Article 1 (Purpose)
These terms and conditions are intended to determine the necessary conditions, procedures, and other matters when using LegalTech VDR solution (hereinafter referred to as the “solution”) provided by LegalTech Co., Ltd. (“Company”).
Article 2 (Definition)
The terms used in these terms are as follows.
① LegalTech VDR: A virtual data room solution that allows customers to use virtual spaces prepared by the company to perform data storage, preview and search operations.
② Customer: Refers to a corporation or individual who has a duty to pay the usage fee, submitting a solution application form to the company as a party to the solution usage contract, and is authorized to use the solution from the company.
③ ID: Refers to a customer identification, the email address selected by the customer, approved by the company, and the email address registered by the user who invited to the room (hereinafter referred to as “room invitation”).
④ Password: Refers to a combination of letters/numbers/characters set by the customer for the purpose of protecting confidentiality.
⑤ User: Refers to a corporation or an individual who has been invited to the room.
⑥ Room: Refers to a virtual data room opened by the space administrator by naming the required virtual data room allocated in the various settings.
⑦ Invitation: Refers to sending an invitation email and allow invited users that room should be used by the users.
⑧ Usage Agreement: Refers to a contract between the company and the customer in order to receive the “solution”.
⑨ Contract (or subscription): Refers to apply for or use the solution according to the standards and procedures managed by the company.
⑩ Suspension: Refers to temporarily suspending the solution by setting a period of time to the customer.
⑪ Prior Termination: Refers to a cancellation the solution before starting the solution.
⑫ Termination: Refers to a cancellation the solution after the solution is provided.
⑬ Trial: Refers to providing the solution to the customer for a certain period of time without a charge.
Article 3 (Amendment of the agreement)
① The company posts the contents of these terms and conditions on the website https://legaltech.kr/vdr (hereinafter referred to as the “homepage”) or mobile service so that members can easily understand the contents.
② The company shall use and revise these terms and conditions to the extent that it does not violate related laws, such as the “Act on the Regulation of Terms and Conditions (hereinafter, the “Terms and Conditions”) and the “Act on Promotion of Information and Communication Network Utilization and Information Protection (the “Information and Communication Network Act”)”.
③ When the company revises the terms and conditions, the reason for the amendment is specified and posted in accordance with paragraph ① of this Article. However, if the terms and conditions change unfavorably to the customer, the revised terms and conditions will be announced over a 30-day grace period.
④ If the company does not give a separate statement of intention within 30 days after the notice or notice of the revised terms and conditions according to the preceding paragraph, the customer is deemed to have agreed to the revised terms and conditions.
⑤ If the customer disagrees with the revised terms due to the terms are changed against the customer, the customer can cancel the contract.
Article 4 (Interpretation of Terms and Conditions and Application of Regulations)
Terms and matters or interpretations not specified in these Terms and Conditions are subject to relevant laws or customs, such as the “Commercial Act”, “Telecommunications Business Act”, and “Act on Consumer Protection in Electronic Commerce, etc.”.
Article 5 (Establishment and conclusion of use contract)
① The use contract is established by a customer who wants to use the “solution” to apply according to the procedures set by the company, including consent to the contents of these terms and conditions, and the company to approve it.
② The customer must apply for the use of the solution after checking the terms and conditions and the price of the solution announced by the company through the site and a separate quote before applying for the solution. The customer is responsible for all of the problems caused by applying for the service without checking the terms and conditions.
③ The company does not approve the contract in the following cases.
1. When the contents of the contract are made false or attached with false documents
2. Important items in the contract form are missing or incorrectly listed
3. If the solution cannot be provided due to company circumstances
4. If it is difficult to approve the contract form due to other reasons attributable to the customer, or if the application requirements previously announced by the company are not satisfied
Article 6 (Change of application contents)
① If the customer’s name, corporate registration number, name, address, phone number, e-mail address, account number, etc. (hereinafter referred to as “customer information”) are changed to use the solution, the company immediately decides the method and procedure. According to the changes, the company must provide the changes.
② The company is not responsible for any damage caused by the customer not providing the changed customer information to the company.
Article 7 (Cancellation of User Agreement)
① Customers who want to cancel must apply for termination in writing to the company within 5 business days before the date of the termination (hereinafter referred to as the “termination date”).
② When the cancellation request is received, the company cancels the solution on the customer desired cancellation date.
③ The customer’s data in the solution immediately deletes on the termination date.
④ The customer is responsible for the loss of deleted data and customer information after the contract is terminated due to the customer’s cancellation request and other reasons, and the company cannot claim any responsibility for the loss.
⑤ If the customer terminates the usage contract within the minimum usage period specified in the application form without any cause attributable to the company, 60% of the total monthly fee based on the subscription must be paid to the company as a penalty for the remainder of the minimum usage period.
⑥ In the following cases, the customer can cancel the use contract without penalty.
1. In the case that the failure of more than 2 hours occurs more than 10 times a month due to the company’s fault
2. If the cumulative time for monthly disability occurred for more than 72 hours due to the company’s fault
Article 8 (Solution provide)
① The company provides solutions to customers from the time when the customer consents the application.
② In principle, the solution usage time is 24 hours a day. However, if the solution cannot be provided for technical issues, the solution may be suspended. In this case, the company will notify it on the website.
Article 9 (Solution suspend)
① The company may stop providing solutions for a period of time necessary to resolve the following issues.
1. If there is a problem in inspecting for stabilizing the solution.
2. If there is a problem in providing a normal solution due to power outage, failure of various facilities, and congestion of solution use, etc.
3. If there is a problem of force majeure, such as a national emergency or other natural disasters.
② If the solution is suspended due to the reason of the preceding paragraph, the company will notify the customer in advance. However, if it is impossible to notify in advance, it will be notified in the future.
③ The company may stop providing solutions at any time during the trial period.
Article 10 (Limitation of use and termination of authority)
① The company may terminate the contract directly if the following same act is repeated.
1. Criminal acts, or acts contrary to public order
2. When a large amount of data is repeatedly transmitted for the purpose of interfering with the stable operation system for advertising purposes
3. In the case of disseminating virus programs that may cause device malfunction.
4. If the customer has not paid the fee after due date over a month.
5. If there is any relevant issues under Article 5, Paragraph 3, No. 1 to No. 2.
6. In case of any other violating with the company’s terms of use
7. In the case of other related laws
② If the user contract is terminated directly due to the above reasons, the company must notify the customer in writing or on the phone.
③ If the customer’s contract is terminated, the company may immediately delete all information created by the customer, and the company is not responsible for any damage.
④ The customer’s contract does not affect the obligation to claim for compensation for damages. However, the company does not charge customers for a period of time during when the using of solution is suspended.
Article 11 (No transfer)
① The customer cannot resell the solution to a third party. However, there is an exception when a separate contract is used for resale purposes or M&A package.
② Customers may not transfer all or part of the contract status and rights/duties according to the User Agreement to a third party for the purpose of providing collateral.
Article 12 (Copyright)
① The copyright of the stored data is owned by the customer, and the company cannot use the data without the customer’s consent.
② If the stored data infringes the intellectual property rights or various rights, such as copyrights and portrait rights, the customer is responsible for civil and criminal liability, and the company does not take any responsibility.
Article 13 (Company obligations)
① The company should endeavor for customers to use the solution safely.
② When the complaints raised by the customer regarding the solution, the company should endeavor to promptly deal with the problem, and if it is difficult to process promptly, notify the customer.
③ The company does not disclose personal formation acquired in connection with providing solutions to third parties without the customer’s prior consent. However, when there is a request from a national agency based on related laws.
④ If there is an overpayment by the customer, the company must return the fee to the customer as an unfair advantage. However, if there is an unpaid fee to a customer for which the company should return, the first mayment will deducted with the amount of overpayment.
⑤ If there is an issue during the trial period, the company does not take any responsibility, unless there is relevant laws.
Article 14 (Obligations of customers)
① The customer must pay the bill by the due date according to the contract, and the customer is responsible for any problems arising from the failure to pay.
② When there is a change in customer information, the customer should immediately notify the company of the changes, and if not notified to the company, the company is not responsible for any problems caused by not fulfilling it.
③ When using the solution, the customer must not act against the morality and other public order, or in violation of related laws such as copyright law.
④ In the event that the customer incurs damages by violating the provisions of these terms and conditions, the customer who violates these terms and conditions shall indemnify the company in full.
⑤ If the customer agrees to “automatic bill” when using the trial to use the solution without interruption even after the trial period ends, a fee may be charged according to the application details and payment information on the application form.
Article 15 (Billing and payment of fees)
① The company charges the charges incurred in the current month to the e-mail address specified when the customer applies for the use contract in the current month, and the customer must pay the charged charges within the predetermined delivery date between the company and the customer when signing up for the service.
② The customer can file an objection within 10 business days from the billing date if there is an objection to the charged fee, etc., and the company must return the result to the customer within 5 business days after receiving the objection.
③ The method of payment of the fee shall be in accordance with the contents determined between the company and the customer when applying for the use contract.
④ If the fee is not paid by the specified delivery date, an additional amount equivalent to 2% of the unpaid fee will be charged, and the unpaid fee and additional fee will be charged in the next month.
Article 16 (obligation to manage ID and password)
① Users are responsible for the managing IDs and passwords, and should not be used by third parties.
② The company may restrict the customer’s ID in the following cases.
1. If there is a risk of leakage personal information
2. If customer’s ID is against the antisocial or breeze
3. If there is a possibility of the customer’s ID may be mistakenly understood as the operator of the company
③ Users should immediately notify the company when ID or password is stolen or used by a third party and follow the company’s instructions.
④ In the case of Paragraph 3, the Company shall not be liable for any disadvantages for the failure of the user not following the Company’s instructions.
Article 17 (collection, use and utilization of personal information)
The company may collect, utilize customer information and personal customer information in accordance with the application. This is to provide smooth operation of the solution and provide of optimized services during the term of this contract, and the customer must agree.
Article 18 (Consignment of processing and management of personal information)
① In principle, the company directly performs personal customer information collecting, handling and managing tasks. When necessary to provide a solution, partly or all tasks will be entrusted to a person selected by their respective company.
② The customer may request that the company has provided it to a third party at any time, and may request correction if there is an error in the personal information.
③ When requesting correction, the company must take quickly without delay and will not use the personal information of the customer until correction is finished.
④ The customer can withdraw his/her consent of the use of personal information at any time, and the company must take an action without delay.
⑤ In accordance with the previous paragraph, the use of the solution may be restricted if the customer withdraws his/her consent.
Article 19 (Security and personal information protection)
① The solution is provided to the customer under the responsibility of the company and the company is responsible for security accidents due to reasons attributable to the company.
② The Company will endeavor to protect customer information and personal information of customers and users in accordance with the relevant laws and regulations, and will follow the relevant laws and the company’s personal information processing policy for the protection and use of personal information.
③ The customer and the user are responsible for security incidents due to reasons attributable to the customer and the user, and the company does not take any responsibility in this regard.
Article 20 (Compensation for damages)
① If the customer cannot continue to use the solution for more than 2 hours a day due to reasons attributable to the company, the company is responsible for compensation.
② The standard for compensation for damages under the preceding paragraph shall be as follows.
1. If the solution is not available due to the company’s fault, the failure time is calculated from the point at which the customer notifies the company or from the point of failure that the company knows until the solution becomes available.
2. If the failure time calculated in 1. is more than 2 hours and the number of ends is less than 1 hour, the number of times to end is 1 hour.
3. If the same failure occurs within 1 hour after the solution becomes available in 1., it is counted as a continuous failure time.
4. After dividing the average daily rate by 24 for the previous month, multiply the amount of disability by 6 times to calculate the amount of damages.
The amount of damages calculated in 5.4. cannot exceed the monthly fee.
③ If a customer wishes to claim damages pursuant to the preceding statement, he/she shall request the company in writing, stating the reason for this, the amount of the claim, the basis of the calculation, and the details of the disability.
④ The customer’s right to claim damages will expire if three months have elapsed from the date on which the cause occurred.
⑤ In the event that a customer is claimed for damages from a customer, the company must return the result to the customer within 5 business days.
Article 21 (Disclaimer)
① The company is not responsible for customer damages caused by any of the following reasons.
1. If checking the solution is inevitable and inevitable checking is announced in advance, and there is no intention or negligence of the company
2. If the solution cannot be provided due to a national emergency, natural disaster, national network failure, or an equivalent force majeure accident
3. If the solution cannot be provided due to the customer’s fault, such as customer’s intention or negligence
4. When the solution cannot be used due to an obstacle in the public communication line outside the management area of the solution
5. If the solution cannot be provided due to an inevitable reason due to the nature of the telecommunication service.
6. If the use of the solution is restricted due to contract expiration, termination, or nonpayment
7. If the customer is using Trial in consultation with the company
② The company is not responsible for the failure to obtain the expected profits by using the solution.
③ The company has no obligation to intervene in disputes arising from solutions between customers and users, or between customers and third parties, and is not responsible for reparing damages.
Article 22 (Prohibited acts)
① The use of the solution or access to the solution in an abnormal way is prohibited without following the method of using the solution provided by the company. In the event of damages caused by this, the company may claim the damages to the customer.
② Unauthorized use of the service provided by the company by the unauthorized use of another person’s name, card information, account information, etc. is prohibited.
③ In the event of unfair use or fraudulent acts of customers and users, the company may take measures such as recovering some or all of the benefits provided to the customers and users, limiting the use of the solution, and canceling the use contract.
Article 23 (Dispute)
① The use of the solution provided by the company should be used within the scope of not violating this Agreement or the laws of the Republic of Korea, and this Agreement does not take precedence over the enforcement laws.
② The company faithfully responds to complaints and opinions submitted by customers. However, if prompt processing is difficult, the member must be notified of the reason.
③ If some provisions of these Terms and Conditions conflict with the enforcement regulations of the Republic of Korea, the provisions will be followed, and even if some of the provisions of these Terms and Conditions are suspended, the effect of other provisions will not be affected.
Article 24 (Governing Law and Jurisdiction)
① The laws of the Republic of Korea apply to the interpretation of these terms and conditions and disputes between the company and customers.
② When a lawsuit arises due to a dispute between the company and the customer regarding the use of these Terms and Services, the Seoul Central District Court shall be the competent court.
Announcement date: September 23, 2019.
This terms of use shall enter into force on October 01, 2019.