Terms of Use

Article 1 (Purpose)

The terms of service, in connection with the use of the LookieTalkie service provided by initialT (hereinafter called “the Company”), aim to stipulate the Company and the member’s rights, obligations, responsibilities and other issues.

Article 2 (Definition)

The terms used in the terms of service are defined as follows.

  1. "Service" refers to the Smartphone walkie-talkie application LookieTalkie PTT service and Unified Communication Solution that a “member” is allowed to use through devices (such as PC, mobile communication, portable device and other wired and wireless gadgets).
  2. "Member" refers to a customer who accesses the Company’s “service,” signs the agreement on service use with the “Company” in accordance with the terms of service and uses the “service” provided by the “Company.”
  3. "Paid service" refers to the service in general that the Company is paid to provide, which includes a LookieTalkie PTT ASP and LookieTalkie and/or services.
  4. "Posting” refers to information in the form of writing, photos and videos, files and links delivered in the form of signs, letters, sound, screen and video that a “member” posts on the “service” while using the “service.”

Article 3 (Announcement of the terms of service and revision)

  1. 1. The Company shall post the terms of service on the introduction page of http://initialt.com (hereinafter called “the website”) so that all members may easily be informed of the terms of service.
  2. The Company is allowed to revise the terms of service, but shall not violate any laws related to the terms of service such as the Regulation of Standardized Contracts Act and the Act on the Promotion of Information and Communications Network Utilization and Information Protection (hereinafter called “Information and Communication Network Law”).
  3. In the event that the Company revises the terms of service, the Company shall announce when the revision takes effect and the reason why the revision has to be introduced, together with the existing terms of service for comparison, in accordance with Paragraph 1, for 14 straight days until the day immediately prior to the first effective date. If the revised terms are found to be disadvantageous to the members, however, the announcement shall be posted for 30 consecutive days until the first effective date. In addition, e-tools such as email, SMS shall be used to notify members of the revision.
  4. If a member does not express opposition to the revision, despite having received the announcement or notification from the Company that any failure to express opposition to the revision from the notification day to the first effective day indicates the member’s consent to the revision, this shall be regarded as indicating the member’s agreement with the revised terms.
  5. If a member refuses to accept the application of the revised terms, the Company shall not apply the revised terms. In such a case, the member will be allowed to cancel the agreement on service use. If any particular situation exists that does not allow the application of the existing terms, the Company shall be allowed to cancel the agreement on service use.

Article 4 (Interpretation of the terms of service)

  1. For paid service and individual service, the Company is allowed to prepare a separate terms of service and policy (hereinafter called “terms of paid service”). If the terms of paid service are inconsistent with the terms of service, the terms of paid service shall take precedence.
  2. For issues and interpretations not stipulated by the terms of service, the terms of paid service and other relevant laws or commercial practices shall serve as the basis.

Article 5 (Establishment of agreement on service use)

  1. The agreement on service use shall be established only after the potential member (hereinafter “applicant”) agrees with the terms of service, asks for membership and obtains approval for the requested membership from the “Company.”
  2. In principle, the Company approves of all applications for service use. In any of the following circumstances, however, the Company may refuse to give approval or may cancel the agreement.
    • ① If the applicant has ever lost membership in accordance with the terms of service (exception : if the applicant gains approval from the Company for renewal of his/her membership)
    • ② If the applicant is found to use another person’s name
    • ③ If the applicant is found to have falsified information, or has failed to provide information that the “Company” asks him or her to submit
    • ④ If a child under 14 has failed to obtain approval of his or her legal proxy (parents)
    • ⑤ If the Company finds it impossible to give approval due to conditions for which the applicant is held responsible, or if the applicant seeks approval despite having violated relevant stipulations
  3. If the application is made according to Paragraph 1, the Company is allowed to ask for confirmation of real name or ID certification through a specialist institution. This depends on the status of the member.
  4. When the Company is lacking service facilities or finds some problem with technology or business, it may suspend the approval of new memberships.
  5. If the Company refuses to give approval or has suspended approvals based on Paragraphs 2 and 4, the Company shall notify the applicant of such fact, in principle.
  6. The Company is allowed to rank members based on the policy by classifying time, frequency and service menu.

Article 6 (Provision of “service”)

  1. The Company provides services, which are described as follows.
    • ① LookieTalkie PTT : Smartphone walkie-talkie application
    • ② LookieTalkie UC : Multimedia-Video Security-UC Solution
    • ③ All of kinds of additional services developed by other companies or provided to members through alliances with other companies
  2. The Company is allowed to categorize the services and separately assign available time by category. In that case, the Company shall announce the specifics of such in advance.
  3. When the Company justifiably cannot afford to provide service due to regular maintenance of computers and other IT facilities, replacement or malfunction, disruption or any other problems, the Company may decide to halt the provision of “service.” In such case, the Company shall notify members in accordance with the procedure stipulated in Article 9 “Notification to Members.” When it is not feasible for the “Company” to give prior notification, however, the Company is allowed to do it after the fact.
  4. The Company may carry out regular inspections if it is deemed necessary for the smooth provision of service. The regular inspection schedule shall be based on the details of the service provision screen.

Article 7 (Change in member information)

  1. Members may read and change their information at any time through “Profile,” with the exception of the device identification number (device ID or IMEI) necessary for service management, ID that are not allowed to be changed.
  2. If there is any change in the information a member provides at the time of membership application, the member shall change the details online or notify the Company of the change by e-mail or by other means.
  3. If a member is disadvantaged due to his or her failure to notify the company of a change in personal information as cited in paragraph 2, the Company shall not be held accountable.

Article 8 (Member’s obligation to take care of ID)

  1. A “member” must responsibly take care of his or her ID, and shall not allow it to be misused by a 3rd party.
  2. If there are concerns that a member’s ID may be used to leak personal information, is inconsistent with social norms or customary practices or may be mistaken for the Company or the Company’s management, the Company is allowed to restrict the use of the ID.
  3. If a member finds that his or her ID has been misused or stolen by a 3rd party, the member shall immediately report the fact to the Company, and then comply with the Company’s related requests.
  4. Company shall not be held responsible for any inconvenience occurring as a result of the member’s neglect to report the ID theft mentioned in paragraph 3 to the Company, or the member’s failure to comply with the Company’s request following the report of ID theft.

Article 9 (Notifications to members)

  1. If the Company needs to give notifications to members, the Company may choose to use e-mail within the range of service unless a stipulation otherwise is found.
  2. For notifications given to all members, the Company is allowed to post the notification on the Company’s website or announcement board within the range of service for more than seven days.

Article 10 (The Company’s obligation)

  1. The Company shall not engage in any activity that is banned by the terms of service and relevant laws, nor shall it violate any general business practices. The Company shall strive to stably provide the service on a steady basis.
  2. The Company shall implement a security system, as well as a privacy (credit information) policy, in order to help members to safely use the service. To this end, the Company shall announce and comply with the privacy policy.
  3. If the Company acknowledges that members’ views or complaints, filed in connection with the service use, are well-grounded, it shall resolve the issue. In such case, the Company shall use the website board or e-mail to inform the members of how the issue was dealt with and the outcome.

Article 11 (Member’s obligations)

  1. Members shall not engage in any of the following activities.
    • ① Registering false information during application or change of membership profile information
    • ② Theft of another person’s information
    • ③ Altering information posted by the Company
    • ④ Collecting another member’s personal information or account information
    • ⑤ Posting advertising information for profit without the prior consent of the Company
    • ⑥ Replicating, dismantling, imitating or disfiguring the service through such processes as reverse engineering, decompiling and disassembling
    • ⑦ Disrupting the Company’s service through the improper use of the service involving an automatic access program, to overload the Company’s server
    • ⑧ Granting the access right to a 3rd party
    • ⑨ Infringing the copyright and intellectual property right of the Company and/or a 3rd party
    • ⑩ Tarnishing the Company and/or a 3rd Party’s reputation, or interrupting the Company’s business activity
    • ⑪ Publicizing or posting irrelevant information such as obscene language or violent messages, video or sound
    • ⑫ Using the service for profit without the consent of the Company
    • ⑬ Other illegal or unjustifiable behavior
  2. Members shall comply with the publicized precautions and notifications in relation to the relevant law, terms of service, guideline and service, and shall not interrupt the Company’s business.

Article 12 (Change in service)

  1. If the Company finds it difficult to smoothly provide the service because of a significant decrease in the number of hits, worsening profitability, a rising demand for a shift to a next-generation service following a technological advance, change in corporate policy or location information business related to the provision of the service, problems with overall and legal conditions of the Company and others, the Company is allowed to change, stop or terminate some or all of the service that has been sustained due to operational and technological needs.
  2. The Company is allowed to change, stop and change some or all of the service that has been provided free of charge when required by policy and operational needs. In such a case, the Company is not required to pay compensation to the members unless stipulated otherwise in the relevant terms
  3. When the Company decides to stop the service or change the content and the manner in which it can be used, the Company shall post the details regarding the content to be changed or intercepted and the reason behind the decision on the Company’s website or through a announcement board within the range of service or other means available for the members for 30 days before the decision is applied. If the Company is not able to give prior notification because of the cessation of service resulting from an uncontrollable situation (such as disk malfunction irrelevant to operator’s intentional error and system failure), however, the Company is allowed to give notification after the fact.

Article 13 (Provision of information and posting of ads)

  1. The Company may provide any information considered necessary for the use of service by means of the announcement board within the range of service and e-mail. Members may decline to receive the information described above at any time, with the exception of information regarding transactions and answers to customer inquiries.
  2. The Company may post ads promoting the service through the LookieTalkie service screen and the website.

Article 14 (Privacy of member’s personal location)

  1. The Company shall strive to protect the privacy of members’ location information in accordance with the relevant laws, including the Information and Communication Network Law.
  2. The Company’s privacy policy and the terms of location-based service encompass the privacy of personal location information and its use.

Article 15 (Details of personal location information service and the charge)

  1. The Company provides the location-based service described below by receiving location information from the location information business.
    • ① The members, while using service, can convey the location information of the personal location information subject (hereinafter called “the subject”) to another member.
  2. Charge : No charge for the use of the above location-based service.

Article 16. (Right of the subject)

  1. The subject is allowed to decline the agreement to some of the range of personal location information collection and the terms of service or some of the purpose for using personal location information, the range of the information beneficiaries and location-based services.
  2. The subject is allowed to revoke all or some of the agreement to the collection, use and provision of personal location information.
  3. The subject is allowed to request the temporary cessation of the collection, use and provision of personal location information at any time. In such case, the Company is not allowed to reject the request, and shall employ technological means to meet the request.
  4. The subject is allowed to view the data described below, or to call on the Company to give notification. Should the subject find that the data has some error, the subject may request correction. In such a case, the Company may not reject the request without justifiable reason.
    • ① Data confirming the collection, use and provision of the subject’s location information
    • ② Details and reason behind the provision of the subject’s personal location information to the 3rd party based on the law regarding the protection and use of location information or other enactments
  5. When customers revoke all or some of the agreement that was signed in accordance with Paragraph 4 of Article 24 on the protection and use of location information, the Company shall immediately dispose of the garnered personal location information and the data confirming the use and provision of location information (When some of the agreement is revoked, only the personal location information and location information asked to be revoked shall be withdrawn). When the information is judged to be of importance according to the Framework Act on National Taxes, the Corporate Tax Act and the Value-Added Tax Act and other relevant laws, the information shall be left intact.
  6. The subject is allowed to demand the rights stipulated in paragraph 1 and 4 by using the Company’s contact point described in the terms of service.

Article 17. (Legal proxy’s right with regard to personal location information service)

  1. If the Company plans to garner, use and provide personal location information from children under 14 in accordance with Article 18, Paragraph 1 and 2 of Article 19 or Article 21 regarding the Act on the Protection, Use, etc. of Location Information, the Company shall obtain approval from the legal proxy.
  2. With respect to the collection, use and provision of personal location information of children under 14, the legal proxy is allowed to exercise the right to consent and to withdraw consent, revoke, suspend, read and call for announcement. In such a case, the legal proxy shall be seen as the “member.”

Article 18 (Use of personal location information for children under 8)

  1. If the person responsible for protecting those who meet any of the conditions described below (hereinafter called “children under 8”) agrees to the collection, use and provision personal location information for the purpose of protecting the life and health of the children under 8, the Company shall regard it as the equivalent of the agreement by the person concerned.
    • ① Children under the age of 8
    • ② Incompetent
    • ③ Person with a mental disability stipulated in Paragraph 2 of Section 2 of Article 2 under the Welfare of Disabled Persons Act who falls under the category of having a severe handicap in accordance with Paragraph 2 of Article 2 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (Limited to those registered as disabled in accordance with Article 29 under the Welfare of Disabled Persons Act.)
  2. The person responsible for protecting children under 8 (hereinafter called “the person responsible”) based on Paragraph 1 must be the actual protector of children under 8 and shall meet the conditions stipulated below.
    • ① Legal proxy of the children under 8
    • ② Person appointed in accordance with Article 3 under the Act on the Guardianship of Minors in Protective Facilities
    • ③ Legal proxy of the incompetent
    • ④ Legal proxy stipulated in Item 3 of Paragraph 1 of the Article, (state or local government-owned) rehabilitation facilities for the disabled stipulated in Item 1 of Paragraph 1 of Article 58 under the Welfare of Disabled Persons Act, (state or local government-owned) rehabilitation center for the disabled stipulated in Item 4 of Article 3 under the Mental Health Act, mental health nursing center stipulated in Item 5 of Article 3 under the Mental Health Act
  3. The person responsible who agrees to collect, use or provide personal location information for the purpose of protecting the life and health of the children under 8 shall attach a document confirming his or her status as the person responsible to the signed agreement that shall be submitted to the Company.
  4. Paragraph 2 of Article 17 is allowed to be applied only when the person responsible agrees in accordance with Paragraph 4 of Article 26 under the Act on Protection & Utilization of Location Information.

Article 19 (Grounds for archiving data regarding the use and provision of location information and the archiving period)

The Company, in accordance with Paragraph 2 of Article 16 under the Act on Promotion & Utilization of Location Information, automatically records the data regarding the collection, use and provision of the subject’s location information in its location information system and archives it for a year after it is recorded to enable it to address any potential customer complaints.

Article 20 (Archiving and utilization periods of personal location information)

IIn the event that the Company has used the customer’s personal location information, the Company shall use and archive the personal location information of the subject as well as a document confirming the use and provision of location information within the range of customer consent for six months to address potential customer complaints in accordance with Paragraph 2 of Article 16 and Article 23 . After that, the Company shall dispose of the information immediately.

Article 21 (Immediate notification when personal location information is provided to a 3rd party)

  1. The Company shall not provide the subject’s personal location information to a 3rd party without the consent of the subject. In the event that the Company decides to provide the personal information location to a 3rd party, the Company shall notify the subject in advance of who the recipient is, when and why the information is being provided, and then gain the approval from the subject.
  2. When the Company provides personal location information to the 3rd party specified by the subject, the Company shall use the communication device through which personal location information is garnered to immediately notify the subject of the identity of the recipient, and when and why the information was provided.
  3. 3. In any of the following situations, the Company shall notify the subject using the communication device or e-mail specified in advance by the subject.
    • ① When the communication device through which personal location information is collected lacks features for text message, sound or video download
    • ② When the subject has made a preliminary request for notification through a communication device or email address other than the communication device through which personal location information is collected

Article 22 (Appointment of the person in charge of managing location information)

  1. The Company shall appoint a capable person to the post of location information management in order to properly manage and protect personal location information and address the subject’s complaints effectively.
  2. The Company shall develop and apply technical and administrative measures to protect personal location information, and shall assign a capable person to the location information management post in order to tackle the subject’s complaints effectively. In terms of specifics, supplementary provisions of the terms of service shall serve as the basis.

Article 23 (Copyright of posted writings)

  1. Members’ postings loaded on the service shall be protected by the Copyright Act. For postings uploaded by the Company, the Company shall hold copyright and intellectual property rights.
  2. Members shall allow the Company to use their postings on the service domestically and abroad for the purposes described below.
    • ① When the Company decides to change postings in size or to a more simplified form to put them to use on the service (including when service is provided after the Company enters the 3rd party’s website or certain areas of the media)
    • When the Company decides to replicate, transmit and display the postings in its other websites. (Members can refuse to agree to the replication, transmission and display of their postings.)
    • When the Company decides to broadcast and air postings in order to promote the Company’s service through media or communicators. In such case, the Company shall not provide postings or member information to media and communicators without “member’s” consent.
  3. If the Company decides to use the postings for commercial purposes (i.e., accepting payment in exchange for providing postings to a 3rd party), the Company shall obtain prior approval from the members by using telephone or email.
  4. If a member uploads a posting to the service, this shall mean that other members are allowed to use the posting on the service or that the Company is allowed to use it as the result of search.
  5. If a member cancels the agreement on the service use or the agreement is canceled under Article 27, the postings that the member posted on the service shall be deleted. Postings uploaded to the public service or available for the use of service by other members may not be deleted. As such, members are recommended to delete these postings before canceling the membership.
  6. The Company, when necessary to promote the service policy or integrate different websites operated by the Company, is allowed to change or relocate the postings and to provide service by sharing websites without altering the details of the postings. When the Company decides to relocate, change or share the postings, prior notice shall be sent.

Article 24 (Management of postings)

  1. When a member’s postings contain material infringing the Information Communication Network Act and the Copyright Law, the party concerned is allowed to request the suspension or deletion of the postings in accordance with the procedure stipulated in the relevant law. The Company, meanwhile, shall take actions in accordance with the relevant law.
  2. Even when the party concerned makes no request based on the previous paragraph, tentative actions shall be taken when any act of rights infringement is found or when corporate policy or relevant law is breached.

Article 25 (Assignment of rights)

  1. The copyright and intellectual property rights to the service shall be held by the Company, except for members’ postings and writings provided in accordance with the partnership contract.
  2. The copyright and intellectual property right to the design of the service provided by the Company, text developed by the Company, script, graphic and transmission feature shared among members, all kinds of trademarks of the service provided by the Company, service marks and logo shall belong to, be used and possessed by the Company based on the laws of the ROK and other countries.
  3. The terms of service do not entitle the members to ownership of the service and copyright of the writings. Thus, the members shall seek approval from the Company for the service use. Members are allowed to use the service only for the purpose of obtaining information or personal purposes.
  4. Members are not allowed to use, replicate and distribute member information gained through the use of service for commercial purposes other than the purposes explicitly stipulated. In addition, members are not allowed to replicate and distribute texts, scripts and graphics using a transmission feature shared among the members.
  5. The Company, in relation to the service, grants members a user account, ID and content based on specified conditions. Members shall not transfer, sell or mortgage these.

Article 26 (Termination and cancellation of the agreement)

  1. Members are allowed to cancel the agreement to the service use at any time through the Customer Center. In such a case, the Company shall immediately comply with the decision in accordance with the relevant law.
  2. When a member cancels the agreement, all of the member’s data shall be deleted, except when the Company must retain member information for a certain period to comply with the relevant law and privacy policy.

Article 27 (Restricted use)

  1. When a member breaches the obligations stipulated in the terms of service or interrupts the operation of the service, the Company is allowed to progressively restrict the member’s service use by imposing a warning, suspension and a permanent suspension order.
  2. If a member is found to commit ID, payment and telephone number theft in violation of the Citizen Registration Act, to provide illegal program and interrupt business operation in breach of the Computer Program Protection Act and the Copyright Act, to perpetrate illegal communication and hacking in infringement of the Information and Communication Network Act, to distribute malicious software and to exceed the given access right, the Company is allowed to impose a permanent suspension order without taking any of the steps described above. Once the permanent suspension order is placed, every benefit that followed the service use will be void. The Company shall not be held responsible for any resulting damages.
  3. If a member does not log on for more than three months in a row, the Company is allowed to restrict the member’s service use to protect member information and promote operational efficiency.
  4. The details and conditions of the restriction shall be based on the Company’s service use restriction policy.
  5. If the Company decides to restrict service use or cancel the agreement, the Company shall notify the member in compliance with Article 9 regarding notifications given to members.
  6. A member may appeal the Company’s decision to restrict service use by following the steps specified by the Company in relation to the restriction of the service use. If the Company acknowledges that the appeal raised is justifiable, the Company shall immediately allow the member to restart the service use.

Article 28 (Restriction of accountability)

  1. If the Company can’t afford to provide service due to natural disaster or other inevitable reasons, the Company shall be exempt from the accountability for the failure to provide the service.
  2. The Company shall not be held accountable for a disruption of service that is due to a member’s mistake.
  3. The Company shall not be held responsible for the reliability and accuracy of information, data and facts posted by members in relation to the service.
  4. The Company shall be exempt from responsibility for transactions that occur among members or between members and a 3rd party.
  5. The Company shall not be held accountable for the use of free-of-charge service unless the relevant law stipulates otherwise.
  6. The Company has no obligation to monitor the details and quality of products promoted by a 3rd party through the screen or linked website on the service, nor shall it be held accountable for them.
  7. The Company, the management and the agencies shall not be held responsible for any loss caused by any of the following conditions.
    • ① Loss caused by falsified or inaccurate member information
    • ② Loss caused by disrupted access to service and service use, whatever the nature and the background is
    • ③ Loss caused by a 3rd party’s illegal access to service or unauthorized use of the server
    • ④ Loss caused by a 3rd party’s move to interrupt or suspend the transmission to and from the server
    • ⑤ Loss caused by any kind of virus, spyware and other malicious software that a 3rd party illegally transmits and distributes using the service
    • ⑥ Loss caused by any error, skip, omission and destruction of transmitted data
    • ⑦ Loss caused any civil and criminal lawsuits related to libel and other illegal acts committed in the course of registering member information and using the service

Article 29 (Service use in overseas countries)

The Company provides the service through servers installed in the Republic of Korea. The Company is not allowed to guarantee service quality or availability for members who want to use the service outside of the ROK. Thus, members who want to use the service outside of the ROK shall determine whether to use the service based on their own discretion and responsibility. In particular, the members shall be aware that they must use the service in compliance with local laws.

Article 30 (The Company’s contact point)

The Company’s corporate title, address, telephone number and other contact points are described as follows.

  1. Corporate title : initialT Co., Ltd.
  2. Address : 137-895, Duksan Bldg 4fl 279 Yangjae-dong Seocho-gu Seoul Korea
  3. Tel : +82-2-541-2003

Article 31(Governing law and jurisdiction)

  1. Any legal dispute between the Company and its members shall be settled based on ROK law.
  2. Any legal dispute between the Company and a member shall be decided by the court with civil jurisdiction.

Appendix

  1. Announcement and effective date are described as follows.
    - Announcement date : Mar 13th 2017
    - Effective date : Mar 20th 2017
  2. Person in charge of location information management
    - Name : Kyoo-dong Lee
    - Position : CEO
    - e-Mail : app.initialt@gmail.com


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