Terms of Service (Eng)

Last updated March 19, 2024
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Chapter 1 General Rules

Article 1 (Purpose)

The purpose of these Terms and Conditions is to stipulate matters related to the terms, conditions, and procedures for using the 'Fort' service provided by Specto Labs Inc..

Article 2 (Definition of Terms)

The terms used in these Terms are defined as follows.
1.
'Fort (hereinafter referred to as 'Service')' is an application operated by the Company to support content sharing and exchange among users.
2.
‘Company’ means Specto Labs Inc..
3.
'App Store' means the digital distribution service operated and developed by Apple (Apple App Store) or Google (Google Play Store) from which the Service is downloaded.
4.
'User' means a person who agrees to these Terms and Conditions and is authorised to use the Services provided by the Company.
5.
'Country' means the Republic of Korea.
6.
'Free Trial' means a limited period of time during which you can use the benefits of the Subscription for free before actual payment is made for the purchase of the Subscription.
7.
'Apple' refers to Apple Inc.
8.
'In-App Purchase' means the purchase of a product, item, service or subscription through the Services in accordance with these Terms and/or the App Store's own terms and conditions.
9.
'Subscription' means a service or access to a service offered by the Company to Members on a subscription basis.
10.
'Subscriber' means only those Users who purchase a Subscription and use the Service for a fee.
11.
'Withdrawal' means an expression of intent by a user to terminate the service use contract.

Article 3 (Disclosure and Effectiveness of Terms and Changes)

1.
The Company shall disclose these Terms on the initialization screen of the Service.
2.
These Terms shall take effect upon the User's use of the Service, and if the User does not agree to these Terms, the User may withdraw from the Service Use Agreement.
3.
The Company may change these Terms to the extent that they do not violate applicable laws and regulations.
4.
The changed Terms shall be effective from the date of application, specifying the date of application, changes, and reasons for the change, and shall be notified on the Service from 7 days prior to the date of application to the day before the date of application.
5.
Users have the right to disagree with the changed Terms, and if they do not agree with the changed Terms, they may stop using the Service and withdraw from the Service.
6.
If the User does not expressly express his/her refusal or continues to use the Service after the effective date of the changed Terms of Service, he/she shall be deemed to have agreed to the changed Terms of Serivce, even though the Company has clearly notified the User that he/she shall be deemed to have agreed to the changed Terms of Serivce.

Chapter 2 Agreement

Article 4 (Establishment of Use Contract)

The contract of use of the Service is established when the person who intends to use the Service agrees to these Terms and Conditions and uses the Service.

Article 5 (Service Subscription and Account)

1.
Users can subscribe to the Service through the method provided by the Company, and the Company provides an account with a unique ID to users who subscribe to the Service.
2.
The Company performs user management tasks such as verifying the identity of the user through the account and authentication information.
3.
Users must be at least 17 years of age. Users under the age of 17 shall not use the Service, regardless of whether they are registered or not. In addition, users under the age of 18 may use the Service only with the approval of their guardian, regardless of whether they are registered or not.
4.
The user shall diligently manage the account containing his/her ID, password, payment method information, etc. The user shall be responsible for any damages caused by negligently managing his/her account or allowing a third party to use it.

Article 6 (Termination of Contract)

1.
If the user does not want to use the service, the user may terminate the use contract at any time by withdrawing from the membership, and after the withdrawal application, the withdrawn account cannot be restored.
2.
The user's account withdrawal and personal information deletion will be completed immediately after the application for withdrawal.
3.
The user can rejoin the service after the account withdrawal is completed.

Chapter 3 Obligations

Article 7 (User's Obligations)

1.
You shall not use the Service for any purpose other than its intended use or engage in any act that violates the policies set forth by the Company, including the following items.
a.
stealing information belonging to someone other than yourself or impersonating a company administrator
b.
deceive others or interfere with the operation of the Service by stating false facts while using the Service
c.
transferring an account provided by the Company to another person
d.
reproducing, distributing and commercially using information obtained by using the Company's services without the prior consent of the Company
e.
transmitting or posting content that contains fraudulent, obscene, meandering, or hateful words, images, or sounds
f.
acts that interfere with the normal use of the Service by users, such as defamation of others, cyber bullying, or violent behaviour
g.
Infringing on intellectual property rights including copyright, portrait rights, and other rights of the Company and third parties
h.
collecting, storing, disseminating, or posting other people's personal information without their consent
i.
manipulate data in an unusual manner to interfere with the operation of the Company's services
j.
transmit, post, disseminate or use materials that contain software viruses or any other computer code, files or programs designed to interrupt or destroy the normal operation of computer software, hardware or telecommunications equipment
k.
altering the Service through server hacking, data leakage, bugs, etc. or using the Service in a manner not prescribed by the Company
l.
violate any applicable laws, terms of service, operating policies, or notices
m.
other acts that violate public order and morals or act in an illegal or unfair manner
2.
If a user finds an act that violates the operating policy set forth in Paragraph 1, the user may submit a report through 'Support requests', 'Reporting', etc.
3.
The Company may restrict the use of the Service for a period of time without prior notice if the User violates the operating policy set forth in Paragraph 1 and causes interference with the Company's services.
4.
The Company shall not compensate the User for any damages suffered by the User if the restriction of the User's use is justified.

Article 8 (Obligations of the Company)

1.
The Company shall comply with relevant laws and regulations, and shall perform the exercise of rights and fulfilment of obligations set forth in these Terms in good faith.
2.
The Company shall do its best to provide continuous and stable services.
3.
The Company shall do its best to ensure that users can use the Service conveniently.
4.
The Company shall endeavour to promptly handle opinions or complaints raised by users within a reasonable period of time if they are objectively recognized as justified.

Article 9 (Protection and Management of Personal Information)

1.
When the User provides information to the Company in accordance with these Terms, the User shall provide truthful information, and the User shall not be protected against any disadvantages caused by the provision of false information.
2.
The Company shall endeavour to protect the User's personal information in accordance with the relevant laws and regulations.
3.
The protection and use of user's personal information shall be in accordance with the relevant laws and regulations and the privacy policy separately notified by the Company.

Chapter 4 Provision and Use of Services

Article 10 (Service Provision Time, Suspension, and Change)

1.
The Company provides the Service 24 hours a day, 7 days a week, 365 days a year, unless there are special business or technical obstacles.
2.
The Company may suspend the Service for a certain period of time if necessary for the operation of the Service, such as regular maintenance of the system, and in such case, the Company shall notify the contents and time within the Service. However, if there is an unavoidable reason that the Company cannot notify in advance, the Company may notify afterwards.
3.
The Company may modify, add, abolish, or otherwise change all or part of the Services provided if necessary for service operation or technology, such as new services, various bug patches, etc. The contents and date of the service to be changed shall be notified in the service and shall replace the notice to the user.
4.
If it is necessary to discontinue all of the Services due to the planning or operation of the Services or due to an urgent situation of the Company, the Company may discontinue the provision of the Services by notifying the User within the Services. However, the Service may be discontinued without notice if it is due to reasons beyond the Company's control.

Article 11 (Attribution of Copyrights, etc.)

1.
The copyright of the content posted by the user within the service belongs to the user himself/herself.
2.
It is prohibited to infringe on the copyrights and other rights of other users or third parties when using the Service. The user is responsible for all disputes arising from copyright during the use of the service, and if a legal issue is filed against the company by a third party in this regard, the user shall indemnify the company and compensate for all damages caused by it.
3.
the company may use the content posted by the user for the purpose of promoting the service at home and abroad, and the scope of use includes reproduction, modification, display, transmission, distribution, publication, and creation of secondary works and editorial works of the content posted by the user in the service.
4.
If the Company uses the contents posted by the User in a commercial manner or in a manner not specified in Paragraph 3, the Company shall obtain the User's consent by e-mail or other means and may compensate the User separately.
5.
This Article shall be valid while the Company operates the Service and shall continue to apply even after the User withdraws from the Service.

Article 12 (Feedback)

1.
feedback, suggestions, ideas, and other information provided by the User to the Company or the Service via email or other forms (hereinafter referred to as "Feedback") shall not constitute confidential material and shall be deemed to be the sole property of the Company.
2.
the Company may use and distribute such Feedback for any purpose, commercial or otherwise, without restriction and without providing any notice or compensation to the user providing the Feedback, and the user providing the Feedback shall have no rights, including copyright and moral rights, therein.

Chapter 5 Subscription

Article 13 (Subscription Period and Billing)

1.
You may use the Service or any part of the Service only by paid subscription after the expiration of the free trial period provided by the Service.
2.
the purchase of the Subscription is made through in-app purchases, and the Subscriber acknowledges and agrees that all billing and transaction processes are handled by the App Store and governed by the App Store's own terms and conditions.
3.
You will be billed for the Subscription in advance on a recurring and periodic basis based on the Subscription Period you select when purchasing the Subscription. Subscription periods can be selected on a daily, weekly, monthly, quarterly or annual basis.
4.
at the end of each period, your subscription will automatically renew on the exact same terms unless cancelled by you or cancelled by us.

Article 14 (Subscription Cancellation and Refunds)

1.
The Subscriber may cancel the renewal of the Subscription at any time through the Service account settings page or the App Store.
2.
Subscribers will not be entitled to a refund for any fees already paid during the current Subscription Period, and will have access to the Service until the end of the current Subscription Period.
3.
Subscriptions are made through in-app purchases and are therefore subject to the app store's refund policy. Subscribers who wish to request a refund should contact the app store directly.

Article 15 (Fee Changes)

1.
The Company may, in its sole discretion, modify the Subscription Fees at any time. Any changes to the Subscription Fee will take effect at the end of the then-current Subscription Term.
2.
the Company will provide Subscriber with reasonable advance notice of any change in the Subscription Fee to give Subscriber an opportunity to terminate the Subscription before such change becomes effective.
3.
your continued use of the Service without cancelling your subscription renewal after a change in the Subscription Fee becomes effective constitutes your agreement to pay the changed Subscription Fee.
4.
Subscription fees may vary by country. Payment will be made at the rate for the country where the Subscriber's App Store account is located.

Article 16 (Free Trial)

1.
The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time.
2.
The Company may, at its sole discretion, offer a benefit that extends the free trial period.
3.
The company reserves the right to change the terms and conditions of the free trial offer or cancel such free trial offer at any time without notice.

Chapter 5 Others

Article 17 (Compensation for Damages)

If the User causes damage to the Company or a third party by violating the matters set forth in these Terms, the User shall compensate the Company or a third party for the damage.

Article 18 (Limitation of Liability)

1.
The Company shall be exempted from liability for damages caused to the User due to the failure to use the Service or the change or suspension of the Service, unless the cause of the failure to use the Service or the change or suspension of the Service is due to the intentional or gross negligence of the Company.
2.
The Company shall not be liable for any loss or failure to obtain the benefits expected by the User from using the Service.
3.
The Company shall be exempted from liability for any disadvantages and loss of information caused by users changing their personal information (including accounts).
4.
The Company is not obliged to intervene in disputes arising from the Service between users or between users and third parties, and is not responsible for compensating for any damages caused by such disputes.
5.
You may be exposed to fraudulent, obscene, abusive, or hateful content by other users in the course of using the Service, which is not the opinion of the Company. The Company does not support or endorse any content posted by users.

Article 19 (Rules other than Terms and Conditions)

1.
Matters not specified in these Terms and the interpretation of these Terms shall be governed by the relevant laws and regulations, including the Electronic Commerce Act, the Terms and Conditions Regulation Act, the Information and Communications Act, and the Content Industry Promotion Act.
2.
The Company may have individual terms and conditions such as operating policy and privacy policy in addition to these Terms.

Article 20 (Jurisdiction and Governing Law)

1.
These Terms shall be governed and interpreted in accordance with the laws of the Republic of Korea.
2.
The laws of the Republic of Korea shall apply to any lawsuit filed between the Company and the User.
3.
For disputes between the Company and the User in connection with the use of the Service, the court having jurisdiction over the place of domicile under the Civil Procedure Act shall be the agreed jurisdiction.
4.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
5.
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
6.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Article 21 (Translation Interpretation)

These Terms of Service may have been translated when provided to you by our Service. You agree that the original Korean text shall prevail in the event of any dispute.
These Terms shall take effect from March 20, 2024.