Terms
of Use for the X Caliber Platform Service
Article 1
(Purpose)
These terms of use (hereinafter referred to as these
"Terms") are established for the purpose of stipulating the
conditions, procedures, rights, obligations, and other necessary matters
between COVET Co., Ltd. (hereinafter referred to as the "Company")
and Members (as defined below) in relation to the use of the X Caliber service provided
by the Company(hereinafter referred to as the "Service").
Article 2
(Effect and Amendment of the Terms)
①
These Terms shall
become effective for all Members who wish to use the Service.
②
The contents of these
Terms shall be posted on the Website (as defined below) or notified to Members
through other means by the Company. By agreeing to these Terms, these Terms
shall apply to Members.
③ The
Company may amend these Terms when deemed necessary. In the case of amendment,
the Company shall notify Members of the reason for the amendment and the
effective date of the amended Terms in the same manner as indicated in the
preceding Paragraph 2 at least 7 days prior to the effective date, along with
the current Terms. However, in the event of changes that are disadvantageous to
Members or significant changes to Members' rights or obligations, the Company
shall, at least 30 days prior to the effective date, make a public notification
and provide individual notice to Members via email. (If individual notice is
difficult due to the absence or change of the Member's contact information, the
Company will be deemed to have provided notice by posting the amended Terms on
the Website.)
④ If
the Company provides notice or announcement of the amended Terms according to
the preceding paragraph, and includes the statement that failure to refuse the
amendment by the date of application shall be regarded as consent, then the Member’s silence
shall be deemed as consent. Should a Member not explicitly indicate their
refusal by the effective date of the Terms, they will be considered to have
consented to the amended Terms. Members who do not agree to the amended Terms
have the right to discontinue the use of the Service and terminate an agreement
for the use of the Service (hereinafter referred to as the “Service Agreement")
(Withdraw from membership).
⑤ Agreeing
to these Terms implies that the Member consents to regularly visit the Website
of the Service operated by the Company to check for amendments in these Terms.
The Company shall not be held responsible for any damages incurred by Members
who are unaware of the amended Terms.
Article 3 (Other
Applicable Rules)
① Matters
not specified in these Terms shall be governed by the "Act on Promotion of
Information and Communications Network Utilization and Information Protection,
Etc.", the "Act on Regulation of Terms and Conditions," the
"Telecommunications Business Act," relevant laws and regulations, as
well as individual Service Agreements, usage regulations, or specific
guidelines provided by the Company.
② The
Company may establish provisions applicable to specific services (individual Service Agreements
or detailed usage guidelines) and notify them in accordance with the methods
specified in Article 2, Paragraph 2.
③ Changes
in the Company's policies related to these Terms, revisions to laws, or notices
from public institutions or guidelines also constitute part of the Service Agreement,
and the Company shall notify Members of such changes on the Website through the
noticeboard, etc.
Article 4
(Definitions)
The definitions of terms used in these Terms are as
follows. Interpretations of undefined terms shall follow the guidelines
provided on the Website or relevant laws.
Article 5
(Membership Registration and Application for Use)
①
To register for Membership
and apply for usage of the Service, individuals must agree to the Terms on the
membership registration screen or member information registration screen
displayed on the Website. They must also fill in the necessary information as
per the membership application form provided by the Company.
②
Depending on the
nature of the provided service, the Company may request additional information at
the time of application or require consent to separate terms (including consent
to personal information processing) and identity verification procedures to be
completed. In such cases, individuals intending to subscribe to and use the Service
must consent to the separate terms of the Individual Service and complete the required
procedures, including identity verification.
③
Some services requires the use of an authentication key issued via their
respective websites.
④
For the use of the Service,
Members must accurately enter their contact information (email and mobile phone
number), and failure to do so may result in the Company restricting the usage
of the Service.
①
The Service Agreement
is established upon the Company’s acceptance of the application submitted by
the individual (hereinafter referred to as the "Applicant") who
wishes to become a Member.
②
Consent to these Terms
constitutes the Member's agreement to all services currently provided or to be
provided by the Company in the future.
Article 7
(Approval and Restriction of Application)
①
As a general
principle, the Company shall approve the use of the Service for applications in
the absence of any business or technical hindrance according to Article 6.
However, the Company may defer approval or reject applications under the
following circumstances, until the reasons for deferral are resolved:
1. When the Applicant
uses someone else's name or personal information, such as email or mobile phone
number, to falsely register as a Member.
2. When the Applicant
has previously lost membership qualifications, except for cases where five
years have passed since the loss of membership qualification and the individual
has obtained re-admission approval from the Company.
3. When the provision
of the Service is technically impossible.
4. When the Applicant
omits or provides false registration information.
5. When the Applicant
applies with the intention of disrupting or undermining public order or morals,
or with the intention of causing such disruption or undermining.
6. When the Applicant
fails to meet the requirements specified by the Company, submits an unlawful or
unfair application, or when the Company finds reasons attributable to the
member that prevent approval.
②
In the case where the
Company defers approval or rejects the application as per Paragraph 1 of this
Article, the Company shall inform the Applicant of the reason for deferral, the
potential date of approval, or additional information or documents required for
approval through the corresponding service screen or via email, etc.
③ For
the purposes of improving service quality or other necessary reasons, the
Company may classify Members into different grades and differentiate their
usage time, frequency, service menu, and other relevant matters accordingly. .
Article
8 (Provision of the Service)
①
The Company provides
the following services to Members:
1. Mediation of sales related to imaging
equipment and handling of billing
2. Provision of AI services based on imaging
equipment images
3. Other services provided by the
Company or business affiliates related to the Service
②
The services listed in
Paragraph 1 shall be provided according to the instructions for each service on
the Website.
Article 9
(Usage Time and Limitations of the Service)
① The
period for providing the Service to Members extends from the date of the
Company's approval of use of the Service to the termination of the Service Agreement
or the termination of the Service, excluding cases where the Service is
purchased. Fore purchased services, the period commences after successful
authentication and completion of the purchase.
② The
Company may set usage restrictions for each service and define usage hours
separately for different ranges. In such cases, the Company shall announce the
details on the Website.
③ The Service
is provided 24 hours a day, 365 days a year, unless there are any technical or
operational obstacles. The Service may be temporarily suspended for regular
system maintenance, expansion, replacement, or other tasks determined by the
Company at pre-specified times. In the event of an emergency, such as critical
bugs, server malfunctions, communication breakdowns, or urgent security issues,
the Company may provide notice post facto if prior notice is not feasible.
Article 10
(Changes and Suspension of the Service)
① The
Company may change or suspend the Service, including Individual Services, based
on the Company's policies and operational requirements. In such cases, the
Company shall announce the changes on the Website or notify Members in
accordance with the methods specified in Article 21 before implementing the
changes or suspension.
② The
Company may limit or suspend all or part of the Service in the following cases:
1. In cases where unavoidable due to maintenance
work on service equipment
2. In cases where normal service is disrupted due
to power outages, equipment failures, excessive use, etc.
3. In cases where the Company cannot maintain the Service
due to circumstances such as the termination of contracts with business
affiliates (BP)
4. In cases where force majeure events such as
natural disasters, national emergencies, etc., occur
5. In cases where the Company deems it appropriate
for the policy and operation of new services or other necessary reasons
③ The
Company may discontinue or change all or part of the free services without
providing separate compensation to Members, unless otherwise specified by
relevant laws.
Article 11
(Service Charges)
①
The Services are
categorized into free services and paid services (fixed-rate services,
usage-based services).
②
The Company shall post
the fees and usage limits of paid service on the Website.
Article 12
(Calculation and Settlement of the Service Charges)
①
The fees for paid
services are billed on a 30- day billing cycle starting from the date of application for the Service.
If there is no corresponding date in the following month, the last day of the
following month is used as the basis for billing.
②
During the use
of a fixed-rate service, if the user
changes his or her service plan, the existing fees based on the previous
plan will be calculated on a daily basis and billed until the day before the
change request. The changed plan will take effect from the day of the change
request.
③
During the use
of a usage-based service, if the user
changes his or her service plan, the existing fees based on the previous
plan will be calculated on a daily basis and billed until the day of the change
request. The changed plan will take effect from the day after the change
request.
④
When the Service Agreement
is terminated, Members are required to pay the settlement amount. Unless a
different billing period is specified in a separate agreement
, the settlement amount refers to the unpaid fees and service usage fees
for the month in which the termination was requested.
Article 13
(Payment and Billing for Service Usage)
①
The Company shall
issue an invoice for the service usage fee to the Member via email, and the
Member must pay by the specified due date.
②
The payment method for
the service usage fee for the Service is by using a credit card.
③ The
Company shall not be responsible for any disadvantages caused by the Members’
failure to update their email information provided during registration. In case
of non-payment due to this reason, the Member must still make the payment for
the outstanding fees.
④ If a
Member fails to make the payment for the service usage fee within 30 days from
the payment due date, the Company may terminate the Service in accordance with
the procedures and method specified in these Terms and posted on the Website.
⑤ If a
Member applies for automatic payment, the fee for the paid service will be
automatically charged on the designated payment date and method each month,
regardless of the actual usage of the paid service.
Article 14
(Responsibility for Payment)
The Member is responsible for paying the service usage
fee for the Service. In the case of a corporate Member, the responsible party
for payment of the service usage fee can be designated among the members of the
corporate entity.
Article 15 (Objection
to Invoice)
①
If a Member disagrees
with the invoiced fee for the paid service, the Member may raise an objection
to the Company officially within 14 days from the date of receiving the
invoice, either via email or through 1:1 inquiry feature of the Service.
②
The Company shall
notify the Member of the review results within 14 business days after receiving
the official objection mentioned in the preceding Paragraph.
③
If the Company is
unable to notify the Member within the period specified in Paragraph 2, the
Company may notify the Member of the reason for the delay.
Article 16
(Refund of Service Charges)
①
If there is an
overpayment in the service usage fees made by the Member, the Company may
deduct the overpaid amount from the Member's service usage fees for the
following month.
②
If the Member requests
a refund for the overpaid amount mentioned in Paragraph 1, the Company shall
refund the corresponding amount to the Member through the payment method used.
③
In the event that
cumulative service outages attributable to the Company's fault exceeds 8 hours
within one month without prior notice, the Company shall provide the Member
with free service time equivalent to the duration of the downtime.
Article 17
(Change of Member Information)
The Member must
diligently manage their own member information for the use of the Service and
must update any changes to the information. The Members are responsible for any
issues arising from delayed or omitted updates to their information.
Article 18
(Provision of Information and Advertisement)
① The
Company may provide various information related to the Services to Members
through the service interface or methods such as email.
② The
Company may display advertisements related to the Service or its business affiliates'
services on the service interface or provide them to Members through methods
such as email after obtaining the Members’ consent.
③ Interactions
or transactions resulting from using the advertisements displayed on the Service
or participating in promotional activities by advertisers through the Service
are entirely between the Member and the advertiser. The Company assumes no
responsibility for disputes or issues arising between the Member and the
advertiser, and the Member and the advertiser must resolve such matters
directly.
Chapter 5:
Obligations of the Parties to the Service Agreement
Article 19
(Company's Obligations)
① The Company
shall endeavor to provide continuous and stable services.
② The
Company shall make efforts to protect Members' personal information in
accordance with relevant laws. Matters related to the protection of Members'
personal information are in accordance with relevant laws and the Company's Privacy
Policy.
③ The
Company shall not disclose or distribute Members' personal information acquired
in connection with the provision of the Service to third parties without the
Members’ consent. However, in cases required by related laws for investigative
purposes by relevant agencies or as requested by the Korea Communications
Standards Commission or other legally authorized organizations based on legal
grounds, the Company may disclose such information.
④ The
Company may create and use statistical data that cannot distinguish individual Members
by using all or part of Members’ personal information for the purpose of business
analysis or Service improvement, without prior consent of Members.
⑤ In
cases where opinions or complaints raised by Members related to the Service are
deemed reasonable, the Company shall promptly address them. If immediate
resolution is difficult, the Company may post the reason and resolution
schedule on the interface of the Service or notify the Member via email.
⑥ The
Company shall comply with regulations related to the operation and maintenance
of the Service, including the Act on Promotion of Information and Communications
Network Utilization and Information Protection, the Protection of
Communications Secrets Act, and the Telecommunications Business Act.
Article 20
(Member's Obligations)
① When
applying for membership, the Member must provide accurate information based on
facts. The Member cannot claim any rights if false or another person's
information is registered.
② The
Member must not engage in or intend to engage in the following acts while using
the Service provided by the Company, and the Company may terminate the Service Agreement
without prior notice to the Member who performs such acts:
1. Registering
false information upon application or modification
2. Stealing
another person's information
3. Changing,
replicating, distributing or commercially using any information obtained in the
course of using the Service without the Company's prior approval
4. Transmitting
or posting information other than information specified by the Company
(computer programs, etc.)
5. Infringing
on intellectual property rights, portrait rights, or other rights of the
Company or third parties
6. Defaming
the honor of the Company or other third parties, or interfering with their work
7. Publishing
or posting obscene or violent messages, images, audio, or other content
contrary to public morality on the Service
8. Collecting,
storing, distributing, or posting other Members' personal information without
the Company's approval
9. Exploiting
program bugs
10. Intentionally
interfering with the operation of the Company's services or obstructing the
stable operation of the Service
11. Pretending
to be a Company employee or Administrator or impersonating another person to
post content or send emails
12. Imitating
the Service or imitating, emulating, or counterfeiting the Company's brand
13. Using
the Company's trademarks without authorization for purposes other than
indicating the source on the interface of the Service
14. Other
acts that violate public order and morals, or that are illegal or unfair, or
that violate related laws
③ The Member
must comply with relevant laws and regulations, terms and conditions, service
usage guidelines, cautions posted on the Service, service operation and development
guides, and notifications provided by the Company related to use of the Service.
The Member must not engage in actions that disrupt the Company's operations.
④ Except
in cases officially acknowledged by the Company, the Member must not engage in
commercial activities, including selling products through the Service. In
particular, prohibited activities include hacking, generating profits through
advertisements, engaging in commercial activities through adult content
websites, illegal distribution of commercial software, and similar actions. The
Company holds no responsibility for legal actions, results of business
activities, losses, etc. resulting from such violations. The Member assumes
liability for any damages and indemnities towards the Company related to such
actions.
⑤ In
case the Members discover errors or issues in the Service, they are required to
promptly inform the Company and actively cooperate with the Company's efforts
to improve the Service.
①
The Company may notify
Members of necessary rights and obligations related to the use of the Service
through the Member's designated email address or other methods. However, if
individual notification is not possible due to limitations of the email
service, the Company may instead provide notification through announcements on
the Website, for which the Company is not responsible for any resulting issues.
②
In the case of
notifications to multiple unspecified Members, the Company may provide such
notifications by posting them on the Website instead of individual
notifications.
Article 22
(Obligations and Responsibilities for Management of Member IDs and Passwords)
①
Members must manage
their IDs and Passwords thoroughly. Members are responsible for any
consequences resulting from neglecting the management of their IDs and Passwords
or unauthorized use.
②
Members must not allow
third parties to use their IDs and Passwords. If Members discover that their
IDs and Passwords have been stolen or are being used by third parties, they
must immediately notify the Company and follow the Company's guidance if
provided.
③
A Member's ID cannot
be changed.
Article 23
(Termination of Contract and Restriction of Use)
①
If a Member terminates
their membership, individual Service Agreements currently in use will also be terminated.
However, if the Withdrawal of membership is not possible due to operational
policies of Individual Services, the termination of the X Caliber membership
may be restricted.
②
When a Member intends
to terminate the Service Agreement, they must apply for termination through the
method specified separately by the Company on the Website. In this case, the
Member's use of the Services provided to customers, service usage customers,
etc., related to the Service Agreement may be suspended, and if the Member is a
B2B Member the Member shall be responsible for any restrictions on the service
usage of the B2B2C Member resulting from such suspension.
③
If a Member violates
these Terms, operation policy or service operation and development guides of the
Company, or individual Service Agreement, the Company may restrict the use of the
Services, terminate the Service Agreement, or take other actions such as
warnings, temporary or permanent suspension of the provision of the Service without
prior notice.
④
If a Member raises
objections to the suspension of the provision of the Service and other
restrictions related to use of the Service in accordance with the procedure
established by the Company, the Company shall promptly resume the provision of the
Service if the objection is deemed legitimate.
⑤
If the Service Agreement
between the Member and the Company ends due to a Member's use of the Service is
terminated or revocation of membership, etc., except as provided in laws and
regulations, the Company may delete all information related to the Member,
including Posts, to maintain a better service environment. Therefore, before
the termination of the Service Agreement, the Member must separately back up
any information that needs to be retained, and the Company is not responsible
for any liability arising from the deletion of information related to the
Member after its termination of the Service Agreement.
Article 24
(Prohibition of Assignment)
Members shall
not assign, transfer, offer, give as a gift, or provide as collateral their contractual
rights under the Service Agreement, including the right to use the Service, to
others.
Article 25 (Liability)
①
If a Member causes
damages to the Company by violating the provisions of these Terms, the
violating Member shall compensate for all incurred damages.
②
If the Company faces
claims for damages or various objections, including lawsuits, from third
parties other than the Member due to illegal acts or violations of these Terms
during the Member's use of the Service, such Member must indemnify the Company
at his or her own responsibility and expense. If the Company is not exonerated,
the Member shall compensate for all incurred damages to the Company.
③
The Company may request the Members to provide
necessary information or supporting documents related to compliance with
relevant laws in relation to the Service and the Members must comply with such
requests.
④
The Company shall not bear any legal
responsibility for damages incurred by the Member due to inability to use the
service, unless there is culpability on the part of the Company. In the case of
free services, the Company shall not bear any responsibility, and in the case
of paid services, the Company shall bear responsibility as stipulated in these
Terms or individual service terms, including refunds of service fees. The scope
of such responsibility is limited to direct damages.
Article 26 (Indemnification)
①
In the event that the
Company is unable to provide the Service due to force majeure or equivalent
circumstances (such as natural disasters, power outages, interruptions in
normal use of the Service due to equipment failures or excessive usage, etc.),
the Company shall be exempted from liability for the provision of the Service.
②
The Company shall not
be held responsible for service usage disruptions caused by the Member's own
fault.
③
The Company shall not
be held responsible for any loss of expected profits that the Member may
anticipate from using the Service, and shall not bear any responsibility for
damages arising from choices or use of the Service.
④
The Company has no
obligation to intervene in disputes arising between Members or between a Member
and a third party (including business affiliates) resulting from transactions
mediated by the Service. The Company shall not be liable for any damages
arising from such disputes. If a third party involved in a dispute with a
Member raises objections against the Company, the Member must exonerate the
Company at their own expense and responsibility.
⑤
Contracts for the
sale, maintenance, and servicing of video equipment and devices are entered
into between the device supplier and the Member (device user). Such contracts
are under the responsibility of the device supplier and the Member, and the
Company does not provide any warranties or bear any responsibility regarding
the quality level of individual devices provided by the device supplier.
⑥
The Company shall not
be responsible for the reliability, accuracy, or content of information, data,
facts, opinions, etc., posted by the Members in connection with the Service.
Furthermore, the Company shall not be responsible for any damages caused by
data obtained through the Service.
⑦
The Company shall not
be responsible for transactions between Members and third parties (linked
through links, banners, etc.) that occur through the interface of the Service.
Article 27
(Dispute Resolution and Jurisdiction)
①
In case of
disagreements or disputes between the Company and a Member regarding the use of
the Service, the Parties shall make efforts to resolve the dispute amicably through
mutual consultations.
②
If disputes as
mentioned in Paragraph 1 cannot be resolved amicably and lead to litigation,
the court with jurisdiction according to the Civil Procedure Act shall have
jurisdiction over the lawsuit.
③
Disputes between the
Company and a Member shall be governed by the laws of the Republic of Korea.
Addendum
(Effective Date) These Terms shall be effective from July 31, 2026.