Terms of Use

Article 1. Purpose

The purpose of the Terms and Conditions is to stipulate the rights and obligations and other necessary matters between the "Company" and the "Member" in connection with the use of the OFFLIGHT service (hereinafter referred to as the "Service") provided by Offlight (hereinafter referred to as the "Company").

‍

Article 2. Definitions

1. The definitions of the terms used in this Agreement are as follows.

1-1. "Service" refers to the Web, PC Client, and Mobile App services provided by the Company to the Member through https://offlight.work/

2-2. "Member" means a person who accesses the "Service" and concludes a use contract with the "Company" in accordance with these Terms and Conditions and uses the "Service" provided by the "Company".

‍

2. Terms used in this Agreement that are not defined in this Article shall be defined in the "Service" guide, operation policy, and related laws and regulations or related cases.

‍

Article 3. Posting and Revision of Terms

1. The contents of this Agreement shall be posted on the Terms of Use of https://offlight.work/ or otherwise notified to the "Member".
2. The "Company" may amend these Terms and Conditions to the extent that they do not violate the laws of the Republic of Korea.
3. If the "Company" revises the Terms and Conditions, it shall specify the date of application and the reason for the revision and notify the current Terms and Conditions together with the Terms of Use of https://offlight.work/ at least 7 days before the date of application. However, if the Company makes changes that are disadvantageous or significant to the "Member", it shall be notified at least 30 days in advance, and the existing "Member" shall be notified separately through electronic means such as sending e-mail.
4. If the "Company" announces or notifies the changed terms and conditions pursuant to the preceding paragraph, stating that the "Member" shall be deemed to have agreed to the change of terms and conditions if the "Member" does not indicate his/her refusal before the effective date of the change of terms and conditions, but the "Member" does not expressly indicate his/her refusal to the change of terms and conditions by the effective date of the changed terms and conditions, the "Member" shall be deemed to have agreed to the changed terms and conditions. If the "Member" does not agree to the changed terms, the "Member" or the "Company" may terminate the use agreement.
5. Acceptance of these Terms means that the Member agrees to visit the Service regularly to check for changes to the Terms. The Company shall not be liable for any damage to the Member caused by not knowing the information about the changed Terms.

‍

Article 4. Non-Terms and Conditions

1. The "Company" may establish separate terms and conditions and policies (hereinafter referred to as "individual terms and conditions, etc.") in a separate contract with the customer, and in the event of a conflict with these Terms, the individual terms and conditions shall take precedence.
2. Matters not specified in these Terms and Conditions shall be governed by the provisions of the Individual Terms and Conditions and related laws, including the Telecommunications Basic Act, the Telecommunications Business Act, the Act on Monopoly Regulation and Fair Trade, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Act on Consumer Protection in Electronic Commerce, etc.
3. The contents notified by the "Company" through the notice board on the homepage, etc. in connection with this agreement due to changes in the "Company's" policy, enactment/revision of laws and regulations, or notices or guidelines from public institutions shall also constitute part of the use agreement.

‍

Article 5. Application and Method of Use

1. The "Service" use contract is concluded when the person who wants to become a "Member" applies for the use of the "Service" according to the application method provided by the "Company" and the "Company" approves such application.
2. A person who intends to become a "Member" shall provide all information (e-mail address, etc.) required by the "Company" when applying for use.
3. The "Company" may require a person who wishes to become a "Member" to undergo an authentication procedure to verify his/her identity. In this case, the person who wants to become a "Member" shall complete the procedure by performing the corresponding authentication.

‍

Article 6. Acceptance and Limitation of Application for Use

1. The "Company" may refuse to accept an application for use that falls under any of the following subparagraphs, or may cancel the use contract afterwards.

1-1) If the application is made using the name of another person without the consent of another person

1-2) In case of false information

1-3) If there is a possibility of harming laws, public order and morals

1-4) intends to use the "Service" for fraudulent purposes

1-5) If you intend to use the "Service" for the purpose of pursuing profit without the prior consent of the "Company"

1-6) If it is difficult to approve due to other reasons attributable to the applicant.

‍

2. The "Company" may withhold approval of the application for use if it falls under any of the following items.

2-1) In the event of a failure of the facility due to a natural disaster

2-2) If it is determined that it is difficult for the Company to maintain the quality of the entire "Service" by providing the "Service".

2-3) in the event that the facilities to provide the "Service" are not available or it is difficult to provide the "Service" due to technical difficulties.

2-4) If there is a risk of harm to the Company's operation or business, or if there is a risk of harm.

2-5) If it is difficult to approve the use due to other circumstances of the "Company"

‍

3. If the "Company" does not approve or reserves approval of the application for use, the "Company" shall, in principle, notify the applicant.

‍

Article 7. Provision and Change of Information

1. The "Member" shall provide true and legal information when required to provide information to the "Company" under these Terms and Conditions, and shall not be protected against any disadvantages caused by the provision of false or illegal information.
2. The "Member" may view and modify his/her personal information at any time through the personal information management screen. However, the ID required for the management of the "Service" cannot be modified.
3. The "Member" shall immediately modify the information provided at the time of application for use online or notify the change in a separate form and method prescribed by the "Company".
4. The "Company" shall not be liable for any disadvantages caused by the "Member" not properly modifying the changes in the information.

‍

Article 8. Protection and Management of Personal Information

1. The "Company" shall endeavor to protect the personal information of the "Member" including ID and password in accordance with the relevant laws and regulations. The protection and use of "Member's" personal information shall be governed by the relevant laws and regulations and the privacy policy separately notified by the "Company".
2. The Company's privacy policy does not apply to services provided by third parties that are simply linked other than the Service.
3. The Company shall not be liable for any information, including the Member's ID and password, exposed due to reasons attributable to the Member.
4. The Company may collect certain behavioral data during member's use of the service to improve service and optimize user experience. This data pertains to the frequency and patterns of specific actions and does not include any specific content that member input.

‍

Article 9. Provision and Suspension of Services

1. The "Company" shall provide the "Service" to the "Member" from the time of acceptance of the "Member's" application for use. However, in the case of some "Services", "Services" may be provided from a specified time.
2. The "Company" may differentiate the use of the "Service" by classifying the "Member" according to the "Company" policy and subdividing the use time, service menu, and uptime.
3. The "Service" may not be provided in any of the following cases, and the "Company" is not obligated to provide the "Service".
4. If the Service cannot be provided due to reasons such as system improvement for service improvement, expansion, maintenance, inspection of facilities, and management and operation of facilities.
5. when it is necessary to respond to unexpected service instability due to external factors other than OFFLIGHT's circumstances, such as electronic infringement or communication accidents caused by illegal infringement from outside such as hacking, etc.
6. when it is impossible to provide normal services due to natural disasters, power outages, failure of service facilities, etc.
7. If there are other reasons falling under each of the above.
8. In the case of Paragraph 3.1, the "Company" shall notify the "Member" in advance in the manner prescribed in Article 16. However, if there are unavoidable circumstances that cannot be notified in advance, such as hacking or accidents without the intention or negligence of the "Company", including Paragraphs 3.2 and 3.3, the customer shall be notified of the fact through email and customer support center announcements immediately after the service is interrupted. (However, if it is impossible to notify during troubleshooting, it shall be notified immediately after service recovery is completed.)

‍

Article 10. Changes and Modifications to the Service

1. The "Company" may change all or part of the contents of the "Service" according to operational, management, and technical needs, and if there is a change in the contents, usage method, etc. of the "Service," the reason for the change, the change, and the date of provision shall be notified.
2. The "Company" shall not be liable for any damages incurred by the "Member" due to the change, modification or termination of the "Service" unless otherwise specified in this Agreement and related laws and regulations.

‍

Article 11. Provision of Information, Placement of Advertisements

1. The "Company" may provide the "Member" with information such as transaction-related information, replies to inquiries, etc. that the "Member" deems necessary during the use of the "Service" by means of announcements, e-mail, SMS, etc. However, the "Member" may refuse to receive such information at any time through e-mail, etc.
2. The "Company" may provide advertisements to "Members" through legal procedures in accordance with relevant laws and regulations.

‍

Article 12. Obligations of the Company

1. The "Company" shall not engage in any act prohibited by relevant laws and these Terms and Conditions or contrary to public order and morals, and shall do its best to provide the "Service" continuously and stably.
2. The "Company" shall have a security system to protect personal information so that "Members" can use the "Service" safely, and shall disclose and comply with the privacy policy.
3. The "Company" shall handle opinions or complaints raised by "Members" regarding the use of the "Service" if it recognizes that they are justified. For opinions or complaints raised by the "Member", the "Company" shall deliver the process and results to the "Member" through the "Service" or by e-mail.
4. The "Company" shall comply with laws and regulations related to the operation and maintenance of the Service, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Communications Secrets Protection Act, and the Telecommunications Business Act.

‍

Article 13. Obligations of Members

1. The "Member" has a duty of care not to engage in the following acts.

1-1) provide false information when applying or changing their account

1-2) stealing information of others

1-3) impersonating an employee, operator, or other related person of the Company

1-4) altering information posted by the "Company"

1-5) transmitting or posting information (computer programs, etc.) prohibited by the "Company"

1-6) creating, distributing, using, or advertising computer programs or devices or devices not provided or approved by the "Company"

1-7) infringement of intellectual property rights such as copyrights of the Company and other third parties

1-8) damage the reputation or interfere with the business of the Company and other third parties

1-9) transmitting or mediating a large amount of information transmission and advertising information that may interfere with the stable operation of the "Service"

1-10) disseminating computer virus programs that may cause malfunctions of computers and information devices

1-11) arbitrary deletion, slander, or other interference with banner advertisements provided by the "Company"

1-12) disclosing or posting obscene or violent words or texts, images, sounds, or other information contrary to public order and morals

1-13) use the "Service" for the purpose of profit, sales, advertising, political activities, etc. without the consent of the "Company"

1-14) Acts prohibited by other related laws or not permitted by good customs or other social conventions

2. The "Member" shall be obligated to comply with the relevant laws and regulations, the provisions of this Agreement, the user guide, the precautions notified on the "Service", and the matters notified by the "Company" when using the "Service" provided by the "Company".
3. The "Member" shall provide a contactable e-mail address at the time of registration so that the "Company" can notify the "Member" of necessary matters related to the use of the "Service", and if the "Member's" information changes, the "Member" shall immediately notify the "Company", and the "Company" shall not be liable for any disadvantages arising from the "Member's" failure to notify the Company of the change.
4. The "Member" shall check all policies and regulations from time to time, including the matters stipulated in this Agreement, the initial screen of the "Service" or notices, and individual terms and conditions set by the "Company".

‍

Article 14. Duties and Responsibilities for Member's ID and Password Management

1. The "Member" shall thoroughly manage his/her ID and password so that it is not exposed or used by a third party.
2. The "Member" shall be responsible for any damage to the use of the "Service" caused by the "Member" violating the obligations of the preceding paragraph or any consequences caused by unauthorized use by a third party, and the "Company" shall not be liable for such damage.
3. The "Company" may restrict the use of the "Member's" ID if there is a possibility of personal information leakage due to the "Member's" ID, or if there is a possibility of being misidentified as the "Company" and the operator of the "Company", or if it is against anti-social or public morals.
4. If the "Member" recognizes that his/her ID and password have been stolen or used by a third party, he/she shall immediately notify the "Company" and follow the instructions of the "Company".
5. In the case of the preceding paragraph, the "Company" shall not be liable for any disadvantages caused by the "Member" not notifying the "Company" of the fact or failing to follow the instructions of the "Company" even if the "Member" has notified the "Company".

‍

Article 15. Notification to Members

1. If the "Company" gives notice to the "Member", it may do so at the e-mail address specified by the "Member" unless otherwise provided in these Terms and Conditions.
2. If the "Company" needs to notify all "Members", it may replace the notice in the preceding paragraph by posting it on https://offlight.work/ and the Service.

‍

Article 16. Consignment of Personal Information

1. In principle, the "Company" shall perform tasks such as handling and management of collected personal information by itself, but if necessary, it may entrust some or all of the tasks to a third party selected by the "Company". "The Company's privacy policy shall apply to the consignment of personal information of "Members".
2. The "Company" may use the information stored when providing the "Service" (including advertising ID, app list, etc. as non-personal information) for marketing purposes other than providing the Service if the "Member" agrees.

‍

Article 17. Prohibition of Transfer

1. The "Member" may not transfer, give, pledge, or otherwise dispose of the right to use the "Service" or other status under the use contract to another person.

‍

Article 18. Termination of Membership

1. "Member" may apply for termination of the use contract at any time through the "Service" or customer center.
2. If the "Member" terminates the use contract in accordance with the preceding paragraph, all resources provided to the "Member" will be withdrawn, and all data such as the "Member's" posts, information and materials stored on the "Service" will be deleted, except for the case where the "Company" retains the "Member's" information in accordance with the relevant laws and privacy policy.

‍

Article 19. Restriction and Termination of Use by the Company

1. The "Company" may restrict the use of all or part of the "Service" or terminate the contract if the "Member" falls under any of the following items when using the "Service".

1-1) in case of violation of the "Member's" obligations stipulated in Article 13 of these Terms and Conditions

1-2) interfering with the normal operation of the "Company"

1-3) in case of violation of relevant laws, such as identity theft and payment theft, provision and operation of illegal programs in violation of copyright law, illegal communication and hacking in violation of the Act on Promotion of Information and Communication Network Utilization and Information Protection, distribution of malicious programs, excessive access rights, etc.

1-4) In other cases where restrictions on use are necessary for reasons falling under each of the above.

‍

2. The "Company" shall take necessary measures, such as destroying personal information, to protect the personal information of "Members" who have not used the "Service" for one year in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Enforcement Decree of the same Act. In addition, the "Company" may take necessary measures such as temporary measures, restrictions on use, and deletion of account information if there is an objective concern that the account information may be stolen in order to protect the "Member's" information and operate efficiently. If the "Company" restricts the "Member's" use of the "Service" or terminates the use contract in accordance with these Terms and Conditions, the "Member" shall not claim damages from the "Company".
3. If the "Company" takes action to restrict the use or terminate the contract with the "Member" in accordance with this Article, the "Company" may recover the system assigned to the "Member" (including deletion of posts, information and materials). The retrieval of the system shall take place without any notice from the time of the restriction of use or termination of the contract, and the Member shall not be entitled to claim compensation from the Company for any losses incurred by the Member, including the deletion of materials. The "Member" shall be notified of the restriction of use or termination of the contract and shall take direct preliminary measures (such as backup of the data) before the system is recovered to prepare for the loss caused by this.

‍

Article 20. Company's Procedure for Restriction of Use and Termination

1. If the "Company" intends to restrict the use or terminate the contract in accordance with Article 19, the "Company" shall notify the "Member" in advance of the reason, the date of restriction or termination, etc. by e-mail or similar method. However, if there are unavoidable circumstances that cannot be notified in advance, it may be notified afterward.
2. The "Company" may set a certain period of time before restricting the use of the "Service" and require improvement, and if it is not improved within the period, the use of the "Service" may be restricted without prior notice.
3. If the "Company" determines that the "Member's" use of the "Service" has been improved after the restriction on the use of the "Member" pursuant to Paragraph 1, the "Company" shall cancel the restriction without delay.
4. If the reason does not improve after the restriction of the use of the "Member" pursuant to Paragraph 1, the "Company" may terminate the "Service" use contract after prior notice to the "Member" by e-mail.

‍

Article 21. Appeal Procedure for Restrictions on Use

1. If the "Member" wishes to object to the "Company's" use restrictions, he/she shall submit an objection form stating the reasons for objecting to the "Company's" use restrictions to the "Company" in writing, by e-mail or equivalent method.
2. Upon receipt of the objection form in Paragraph 1, the "Company" shall respond to the reason for the "Member's" objection in writing, e-mail, or equivalent method within a reasonable period of time. However, if the "Company" takes a long time to process, the reason and processing schedule shall be announced or notified on the "Service".

‍

Article 22. Cancellation and Refund of Service Use

1. Cancellation Policy
   • A "Member" may cancel their use of the service at any time. However, the cancellation will take effect starting from the next billing cycle or the next contract renewal date, depending on the subscription plan.
   • If a "Member" uses the service on a paid plan, the "Company" will not refund any payments already made, regardless of the cancellation date.
2. Obligations Prior to Cancellation
   • The "Member" remains obligated to pay for all services rendered up to the effective date of cancellation. Any pending payments for the current billing cycle must be completed.
3. Plan Changes or Adjustments
   • Whether a plan can be downgraded, upgraded, or adjusted within the contract period will be determined by the terms outlined in a separate Subscriber Agreement or other subscription-specific agreements concluded between the "Company" and the "Member."
4. Refund Policy
   • Refunds are not provided for any unused time, pre-payments, or any other portion of the subscription.
   • SUBJECT TO THE FOREGOING SENTENCE, YOU ACKNOWLEDGE AND AGREE THAT, IN THE EVENT THAT:
     (i) OFFLIGHT SUSPENDS OR TERMINATES YOUR SUBSCRIPTION, YOUR USER ACCOUNT, OR THESE TERMS, OR
     (ii) YOU CANCEL YOUR SUBSCRIPTION,
     YOU WILL RECEIVE NO REFUND FOR SUCH SUSPENSION, TERMINATION, OR CANCELLATION, NOR FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION, ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR SUBSCRIPTION, ANY LICENSE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT, OR ANYTHING ELSE.
   • However, refunds may be issued in cases where consumer protection laws in the "Member’s" jurisdiction (e.g., EU Consumer Rights Directive, UK Consumer Contracts Regulations, etc.) provide additional rights.
5. Compliance with Consumer Protection Laws
   • The rights granted to consumers under applicable local consumer protection laws shall supersede this policy if they provide more favorable terms to the "Member."

Article 23. Service Operation Management and Maintenance Levels

1. The Company may suspend the provision of the Service in the event of any of the following items, and shall resume the provision of the Service without delay if the reason is resolved.
2. The uptime of the Service shall be in accordance with the provisions of each plan and detailed contract, and the following items shall be excluded from the calculation of downtime.

2-1) If the service cannot be provided unavoidably for reasons such as system improvement for service improvement, expansion, maintenance, inspection of facilities, and management and operation of facilities.

2-2) When necessary to respond to unexpected service instability due to external factors other than OFFLIGHT's circumstances, such as electronic infringement or communication accidents caused by illegal infringement from outside such as hacking, etc.

2-3) when it is impossible to provide normal services due to natural disasters, power outages, failure of service facilities, etc.

2-4) in the event of a failure of the Customer's or a third party's equipment, software, application or operating system installed and used by the Customer on the OFFLIGHT Service.

2-5) If a failure occurs due to the customer's unauthorized actions or failure to take action (non-installation of required programs, arbitrary deletion, etc.)

2-6) a failure occurs while using a service for which the customer is in arrears or a beta test, test use, trial, etc.

2-7) failure to follow OFFLIGHT's recommendations or usage policies, terms of use, or instructions.

2-8) if compensation has already been provided for other reasons (duplicate compensation for the same failure will not be provided).

‍

3. In the Republic of Korea, the Company is an additional telecommunications service provider under the Telecommunications Business Act, and therefore, in the case of domestic customers, if a failure occurs for more than 4 consecutive hours, regardless of the applicability of paragraph 2 of this Article, the Company will provide a credit for the amount of time that the failure occurs, converted into hours of the monthly supply price. However, no duplicate payment shall be made for the same failure.

‍

Article 24. Compensation for Damages

1. In relation to the "Service" provided by the "Company", the "Company" shall not be liable for any damage to the "Member" that may occur due to the "Service" and its use, except in cases where the cause is attributable to the "Company".
2. If the "Member" causes damage to the business activities of the "Company" due to the violation of the provisions of these Terms and Conditions, the "Member" shall be liable to compensate the "Company" for the damage.
3. If the "Company" receives various appeals including claims for damages or lawsuits from third parties other than the "Member" due to the "Member" committing illegal acts or violating the provisions of these Terms and Conditions while using the "Service", the "Member" shall indemnify the "Company" at his/her own risk and expense, and if the "Company" is not indemnified, the "Member" shall compensate the "Company" for the damages caused by the "Member".

‍

Article 25. Indemnification of the Company

1. The "Company" shall not compensate the "Member" for damages caused by any of the following reasons.

1-1) If the "Service" fails due to a defect in the terminal device purchased by the "Member" directly.

1-2) force majeure due to factors beyond reasonable control (natural disasters, national emergencies including war, civil unrest, riots, etc.

1-3) in the event that the Service cannot be provided due to force majeure, such as a failure of the cloud provider, a major technical defect that cannot be resolved at all with the current level of technology, etc. and is necessary to deal with the instability.

1-4) caused by the intention or negligence of the "Member"

1-5) when there are unavoidable reasons due to the nature of telecommunication services

1-6) interruption of the "Service" to prevent the spread of an incident in the "Member's" information system

1-7) if the failure of the "Service" is caused by the service provided by other operators

1-8) If the "Service" inspection is inevitable and announced in advance, and there is no intentional or gross negligence of the "Company"

1-9) When the "Service" is suspended due to regular maintenance announced in advance on the homepage

1-10) If the "Service" fails or the "Member's" information or data is damaged for reasons other than the intentional or negligent acts of the "Company".

1-11) If the "Member" is disadvantaged by not receiving the "Service" related instructions due to missing information changes.

1-12) If a failure occurs due to an error in an application installed by the "Member" arbitrarily.

‍

2. The "Company" shall not be liable for any indirect, consequential, special or incidental damages or damages or losses resulting from loss of profits or revenue incurred by the "Member" in connection with the "Service".
3. the member uses the service entirely at the member's own risk, and the service is provided on an "as is" and "as available" basis, and all member postings, information and materials are managed at the member's discretion and risk.
4. The "Company" shall not be responsible for any obstacles to the use of the "Service", restrictions on use, or termination of the contract due to reasons attributable to the "Member".
5. The "Company" shall not be liable for the loss of revenue expected by the "Member" by using the "Service", nor shall the "Company" be liable for any other damages caused by the data obtained through the "Service".
6. The "Member" is solely responsible for the management and preservation of the "Member's" posts, information and materials related to the "Service", and the "Company" is not obligated to back up or restore the "Member's" posts, information and materials. For this purpose, the "Member" shall back up the "Member's" posts, information and materials in its own independent and separate storage as needed.
7. The Company is not responsible for the contents, including the reliability and accuracy of the posts posted by the Member on the Service, and is not obligated to confirm or represent any opinions or information posted on the Service. The "Company" does not approve, oppose or modify the opinions expressed by "Members" or third parties.
8. The "Company" is not obligated to intervene in disputes between "Members" and third parties through the "Service", and is not responsible for compensating for any damages caused by such disputes.

‍

Article 26. Attribution of Rights

1. Intellectual property rights such as copyrights for the "Service" shall belong to the "Company".
2. The "Company" grants the "Member" only the right to use the "Service" in accordance with the terms and conditions set by the "Company", and the "Member" shall not transfer or sell it, provide it as collateral, or otherwise dispose of it.

‍

Article 27. Governing Law and Jurisdiction

1. Lawsuits concerning transactions under these Terms and Conditions shall be brought to the court having jurisdiction over the member's address or business location, but if the member's address is unknown or the address is not clear, the competent court under the Civil Procedure Act.

‍

<Addendum> If there are any contracts and agreements between the "Company" and the "Member" regarding the matters stipulated in these Terms and Conditions that differ from the contents of the Terms and Conditions, the contracts and agreements shall take precedence over the Terms and Conditions.

‍

These Terms shall be applied from July 3, 2023.

‍

‍