintaining their ID and password and are fully liable for any consequences resulting from negligence or unauthorized use.
3. Members may not resell or engage in commercial activities using the service without prior approval from the company. Any violations may result in liability for damages.
4. Members may not transfer, gift, or use their service rights or contractual status as collateral for third parties.
5. Members are solely responsible for any copyright issues arising from the information they provide.
6. Members must not engage in the following activities while using the service. Violations may lead to service restrictions or termination in accordance with Articles 11 and 12:
a. Providing, modifying, or distributing service content to third parties without prior company approval.
b. Hacking the service or spreading computer viruses.
c. Any activity that disrupts or could disrupt service operations.
d. Impersonating company staff or the company itself.
e. Infringing on the intellectual property rights of the company or third parties.
f. Uploading illegal content, including pornography, drugs, or any material that violates applicable laws.
g. Engaging in activities that damage the company’s reputation.
h. Using the company’s service content for commercial purposes in ways not authorized by the company.
i. Any other actions that violate applicable laws, this agreement, or the company’s operational policies.
Article 22: Compensation for Damages
1. The company is not liable for any damages incurred by members from using the service, except in cases of willful misconduct or gross negligence by the company. If a member suffers damages due to the company's willful misconduct or gross negligence, the company shall compensate the member up to the amount paid by the member for the service.
2. If a member violates the terms of this agreement and causes damage to the company's business operations, the member is responsible for compensating the company for such damages.
"If a member is unable to use the service due to the company’s fault, the member may choose to receive either:
- A refund in Bonus Credits, calculated by multiplying the average daily service fee by the number of hours the service was unavailable, divided by 24, or
- A free service extension equivalent to the period of service interruption.
However, compensation is not provided in the following cases:
"
a. If the service disruption occurs during a free service period.
b. If the disruption is caused by partner services or any services not directly operated by the company.
c. If the issue is resolved within three (3) hours after the member reports the service outage (or after the company becomes aware of the issue).
d. If the service suspension was pre-announced at least 24 hours in advance. However, if the suspension exceeds 10 hours beyond the announced period, the service usage period will be extended for the excess time free of charge.
4. The company shall not be liable for any damages related to the use of free services unless otherwise specified by applicable laws.
5. The company is not responsible for service interruptions or issues caused by the fault of the member or participant. Additionally, the company bears no liability for damages incurred by users if a telecommunications service provider suspends or fails to properly provide services.
6. The company is exempt from liability if service provision is disrupted due to war, incidents, natural disasters, national emergencies, unavoidable technical defects, or other force majeure events beyond the company’s control.
7. The company is not liable for service interruptions or malfunctions resulting from pre-announced or emergency maintenance, replacement, periodic inspections, or construction of service-related facilities.
8. The company is not responsible if a member does not achieve the expected benefits from using the service.
9. The company is not liable for any service-related issues arising from the member’s device environment, network conditions beyond the company’s control, or other external factors.
10. The company has no obligation to intervene in disputes between members and third parties that arise through the service and shall not be held responsible for any resulting damages.
11. The company shall not be liable if a member does not achieve the expected utility from using the service.
12. To claim damages, the member must submit a request via email or customer support, specifying the reason for the claim, claimed amount, and the basis for calculation.
Article 23: Delegation of Personal Information Processing
1. During the service usage period, the member entrusts the company with the processing of participant personal information.
2. The purpose and scope of the entrusted processing are as follows. The company shall not process or use personal information beyond the designated purpose and scope:
- Purpose of delegation: Execution of promotions and management of outputs generated through service usage.
- Scope of delegation: Personal information collected through the service, including name, phone number, email address, and other relevant data.
"The company shall take reasonable and appropriate administrative and technical measures to ensure the security of personal information in accordance with the following regulations:
Article 23(2), Article 24(3), and Article 29 of the Personal Information Protection Act
Articles 21, 30, and 48-2 of the Enforcement Decree of the Personal Information Protection Act
Personal Information Security Guidelines (Personal Information Protection Committee Notice No. 2021-2)
Technical and Managerial Protection Measures for Personal Information (Personal Information Protection Committee Notice No. 2021-3)"
4. The company shall not subcontract the delegated personal information processing tasks to a third party without the prior consent of the member.
5. Members have the right to review and inspect the company’s personal information management practices and may request corrective measures if necessary. The company must comply with such requests unless there is a valid reason not to.
6. Upon the termination of the member’s service usage period, the company shall promptly dispose of the entrusted personal information without delay.
Article 24: Ownership of Intellectual Property Rights
All intellectual property rights, including copyrights related to the service, belong to the company. Members must make efforts to protect the company's intellectual property rights when using the service and its content.
Article 25: Use of Promotional Content
1. The company may reference the fact that a member is using its services in promotional materials. Members agree that their company name, corporate identity (CI), and logo may be used in such promotional content. If a member terminates the service agreement, the company will no longer use the member’s information for promotional purposes.
Article 26: Disclaimer for Partner Services
The company may provide partner services in collaboration with third-party companies within the service. These partner services are governed by the terms and conditions of the partner company, not by this agreement. If the partner company's terms apply, the company will inform members in advance. The company is not liable for any damages incurred by members from using partner services unless the company is directly responsible for such damages.
Article 27: Disclaimer for Beta Features
The company may provide beta features within the service for testing purposes, and members may choose to use these features at their own discretion. Members assume full responsibility for the use of beta features. The company may discontinue beta features at any time, and members may also stop using them at their discretion. These terms will be notified again in advance when a member opts to use beta features.
Article 28: Governing Law and Jurisdiction
In the event of a dispute arising from the use of the service, the laws of the Republic of Korea shall apply. The Seoul Central District Court shall have exclusive jurisdiction as the court of first instance.
[Addendum]
Announcement Date: April 1, 2024
Effective Date: May 1, 2024