Terms of Service
Article 1 Purpose
The purpose of the Terms of Service is to stipulate the basic terms and conditions of use when using device-based mobile services (hereinafter referred to as “Services”) provided through H&H Corp. (hereinafter referred to as the “Company”), by those who use these Services (hereinafter referred to as “Users”).
Article 2 Definition of Terms
Definitions of terms used in these Terms of Service are as follows.
- A user refers to a person who enters into agreement in accordance with these Terms of Services and use any of the Services provided by the Company.
- Content refers to all digitally-created content regarding the Services provided by the Company so that it can be used through mobile devices.
- A device refers to mobile phones, smartphones, PDA's, tablets, portable game consoles, and smart TVs that can be used by downloading or installing various content.
- Service refers to the entirety of services provided by the Company which users can access through wired and wireless networks.
- “Points” are a means of payment that the company can pay to users according to their participation in events, and cannot be used immediately like cash when using the service, but can be converted into cash and used like cash starting from a certain amount. (Only applicable to “rankingdak.com” by “Food Tree Co., Ltd.”)
Unless otherwise defined in Section 1 of this Article, the definitions used in these Terms of Service shall be interpreted in accordance with relevant laws and regulations, policies for each service, or if not applicable to any of the aforementioned, in accordance with standard business practices.
Article 3 Validity, Application, and Revision of the Terms of Service
- These Terms of Service shall be valid when posted online on the initial start screen of each Service operated by the Company. In addition, by clicking the “Agree” button before downloading or using applications, online content, and network services provided by the Company, it is deemed that the user agrees to the Terms of Service. The Terms of Service shall go into effect starting from when the user agrees to the Terms of Service, and in the case of a change in the Terms of Service, the revised Terms of Service shall go into effect when the revision is validated.
- Agreement to these terms also implies that you agree to access the Company’s content regularly and check for revisions to the Terms of Service posted by the Company.
- The Company may amend the Terms of Service to the extent that it does not violate relevant laws or acceptable business practices.
- The Company may change the Terms of Service if deemed necessary. When the Terms of Service is revised, the Company shall determine the content and effective date of the changed terms and disclose them 7 days prior to the effective date. However, if the revised Terms of Service includes content that is deemed unfavorable to the user, the details of the revision shall be announced 30 days prior to the effective date by posting them in the Company’s content so that the user can check the changes when they access the content via network services. The revised Terms of Service shall take effect from the date of application or notice.
- The user retains the right to refuse the revised Terms of Service. Users who have objections to the change of these Terms of Service may stop using the service and terminate the contract of use (user withdrawal). If the Company has explicitly notified the user within the specified period that it shall be deemed that they agree to the revised Terms of Service if they do not express their refusal according to the previous paragraph, but the user does not explicitly announce their intention to refuse the revised Terms of Service, it shall be deemed that the user agrees to the revised Terms of Service.
- By default, when a user agrees to the Company’s Terms of Service for the first time, the user can use the content provided by the Company without separate consent thereafter. However, this is not the case for services that require age verification or any content that requires identification and consent procedures as stipulated by relevant laws.
Article 4 Matters not pertaining to the Terms of Service
- Regarding matters not specified in these Terms of Service, the Company reserves the right to apply additional policies and rules in accordance with relevant laws or commercial practices enacted by the governing authorities.
Article 5 Establishment of Contract of Use
- The contract of use is established when the person who wants to become a user (hereinafter referred to as the “applicant”) agrees to the Terms of Service, then applies for membership, and the company approves the application.
- In principle, the company approves the use of the service in response to the application of the applicant for membership. However, the company may not approve the following applications or terminate the contract of use afterwards.
- If there is a case where the applicant for membership lost his/her membership in accordance with these Terms of Service. However, exceptions shall be made when the member has obtained approval from the company to rejoin.
- If the applicant does not use their real name or the name of another person.
- If the applicant provides false information or does not provide the Company the necessary information to process the application.
- Other cases that the Company deems necessary based on its reasonable judgment
- Regarding the approval of applications mentioned in Paragraph 2, the Company may apply differentiated levels of membership to applicants. Differentiated levels of membership may include differences in the accessibility, duration, and the number of times certain services can be used.
- The Company may withhold membership to applicants in the case where there is a lack of equipment to properly provide services, or in the case of technical or commercial issues.
- In principle, if an application for membership is rejected or withheld according to Paragraphs 2 and 4, the Company shall notify the applicant.
- Regarding Paragraphs 1 and 2, the Company may entrust the verification of name and identify through a third-party professional service or institution, before or after the application is approved.
- The establishment of the contract of use shall take effect when the application progresses to a point where the Company specifies where the applicant will be deemed approved for membership.
- The Company may classify members by membership level in accordance with policy, and may differentiate levels of usage by duration of service, number of times services can be used, and available services and menus.
- In accordance with relevant laws, applicants who are under the age of 14 as of the date of application for membership may be restricted from membership.
Article 6 Revision of user information or personal data
- Users must manage their personal information diligently to use this service, and if there is any change in personal information, the changes must be applied to their user information. The user is responsible for any damage caused by delay or omission of the fact that the user's personal information has changed.
- Users can view and modify their personal information at any time through the personal information management screen within the service.
- If the information entered at the time of membership application is changed, the user must notify the company of the change by modifying the member information on the personal information management screen. The company is not responsible for any losses or damages caused by not notifying the company of these changes.
- When modifying member information, the change is applied only to the service you wish to modify, and not to other services. (However, overall member information managed by the Company will be updated to the modified information.)
Article 7 Privacy Policy
- The Company strives to protect the personal information of users in accordance with relevant laws and regulations, and shall handle the minimum amount of personal information to the extent necessary to provide services when collecting personal information.
- The protection and use of personal information is governed by the relevant laws and the Company's Privacy Policy. However, the Privacy Policy shall not apply to any linked sites other than the Company's official site.
- If information is needed for identification, the Company may notify the user of the reason (purpose) and request a copy of the user's ID card or a certificate in lieu of it. The Company cannot use it for any purpose other than the previously notified purpose, and destroy it promptly when the purpose is achieved.
- The company does not provide users' personal information to others without their consent, except in cases where there is a request from the relevant national institutions in accordance with the relevant local laws and regulations.
- The company shall not be held responsible for any information, including the user's account information, exposed due to reasons attributable to the user.
- In accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and its Enforcement Decree, the Company takes necessary measures, such as the destruction of personal information, for users who do not utilize their personal information for a period prescribed through Presidential Decree.
Article 8 Obligations of the Company
- The Company does not engage in acts prohibited by relevant laws and these Terms of Service, and does its best in good faith to guarantee the continuity and stability of services.
- The Company does not neglect its security obligations to protect users' personal information.
- If the opinions or complaints raised by users are objectively recognized as justifiable, the Company shall promptly handle them through appropriate procedures. However, if immediate processing is difficult, the user must be notified of the reason and be given an estimated time for implementation.
Article 9 Obligations of the User
- Users must comply with all matters stipulated in these Terms of Service, other policies set forth by the Company, and notices to the user by the Company. In addition, users must not conduct themselves in any way that interferes with the Company's business or in any way that damages the reputation of the Company.
- Users must comply with all relevant laws regarding minors, such as the Youth Protection Act. If a user violates these laws including the Youth Protection Act, they will be punished to the full extent in accordance with applicable laws.
- Users cannot engage in sales activities using the service without the prior consent of the Company, and the user is responsible for the results of those sales activities. In addition, if a user causes damage to the Company through such business activities, the company may restrict the use of the service and claim compensation for damages through legal procedures against the user.
- Users must not engage in any of the following acts.
- Registration of false information when applying for or changing user membership
- Theft of others’ information
- Altering information posted on the Company
- Transmission or posting of information (computer programs, etc.) other than those specified by the Company
- Infringement of intellectual property rights including copyrights retained by the Company and other third parties
- Acts that damage the reputation of the Company, its affiliates, or other third parties, interfere with business, or cause damage to property
- Disclosing or posting obscene or violent text messages, images, voice messages, and other information that goes against the general public interest and morals on the Company’s services
- Using Company services for profit without the consent of the Company
- Disposal of game items, reservations, etc. acquired through games or purchases by means of transfer, sale, provision of collateral, etc.
- Other illegal or unfair acts
- Users must abide by the relevant laws, the provisions of these Terms of Service, notices for use and service-related notices, notices from the Company, etc., and must not engage in any other acts that interfere with the business of the Company.
- In the event that it adversely affects the provision of the Company's service environment, usage may be restricted in ways not specifically listed in the above items according to each service’s operation policy.
Article 10 Ownership and Copyright
- Copyrights and other intellectual property rights for content created by the Company within Company services are solely owned by the Company.
- The user may not make copies, transmit, publish, distribute, broadcast, or make usage of other methods for profit without the prior consent of the Company or the provider of information obtained by using the service provided by the Company, which has intellectual property rights attributable to the Company or the provider of the information. Users must not use such information for any purpose other than the usage of the services itself, or let a third party use it for the same purposes.
- Users are responsible for communication, images, sounds, and all data and information (hereinafter referred to as 'User Content'), including the text of conversations that are displayed within the service or uploaded or transmitted by users or other users through the service in connection with the service. Users are permitted to use it in the same way and under the same conditions.
- Making use of user content, editing format, or transforming it in other ways (making use of publications, reproduction, performance, transmission, distribution, broadcasting, creation of derivative works, etc. is permissible and is not restricted by time or region)
- Cannot sell, rent, or transfer user content for transactional purposes without the prior consent of the user who created the content.
- The Company shall make use of user content that is not displayed within the service and is not integrated with the service (eg, postings on general bulletin boards, etc.) without the user's explicit consent, and the user may delete their content at any time.
- If the company determines that content within the service posted or registered by the user fall under the prohibited acts stipulated in these Terms of Service, the company may delete, move, or refuse registration without prior notice.
- Users whose legal interests are infringed by information posted on bulletin boards operated by the Company may request the Company to delete the information or publish rebuttals. In this case, the Company will promptly take necessary measures and notify the applicant.
- The aforementioned Paragraph 3 is valid while the Company operates the service and continues to take effect even after the user's termination or withdrawal from the service.
Article 11 Provision of Information and Posting of Advertisements
- The Company may publish advertisements to maintain its services and users agree to the Company posting advertisements that will be shown when using the service.
- The Company shall not be held liable for any loss or damage caused by the user's participation in the communication, or transaction as mentioned in Paragraph 1, in any third-party services advertised on the Company service.
- The Company may request additional information about individual users for the purpose of improving services and introducing services to users, and the user may agree to the request and choose to provide or refuse to give additional information to the Company.
- If the Company provides advertisements mentioned in Paragraph 1 and the information mentioned in Paragraph 3 by using personal information collected from users with the user's prior consent, it may be sent using SMS, smartphone notifications, or via e-mail, and the user may unsubscribe at any time.
Article 12 Provision of Services
- The contract of use for the Company service is deemed to have been established when the user agrees to these Terms of Service or at the time they download the company's content or uses the content through the network. However, for some services, the contract may be established from a separate specified date according to the needs of the Company.
- The Company may provide services to users, and in providing services, it may provide other additional services, including the services stipulated in these Terms of Service.
- The Company may provide some of its services for a fee.
- The Company may differentiate the use by classifying the user's membership level and subdividing the time of use, the number of times of use, and the scope of the service provided.
- In providing services, the Company may require the user to agree to separate Terms of Service for each service in addition to the main Terms of Service. Services that require separate agreements can be used only after the user agrees to the respective Terms of Service, applies for use, and the company approves such contents.
Article 13 Use of Services
- In principle, the company provides its service 24 hours a day, 7 days a week, 365 days a year, unless the Company experiences extraordinary difficulties related to its commercial practices or technology. However, if it is deemed necessary for operation of services, such as regular system inspection, server expansion and replacement, or network instability, the service may be temporarily suspended for a certain period of time, and the Company shall notify as such on the start screen of each service should this be the case.
- Notwithstanding Paragraph 1 of this Article, the Company may temporarily limit or suspend the service without prior notice due to urgent and unavoidable reasons, and in this case, the Company may notify such developments to users afterwards.
- The Company may conduct regular inspections if necessary for the stable provision of services, and the schedule and time of regular inspections are announced on the initial screen of each service or in the notices section of the Company’s content.
- Should the Company determine that it is unable to provide normal services due to circumstances beyond its control, such as war, accidents, natural disasters, or equivalent national emergencies, power outages, service facility failures or usage congestion, maintenance or inspection of facilities by key telecommunications service providers, etc. All or part of the service may be suspended, and in such cases, the reason for suspension and the expected period of the suspension will be notified to users in advance or afterwards through the initial screen of each service or the notices section in the Company’s content.
- The Company provides its service using a dedicated application or network for the device, and users can download and install the application or use the service for free using the network. However, the Company may provide certain services for a fee, in which case the user may purchase the paid service at the price set by the Company and then download and install the dedicated application for the device or use the service using the network. In-app paid content provided by the company for a fee within the service can be used after purchasing the in-app paid content at a price set by the Company while using its services.
- Downloaded and installed application or service used through a network service, are provided according to the characteristics of the device or mobile operator, and in case of device change, number change, or overseas roaming, all or part of the Company’s content may not be accessible. The Company shall not be held liable for any restrictions on services due to the aforementioned reasons.
- The Company may limit the service period time depending on the service or users according to related laws and government policies, etc., and the company is not responsible for all matters related to service use that occur according to these restrictions.
Article 14 Changes and Suspension of Services
- The Company may change the services it provides according to operational or technical needs. The contents of the service to be changed and the date of provision shall be notified to the user in advance on the initial screen of the service. However, if there are unavoidable circumstances, such as fatal bugs, server device defects, and urgent security issues resolution that the company cannot notify in advance, it may be notified later.
- In the event that the Company needs to suspend all services due to changes in the market environment, technical difficulties, decrease in users, other service plans or operational issues, or urgent circumstances, the Company will notify users of such through the initial screen of each service or within the notifications section of the contents of each service, at least 30 days in advance. The Company may then proceed to stop providing services to users as per the notifications posted in the service. After the service is terminated, the user cannot claim compensation for paid flat-rate or fixed-term paid items with no remaining period of use. In the case of a paid items with a warranty period marked ‘permanent’ or a paid item not marked with a warranty period, the period of use of the item shall be deemed to be valid only until when service is suspended as per the notice specifying the end date.
- The Company may restrict or suspend all or part of the service in the following cases.
- Force majeure cases, such as war, accidents, natural disasters, or national emergencies
- In case of disruption to normal service due to power outage, equipment failure, or congestion
- In case of unavoidable circumstances due to construction, such as repair of service facilities
- In case the service cannot be provided due to various internal circumstances of the Company
- The Company shall not be held liable for problems caused by changes to and suspension of its services.
Article 15 Service Use Restrictions
- A user must not engage in any of the following acts, and in the case of such acts, the Company may impose restrictions, including restrictions on the use of the service, and take additional measures such as the deletion of related information (texts, photos, videos, etc.) and other measures.
- Registering false information or deceiving others during the process of various applications, changes, or registrations
- Stealing other people's personal information
- Any act of changing the Company's program, hacking the Company's server, arbitrarily changing part or all of the website or posted information, or using the Company's services in an abnormal way without receiving special permission from the Company
- Registering or distributing computer viruses and infectious data that exploits bugs in the Company’s programs or causes malfunctions in service-related facilities, destruction of information, etc.
- Transmitting, posting, disseminating, or using any data including software viruses and other computer codes, files, and computer programs designed for the purpose of interfering with, or destroying software, hardware, telecommunications equipment
- The act of intentionally interfering with the Company's service operation or transmitting information that may interfere with the stable operation of the service and advertisement information against the recipient's explicit refusal to receive such advertisement
- Acquiring, transferring or selling cyber assets (IDs, characters, items, in-game money, etc.) in inappropriate ways
- Acts that harm the service or intentionally interferes with the service
- Conducting business activities using the service without prior consent of the Company
- Copying information obtained through the service for purposes other than use of services without prior consent of the Company, using it for publication and broadcasting, or providing it to a third party
- Content that infringes on the patents, trademarks, trade secrets, copyrights, and other intellectual property rights of others. Transmitting, posting, or distributing to others by other means;
- Transmitting, posting, or disseminating information, text, figures, audio, or video data containing vulgar or obscene content to others in violation of the Youth Protection Act or relevant laws
- Transmitting, posting, or distributing content that is extremely offensive or personal, which may infringe on the integrity or privacy of others, or disseminating it to others
- Harassing or threatening other users, or continuously causing pain or discomfort to specific users
- Exchanging or posting obscene or vulgar information, posting links to obscene sites, or posting unauthorized advertisements and promotional materials
- Collecting or storing other users' personal information without Company approval
- Posting articles or sending e-mails impersonating an employee or operational staff of the Company, or stealing someone else's name
- Actions that are objectively judged to be related to a crime
- Actions that violate other relevant laws and regulations
- In the event of damage to the Company due to the user actions prohibited in Paragraph 1 of this Article, the user shall be responsible for all damages caused.
Article 16 Termination of Contract and Suspension of Usage
- If the user no longer wants to use the service, they may cancel their membership by withdrawing and terminating the contract at any time. In such cases, membership withdrawal is processed immediately, and when the user withdraws from their membership, all content held by the user is deleted and cannot be recovered.
- If a user commits an act that falls under each of the following subparagraphs or those stipulated in Article 8, or a violation of the operational policy separately set for each service, the contract of use may be terminated or the use of service may be suspended for a fixed period of time.
- Registering false information when applying for membership / service
- Intentionally obstructing the operation of the service
- Stealing another person's ID and password
- When a large amount or high frequency of information is transmitted or advertisements are transmitted for the purpose of interfering with the stable operation of the service
- Distributing computer virus programs that cause damage to the Company and users
- Other matters that violate operational policy
- If the user terminates or suspends the contract of use in accordance with the provisions of the preceding paragraph, the user cannot use the downloaded content, and the previously paid data fees and monthly service fees cannot be refunded.
Article 17 Indemnity
The company shall not be held liable for any damages in relation to the use of the service provided free of charge by the service for any matter that does not fall under the provisions of the privacy policy.
Article 18 Disclaimers
- If the Company cannot provide its services to users due to a natural disaster or force majeure equivalent thereto, the responsibility for the provision of the service shall be exempted.
- The Company shall be exempted from liability for any damage caused by unavoidable reasons such as repair, replacement, regular inspection, and construction of service facilities.
- The Company shall be exempted from liability for obstacles to service use due to reasons attributable to the user. However, this is not the case if there is an unavoidable or justifiable reason on the part of the user.
- The Company shall be exempted from liability in the event of damage caused by the telecommunications operator's cessation of network services or the operator’s failure to provide reliable services that are not attributable to the Company itself.
- The Company is not responsible for any problems arising from the user's device, environment or for any problems caused by the network that is not attributable to the Company.
- The Company is not responsible for the reliability and accuracy of information, data, and facts posted by users in relation to the service.
- The Company shall be exempted from liability for transactions conducted using the Company’s service as a medium between users or between users and third parties.
- The Company is not responsible for the use of services provided free of charge, unless there are special provisions in relevant laws.
- The Company is not responsible for the failure or loss of a user’s expected profit when using the service.
- The Company is not responsible for any damage caused by the user's inaccurate or non-representation of personal information.
- The Company is not responsible for any damages or losses regarding the use of the services provided free of charge to users.
Article 19 Points
- The company can give points according to the user's strength training and walking, participation in events, and purchasing activities.
- When performing strength training (such as squats), 1 point is given per session and rewards are provided up to 50 points per day.
- Through walking, 1 point is given per 100 steps, and rewards are provided up to 50 points per day.
- In principle, the expiration date of points is different for each item after conversion/accumulation, and if it is not used during the expiration period, it will be extinguished sequentially. However, the expiration date of points paid through marketing or other promotions or with prior special agreements (including prior notice) may be set separately.
- Points cannot be refunded in cash, and may be automatically extinguished without notice if the points expire or if the terms of use end.
- The user may not transfer the points to a third party or other ID and may not trade or convert them into cash for a fee.
- The company may restrict the use of the points or withdraw them in a manner determined by the company if the user obtains points by means not approved by the company or uses them for fraudulent purposes or purposes, such as providing false information or violating the terms and conditions.
- When a user leaves, unused points among the converted/accumulated points will be immediately extinguished, and even if they re-join after withdrawal, the extinguished points will not be restored.
- Additional information and policies regarding the use of points are subject to separate notice from the company.
Article 20 Jurisdiction and Governing Laws
- Any disputes that may arise between the Company and the user in relation to the use of the Company’s services shall be amicably resolved by agreement between the two parties.
- In the event that matters not specified within the scope of these Terms of Service are stipulated in relevant laws, resolution of disputes shall follow the relevant regulations set forth by these laws.
- Notwithstanding the efforts aforementioned in the preceding paragraphs of this Article, in the event of litigation related to a dispute between the Company and the user regarding the use of service, the litigation shall be mediated by a competent court within the jurisdiction specified in regulations according to relevant laws.
Notice Date: May 10th, 2024
Effective Date: June 3rd, 2024