Effective Date: 10 Nov 2023
These terms and conditions are established by Dogu Technologies Co., Ltd. (hereinafter referred to as the "Company") for the purpose of defining the rights, obligations, responsibilities between the Company and its members in relation to the test solution service and all related services (referred to as "Service").
By using the Service, the user agrees to these terms. If the user does not agree to these terms or does not have the legal authority to consent as a representative, we kindly ask that you refrain from using the Service. Additionally, please be aware that the Company is not responsible for any difficulties or inconveniences experienced by users during the use of the Service. Matters not specified in these terms and the interpretation of these terms shall comply with relevant laws of the Republic of Korea, including but not limited to the "Electronic Commerce Consumer Protection Act," the "Act on the Regulation of Terms and Conditions," the "Act on Promotion of Information and Communications Network Utilization and Information Protection," and the "Telecommunications Business Act." The Company may establish separate service operation policies in addition to these terms as necessary.
1. Definition of Terms
- Member: Refers to a customer who provides personal information to the Company, completes membership registration, and enters into a service agreement with the Company to use the services provided by the Company.
- Service: Refers to the test solution service and all related services (Dogu) provided by the Company to its members.
- Cloud Service: Refers to the various services related to the Company's website (https://dogutech.io) provided by the Company within the services.
- Private Service: Refers to the independent server and related services provided by the Company to its members within the services.
- License: Refers to the authentication key received by members using Private Services, obtained by paying a subscription fee to access paid content provided by the Company.
- Manual: Encompasses all the content specified by the Company, including manual guides indicated on the service screen, notifications on each menu and service screen, notices posted on the service, and all explanations regarding the services provided online by the Company. It includes descriptions of usage rights, member obligations, responsibilities, and related details.
2. Service Agreement
- The service agreement is established when an individual who wishes to become a member completes the application process according to the Company's designated registration form, agrees to the terms, and applies for membership by completing the input process. The Company accepts this application and registers the individual as a member. The registration form may vary depending on the Cloud Service or Private Service.
- The Company registers individuals who apply for membership through the method described in the first clause. However, the Company may delay membership registration or restrict service usage for individuals falling under the following criteria, and may even reject membership applications:
- If the application is made using someone else's identity
- If the registered information is found to be false (including email impersonation)
- If the applicant has previously lost membership status in the relevant service by violating these terms, the manual, notices, or other related laws and regulations
- If there is a history or suspicion of the member disrupting the Company's business activities
- If there are concerns about violating social order and public morals
- Other individuals for whom the Company finds it difficult to approve for reasons concerning the Company
- The Company may withhold approval if there is insufficient capacity in the service-related facilities or if there are technical or operational issues.
- In cases of non-approval or delay, the Company will notify the individual who applied for membership of the reasons via email or other means of communication.
- The establishment of the service agreement is based on the moment when the Company's acceptance reaches the applicant for membership.
3. Service Usage
The service is available 24/7 throughout the year, although there may be instances where all or part of the service is temporarily suspended. The available hours for usage may vary depending on each aspect of the service. The Company notifies members in advance via the email registered about any such changes.
The Company provides Cloud Test Solution Services and Private Test Solution Services. However, the Company reserves the right to suspend all or part of the service under the following circumstances:
- When maintenance, repair, or replacement of the infrastructure facilities for the service is necessary
- When a telecommunications operator defined in the Telecommunications Business Act suspends telecommunications services
- When system equipment failures occur due to overwhelming usage of the service or similar reasons
- When uncontrollable events such as national emergencies or power outages occur
- For regular maintenance, urgent system inspections, or other instances deemed appropriate by the Company
In the event that the Company needs to suspend service provision due to such reasons, the Company informs the members through site notices or via the registered email addresses.
The Company may divide the provided service into specific ranges and separately define the available hours for each range. In such cases, this information is provided in advance.
4. Service Modifications
The Company reserves the right to modify all or part of the services provided based on business or technical necessities. In such cases, the Company informs its members about the changes and the dates of these changes through site notices or via registered emails.
5. Service Usage Fees
The Company's services are divided into free and paid services. Detailed information regarding the fee structure and usage fees for the paid services can be found on the site (https://dogutech.io/pricing).
The Company reserves the right to modify the fee structure and usage fees, and any changes will be announced on the site 30 days before they take effect.
5-1. Cloud Service
All paid content within the Cloud Service operates on a prepaid basis and can be accessed through monthly or yearly subscription payments. Monthly subscription payments are made monthly on the same date as the initial payment, while yearly payments are made once a year on the same month and date as the initial payment. Members can change the billing period and paid content at any time, but as it is prepaid, the Company does not refund or compensate for the remaining usage period. Changing the billing period or paid content may result in additional charges.
Monthly subscription payments are automatically processed on the same date as the initial payment. For instance, if the subscription was made on January 1st, subsequent payments will be processed on February 1st, March 1st, April 1st, and so on. Yearly subscription payments are automatically processed on the same date as the initial payment each year. For example, if the subscription was made on January 1st, it will renew on January 1st of each subsequent year.
If the current month lacks the payment date, it will be adjusted to the closest previous date. For instance, if the payment date is on the 31st of each month, it will be adjusted to the 30th in months like April, June, September, and November, and to the 28th or 29th in February. From the following month, it will revert to the original payment date.
5-2. Private Service
All paid content within the Private Service operates on a prepaid basis and can be accessed by purchasing a license. The license remains valid from the date of issuance for the duration requested by the member, and after its expiration, only free content can be accessed.
6. Withdrawal and Refund of Paid Content Usage
If a member is unable to use the service in line with its intended purpose and objectives after the initial payment for the service and has not used the paid content at all within 7 days, a full refund of 100% can be issued through the original payment method used for the payment.
Refunds for paid content usage or regular payments follow the following guidelines:
- If a refund is requested within 7 days from the payment date, 50% of the usage fee will be refunded.
- No refunds will be issued if more than 7 days have elapsed from the payment date.
- No refunds will be provided if the member violates their obligations resulting in contract termination or membership withdrawal.
7. Collection of Payment Information
Members provide payment information, tax invoices, or receipts issuance, and information for payment processing results to the Company for the utilization of paid content.
When a member utilizes paid content within the service, the following information is provided to the Company for payment purposes:
- Cloud Service: Email address, card number, expiration date, CVC number, and address
- Private Service: Information required by the Company for the requested payment method
8. Company Responsibilities
The company strives to provide the service continuously and reliably. In unavoidable situations such as natural disasters or emergencies, the service may be temporarily or permanently suspended.
The company does not distribute or disclose members' information acquired during service provision to third parties without the member's consent. However, this does not apply in cases stipulated by related laws for the purpose of criminal investigations by national agencies or upon request. Additionally, in cases of non-payment of usage fees, after notifying the member, the company may provide information to credit information agencies or credit bureaus.
The company promptly and sincerely reviews any complaints or opinions raised by members. Within 15 business days from the date of receiving the complaint or opinion, the company will review and address the issue. In the event of any delay in handling, the reasons for the delay and the schedule for resolution will be communicated via email.
9. Member's Responsibilities
Members must comply with relevant laws and regulations, the provisions of these terms, usage guidelines, and any other notifications provided by the company. They must refrain from any actions that disrupt the company's operations.
All intellectual property rights related to the service belong to the company. Members are not allowed to copy, reproduce, modify, translate, publish, broadcast, or provide any service-related information to others without the prior consent of the company.
If there are any changes in the information provided in the membership application, members are required to update it through the website or notify the company via email or other methods. The company is not responsible for issues arising from the failure to update the information in the membership application.
Members must refrain from the following actions related to service usage. In cases where these actions are observed, the company reserves the right to suspend the member's service usage or terminate the service contract:
- Illegitimate use or falsification of another member's ID
- Engaging in criminal activities or actions related to criminal acts
- Violating the intellectual property rights of others
- Hacking or spreading computer viruses
- Transferring, donating, pledging, or selling services received from the company without explicit consent
- Any actions that may interfere with or pose a threat to the stable operation of the service
- Actions that violate related laws
- Violations of these terms, other policies stipulated by the company, and other related laws
10. Member's Obligations for ID and Password Management and Signout
Members are solely responsible for managing their ID (email) and password. Members should not allow a third party to use their ID (email) and password. If a member becomes aware of their ID (email) and password being stolen or used by a third party, they must promptly notify the company and follow the company's instructions if provided. The member bears full responsibility for any consequences resulting from their failure to notify the company.
Members must ensure to accurately log out after each use of the service. The company shall not be liable for any damages or losses incurred by the member due to failure to accurately log out, leading to third-party use of the member's information.
11. Termination of Service Agreement
Members can request termination of the contract on the website. The company reserves the right to terminate the contract without prior notice if the member engages in illegal or unfair activities.
In cases where the termination process involves system issues or requires confirmation of problematic member registration, which may take several days, the company will notify the member of the reasons and carry out the termination process subsequently.
If a member engages in actions contrary to the member's obligations, the company reserves the right to immediately terminate the contract without prior notice. In such cases, the company may claim damages from the respective member.
12. Usage Restrictions
If an individual or corporation engages in actions that violate fair service usage, such as registering with multiple accounts, the service may be restricted.
If a member's payment for a paid subscription fails to be processed correctly, the company may consider it as overdue payment for service usage and could restrict access to the service. This applies similarly in cases where additional usage fees resulting from changes in the fee structure are not paid.
13. Compensation for Damages
In the event that a member is unable to access paid services due to significant faults attributable to the company, the company will compensate for the resulting damages. However, this excludes cases where the service resumes within 24 hours.
The amount paid by the company for compensation to the member due to damages cannot exceed the monthly or yearly usage fees paid by the member. The company does not compensate for damages resulting from the use of free services.
Claims for compensation must be submitted to the company by specifying the reasons via email or in writing, and such claims will only be valid if submitted within three months from the date the reasons for the claim occurred.
The company is exempt from responsibility for service provision in cases of force majeure, war, DDoS (Distributed Denial of Service) attacks, or similar unavoidable circumstances.
The company is exempt from liability in cases where losses occur due to the cessation of telecommunication services by a telecommunications service provider or the failure to provide services normally.
The company is not responsible for service disruptions caused by the member's fault.
The company is exempt from liability for damages resulting from the member not attaining expected benefits from the company's service or from losses incurred due to the member's choices or use of service materials.
The company does not assume responsibility for data loss, damage, or other harm to the member's data, such as apps or test results, not attributed to the company's fault. Therefore, members should always take separate storage measures for their data.
The company is exempt from liability for damages caused by unavoidable circumstances such as maintenance, replacement, routine inspections, construction, etc., concerning service equipment.
The company is not liable for damages caused by user computer errors or losses arising from inaccurate information provided by the member during service use.
The company is not responsible for any damages resulting from information obtained by the member while using the service.
The company does not guarantee the member's identity. Also, the company does not compensate for any mental or material damage incurred by the member due to the actions of other members using the service.
The company has no obligation to intervene in disputes arising between users or between users and third parties through the service, and thus, is not liable for resulting damages.
The company is not liable for the use of free services provided to members unless otherwise specified by relevant laws.
The company is not responsible for any losses incurred due to the member's violation of these terms and conditions.
The company is exempt from responsibility for issues arising from materials that the member has permitted to be made public.
The company is unaware of the reliability or accuracy of information, data, or facts communicated by the member or exchanged between the member and others through the service. Should any social, ethical, or legal issues arise from such content's truthfulness or copyright infringement, the responsibility lies with the member.
The responsibility for damages caused by the member's negligence resulting in the non-delivery of internal notifications rests with the member.
15. Jurisdiction and Applicable Law
This agreement is based on the Korean language. Korean law shall apply as the governing law for legal relationships related to this agreement or the service. In case of any disputes between the member and the company arising from this agreement or the service, the parties shall make sincere efforts to resolve the dispute amicably. However, if the dispute cannot be resolved, it shall be settled in accordance with the procedures stipulated in the Korean Civil Procedure Act.