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Terms of Use

Article 1 (Purpose​)

The purpose of the Terms of Use is to stipulate the rights, obligations and responsibilities, and other necessary details of H&H Inc. (hereinafter referred to as the “Company”) and of users when using Gymmate (hereinafter referred to as the “Mobile App”).

Article 2 (Definition of Terms​)

  1. Definitions of terms used in the Terms of Use are as follows.

    1. The term "member" means a person who, after downloading the mobile app, agrees to the Terms of Use and becomes qualified to use the mobile service. Unless there is a special reason, the owner of the device that downloaded the app, such as a smartphone or tablet PC, is considered a member.
    2. The term "service" means all services, including all content and social media services provided by the company through the Gymmate app.
    3. The term "paid service" means a type of service among the services provided by the company to its members that require payment for its usage.
    4. The term "terminal" means a mobile device that can install and operate the Gymmate app, such as a smartphone or tablet PC.
    5. The term "account (ID)" means a combination of letters, numbers, or special characters selected by the member and given by the company for the identification of the member and the use of mobile services. Alternatively, you can use identification information that is provided by platform operators (e.g. Facebook), such as ID and e-mail addresses as your account.
    6. The term "account information" collectively refers to the general information provided by the member to the company, such as the member's ID, password, and name, as well as the service usage information, and the service usage payment status. However, if a member selects an ID or e-mail address provided by a platform operator as outlined in Clause 1 Sub-clause 5, the unique identification number (consisting of special numbers or characters) provided by the platform operator is included in the account information. (e.g. TID, UID, App Center ID, etc.)
    7. The term "open market" means a space that mediates transactions between the company and its members so that members can download the app for a fee or for free (e.g., Apple App Store, Google Play Store, Naver App Store, T-Store, etc.).
    8. The term "fixed-term service" means a service that is provided for a fixed-term, so that a member who pays for the service can use the service only for the duration of that term. The company decides and provides the contents and conditions, and can be purchased with Boost Points (points). The type of service pass and how to use it will be informed to the member on the screen when purchasing the page. The pass will expire after the expiration date, and in the case where the pass was provided free of charge, it may be destroyed in accordance with the company's policies.
    9. The term "subscription-type service" means a type of service that periodically charges fixed-term service fees on a monthly or annual basis through the open market.
    10. The term "content" means all contents (text, pictures, photos, voice, sound, video, etc.) that are digitally produced and processed and serviced to members.
    11. The terms "Boost Points" and "Coupon" are electronic payment methods provided by the company, of which the contents and conditions of use are determined by the company, that members can use after purchasing. They include electronic payment methods provided free of charge by the company to its members for the purpose of marketing or promotion. Points and other electronic payment methods that are provided free of charge by the company will be destroyed if they are not used by the time 30 days have elapsed in accordance to the company's policies and statute of limitations. If a member does not use the purchased points until five years have elapsed from the date of purchase, it may be destroyed in accordance with the statute of limitations.

  2. Unless otherwise defined in Clause 1 of this article, the definitions used in these Terms of Use shall be interpreted in accordance with relevant laws and regulations, policies for each service, or if not applicable to any of the aforementioned, in accordance with standard business practices.

Article 3 (Validity, Application, and Revision of the Terms of Use​)

  1. These Terms of Use take effect the moment they are disclosed within the mobile app operated by the company. In addition, if you download the company's app and use its content and services, you agree to these terms. The Terms of Use will be applied from the time you agree to them, and if there is a change in the terms, the updated terms will be applied starting on the effective date.
  2. Accepting these terms and conditions means accepting to regularly visit the Terms of Use page of the mobile app to confirm any changes to the terms and conditions.
  3. The company may change these terms and conditions if deemed necessary. If the terms and conditions change, the company will determine the contents of the changed terms and conditions and their date of effect, and will make an announcement within the app 15 days before the date of effect. However, if the changed contents of the terms and conditions are disadvantageous to the member, changes will be announced 30 days before the application date and available when accessing the app. The changed terms and conditions will take effect from the disclosed or announced date of effect.
  4. Members have the right to reject the changed Terms of Use. Any member who has an objection to the change of these terms and conditions may cease using the service and terminate the use contract (account deletion). If a member continues to use the service after the date of application of the changed terms and conditions, he/she shall be deemed to have agreed to the changed terms and conditions.

Article 4 (Availability of Service)

  1. The company will make the service available after the member agrees to the terms and conditions. However, certain services may be provided after a determined date in accordance with the needs of the company.
  2. If the service cannot be started due to the company's business or technical difficulties, the member will be notified when the mobile app is launched.

Article 5 (Provision of Services​)

  1. The company provides the following services to its members.
    • Exercise motion recognition, the main function of the app, to analyze exercise motions using joint coordinate information (Skeleton Data) and providing related audio content to provide exercise teaching services and other related services.
  2. In principle, the company shall provide services 24 hours a day without a break, unless there are any special circumstances regarding work or technological problems. However, the service may be suspended for a certain period of time if necessary, in cases of regular system checks, server additions and replacements, new content, bug patches, or replacements with new services; in cases regarding related laws, service contents, or service operations, the service may only be provided during certain hours of the day. In the above case, the company will announce the reason and time in advance on the website or the website of the individual service. However, if there is an unavoidable reason that causes the company to fail to make an announcement in advance, the company can make an announcement after the fact.
  3. The company can provide certain services for a fee.
  4. In providing the service, the company may request the member to agree to separate service-specific terms and conditions in addition to these terms. Services requiring separate terms and conditions can be used by members who agree to the terms of the app, apply for its use, and receive approval from the company.
  5. In providing services to members, the company may restrict the use of some services depending on the relevant laws and regulations, the age of the members, and the service use procedure. In this case, the company will notify the contents in advance within the mobile app.
  6. Only members who are 14 years of age or older can sign up and use the mobile app. When you sign up for the mobile app, it is considered that you have confirmed that you are 14 years old or older.

Article 6 (Protection and Use of Personal Information​)

  1. The company strives to protect the personal information of members, including member registration information, as prescribed by relevant laws and regulations. Regarding the protection and use of personal information of members, the relevant laws and the company's personal information handling policies apply. However, the company's personal information handling policies do not apply to linked sites other than the company's official site.
  2. If necessary for identification, the company may notify the member of the reason(use of personal information) and request the member's ID card or alternative verification certificate. The company shall not use this for any purpose other than the purpose notified in advance, and shall destroy it in a manner that cannot be immediately regenerated when the purpose is achieved.
  3. The company is not responsible for any and all information, including the account information of the member, if it is exposed due to reasons attributable to the member.

Article 7 (Management and Change of Personal Information)

Members must faithfully manage their personal information for the use of this service, and if there is any change in personal information, they must update it. Damage caused by the delay or omission of changes to the member's personal information shall be the member's responsibility.

Article 8 (Provision of Information and Posting of Advertisements​)

  1. The company may publish advertisements to maintain its services and users consent to the company posting advertisements that will be shown when using the service.
  2. The company shall not be held liable for any loss or damage caused by the member's participation in communication or transaction in any third-party services advertised on the company service, as mentioned in Clause 1.
  3. The company may request additional information about individual members for the purpose of improving services and introducing services to members, and the member may agree to the request and choose to provide or refuse to give additional information to the company.
  4. If the company provides advertisements mentioned in Clause 1 and the information mentioned in Clause 3 by using personal information collected from users with the user's prior consent, it may be sent using SMS, smartphone notifications, or via e-mail, and the user may unsubscribe at any time.

Article 9 (In-App Payments​)

  1. The Gymmate app includes an in-app payment function for purchasing in-app content.
  2. Members should use the password setting function of the terminal and the password setting function provided by the open market to prevent third-party in-app payments. To this end, the company applies modules, libraries, etc. for in-app payments in accordance with the Korea Communications Commission's recommendation and the "Open Market Mobile Content Payment Guidelines."
  3. The company is not responsible for any in-app payments by a third party caused by the member's failure to use the password setting function of the terminal and open market.
  4. The member is responsible for faithfully paying the in-app payments.

Article 10 (Use of Content​)

  1. By principle, members can use purchased content without restrictions or additional charges within the period during which the service is normally provided, except for special content with a limited period. However, there may be additional charges for purchasing content and items using network services in the application.
  2. Contents purchased by members are available only on downloaded or installed terminals. However, if you can change your device for account sharing in accordance with the characteristics of the open market, the policy of the open market will be applied. In case of device change, number change, overseas roaming, etc., all or some functions of the content may not be available, and in this case, the company shall not bear any responsibility.

Article 11 (Changes and Suspension of Services)

  1. The company may change the services it provides according to its operational or technical needs. The contents of the service to be changed and the date of provision are to be posted on the operating website and announced in advance. However, if there are unavoidable circumstances such as fatal bugs, server device defects, or emergency security problems that the company cannot announce in advance, it can be announced after the fact.
  2. If the company needs to suspend all services due to the planning or operation of the service or due to the company's urgent situation, the company may announce it through the startup screen or through the announcements of the service and suspend all or part of the service. When the service ends, the member cannot claim compensation for paid services that do not have a remaining period of use. In the case of paid content and services that have a warranty period marked as "permanent" or have a warranty period that is not indicated, the termination date of the service that is announced at the time of service interruption shall be regarded as the period of use of the content and service.
  3. The company may restrict or suspend all or part of the services in any of the following cases.
    1. When there are unavoidable reasons, such as wartime, accidents, natural disasters, or national emergencies
    2. Where the normal use of services is hindered due to power outages, failures of various facilities, or congestion of usage
    3. In case of unavoidable circumstances due to construction, such as repair of service facilities
    4. Where the service cannot be provided due to various circumstances of the company
  4. In the case of members using a paid service, if it is suspended or suspended due to the above reasons, the service period will be extended by the relevant period.
  5. In the case of service interruption under Clause 2, an announcement will be posted when the mobile app is opened. However, this is not the case if prior notification is impossible due to the suspension of the service due to reasons beyond the company's control.
  6. The company is not responsible for any problems caused by changes or suspension of services.

Article 12 (Collection of Information)​

  1. The company may collect and utilize member mobile terminal settings and specification information to improve mobile service quality, such as mobile service operation and program stabilization.
  2. If a member leaves an inquiry with a photo attached, the company can collect the member's photo information and use it for the purpose of resolving the inquiry.

Article 13 (Obligations of the Company)​

  1. The company complies with the relevant laws and regulations and faithfully exercises the rights and obligations prescribed by these terms and conditions.
  2. The company establishes a security system to protect personal information so that members can use the service safely, and discloses and complies with the Privacy Policy. The company shall not disclose or provide the member's personal information to any third party except as stipulated in these terms and conditions and the Privacy Policy.
  3. In the event of a facility failure or data loss during service improvement to provide continuous and stable service, the company shall do its best to repair or repair it without delay unless there are unavoidable reasons such as natural disasters, emergencies, or defects that cannot be solved with current technology.
  4. The company shall immediately deal with opinions or complaints raised by members if it deems them justified. However, if it is difficult to process immediately, the reason and processing schedule can be notified by phone or e-mail collected with prior consent of the member.

Article 14 (Obligations of the User)​

  1. Members shall not do the following.
    1. Using information other than the real name, using another person's information, stating false information, etc., when providing personal information to the company due to winning an event
    2. Stealing or illegally using other members' IDs and passwords, etc.
    3. Reproduction, distribution, promotion, commercial use, etc. of information obtained using the company's services or services without prior consent of the company
    4. Using the company's services to generate property benefits to oneself or another person
    5. Damaging or damaging the reputation of others
    6. Payment of service usage fees by unauthorized theft of payment methods without the agreement or consent of the name holder
    7. Infringement of the company's intellectual property rights, intellectual property rights of third parties, portrait rights, etc.
    8. Collecting, storing, disseminating, and posting personal information of other members without obtaining approval from the company
    9. Registration or dissemination of virus infection data that exploits program bugs or causes the destruction or confusion of information or malfunction of facilities related to services
    10. Information that intentionally interferes with the operation of the company's service or may interfere with the stable operation of the service, and the transmission of advertising information against the receiver's explicit intention to refuse to receive it, etc.
    11. Acts pretending to be others and falsely specifying relationships with others, etc.
    12. Exchange and publish obscene or vulgar information, links to pornographic sites, or publish unauthorized advertisements and promotional materials, etc.
    13. Acts such as inducing or participating in gambling, such as betting on property, etc.
    14. Transmission, distribution, etc. of words, sounds, writings, images, or videos that cause shame, disgust, or fear to the other party
    15. Acts such as changing the information posted on the service, etc
    16. Transmission, posting, dissemination, use, etc. of information (mobile programs), data containing software viruses, other malicious codes, files, programs designed to interfere with or destroy normal operation of mobile software, hardware, and telecommunication equipment, that is prohibited by relevant laws and regulations
    17. Posting articles or sending e-mails by impersonating an employee or operator of the company, or stealing the name of another person
    18. Other acts that violate public order and customs, illegal and unjust acts, and violations of related laws and regulations
    19. Fraudulent activities, such as having a third party use their ID and password
  2. The member is obligated to check and comply with the provisions of these terms and conditions, the precautions announced in relation to the usage guide and mobile service, and the matters notified by the company.
  3. If your ID and password are stolen or become aware of the fact that a third party is using it illegally, you should change your password immediately, notify the company, and follow the company's instructions. If you do not change your password or respond to the company's actions, the member is responsible for everything that occurs.
  4. The company may determine in its operating policy the specific types of actions falling under Clause 1 and 2, and any of the following Sub-clauses, and the members are obligated to comply with them.
    1. Restrictions on how to use the service
    2. Other matters deemed necessary for the operation of mobile services by the company to the extent that it does not infringe on the essential rights of members to use mobile services

Article 15 (Community)

  1. If a member registers content that is judged to fall under any of the following items, the Company may determine that it is inappropriate content and delete it or stop posting it. In addition, the use of the service may be temporarily or permanently restricted without prior notice to protect users who use the service normally.
    1. Criticizing or defaming the company, members, or third parties
    2. Content that does not meet the Company's purpose of use or is unrelated to the purpose of the Service
    3. Content that infringes on the copyrights, trademark rights, etc. of others
    4. Obscene or hateful content
    5. Content that contains personal information of a specific person
    6. Abnormal content, such as repeatedly inserting specific words or phrases, or mechanical pattern writing using programs, etc.
    7. Content related to commercial activities not authorized by the Company
    8. Content that contains malicious code, such as malware or spyware, that may cause damage to other users, partners, or other third parties, such as system performance degradation or personal information leakage.
    9. Other content deemed to violate applicable laws and regulations.
    10. If you engage in activities that interfere with the App system and the normal use of the App by other users.
    11. If you have a history of criminal behavior (fraud, sexual offenses, violence, etc.) or are identified.
    12. Even if it does not specifically fall under the above items, if it adversely affects the provision of a healthy service environment, the use of the service may be restricted in accordance with the company's terms of use.
  2. If a member's content contains content that violates other laws such as the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」, 「Personal Information Protection Act」, and 「Copyright Act」, the right holder may request the suspension or deletion of such content in accordance with the procedures set forth in the relevant laws.

Article 16 (Restrictions on the Attribution and Use of Copyrights​)

  1. Copyright and other intellectual property rights for content produced by the company in the service are owned by the company.
  2. The copyright of a post posted by a member in the service belongs to the author of the post.
  3. Posts posted by members within the service may be exposed to search results, services, and related promotions, and may be partially modified, reproduced, edited, and posted to the extent necessary for the exposure. In this case, the company complies with the copyright law regulations, and members can take measures such as deleting, excluding search results, and non-disclosure at any time through the customer center or in-service management function.
  4. If the company intends to use a member's post by means other than those mentioned in Clause 2, it must obtain the member's consent in advance through phone, fax, e-mail, etc.
  5. Members shall not reproduce, transmit, publish, distribute, broadcast, or use any information attributable to intellectual property rights to the company or provider for profit or use by a third party without the prior approval of the company or provider.
  6. Members allow the company to use communications, images, sounds, and all materials and information (hereinafter referred to as "User Content") including conversation text displayed in the app or uploaded or transmitted by members or other users through the mobile service in the following ways and conditions.
    1. Using the user's content, changing the editing format, and other modifications (it can be used in any form, such as public announcement, reproduction, performance, transmission, distribution, broadcasting, secondary work creation, etc., and there is no restriction on the period and region of use.)
    2. Do not sell, rent, or transfer user content for the purpose of transaction without the prior consent of the user who created the user content
  7. For user content (e.g. posts on general bulletin boards, etc.) of members that are not shown in the app and are not integrated with mobile services, the company does not use them commercially without the explicit consent of the members, and the members can delete them at any time.
  8. The company may delete, move, or refuse to register any postings or contents in the mobile service posted or registered by a member without prior notice if it deems them to be a prohibited act prescribed in Article 14.
  9. A member whose legal interests are violated by information posted on a bulletin board operated by the company may request the company to delete the information or publish the contents of rebuttal. In this case, the Company will promptly take the necessary action and notify the applicant.
  10. Clause 6 is valid while the company operates the mobile service and will continue to apply after the membership is withdrawn.

Article 17 (Paid Services)​

  1. Members apply for the use of paid services in accordance with the following procedures or similar procedures. Before entering into a contract for the use of paid services, the company provides members with information related to the following matters so that members can accurately understand and make transactions without errors or mistakes.
    1. Check and select the contents, usage method, usage fee, and other conditions of use of paid services
    2. Select a payment method and enter payment information
    3. Confirmation of the application for the use of paid services or consent to the company's confirmation
  2. The time when the paid service use contract is established is the time when the subscription is completed and the purchase is indicated in the application procedure.
  3. Members agree to these terms, and use payment methods outlined in these terms, to purchase and use the use pass to gain access to the paid service.
  4. The service becomes available after the company accepts the member's application for use (in case of new and some of the services, the designated date announced in advance after receiving the application), and if the service cannot be started due to certain circumstances, such as the company's technical reasons, the member shall be notified in advance as outlined in Article 8.
  5. The company shall notify the member when receiving an application for use, and if the member who receives the company's notification discovers discrepancies in the expression of intent, they must request the correction of the discrepancy, and the company must handle it at the request of the member. However, if the payment has already been made, the provisions of Article 19 shall be followed.
  6. The company provides the following paid services, and the contents of the service may be added or changed according to the company's circumstances and other conditions. The contents of each paid service are displayed in detail to the members on the purchase page of the paid service in the mobile app.
    1. Subscription-type service: A product in which the usage fee is automatically paid on a monthly basis and the usage period is automatically renewed through the payment method registered by the member
    2. Fixed-term service: A service that is purchased and used for a certain period of time through a payment method registered by a member, or through points or coupons
  7. The company may provide other content other than education, combined products provided with additional services, and affiliated products through contracts with other companies.
  8. The signing of a contract and the contents of special contracts between the company and the individual, organization, or corporation (hereinafter referred to as "right holder, etc.) that provides the content, and the request of the right holder may result in restrictions or changes to the use conditions of certain paid services before or after the fact.

Article 18 (Member's Change of Paid Service Product​)

  1. By principle, paid services or products that members have already purchased or subscribed to will not be changed.
  2. If there is a change to a paid service product, the company shall notify the fact, content, and date of the change in advance in accordance with the methods prescribed in Article 8.

Article 19 (Payment and Payment Method​)

By principle, the purchase price for content is charged according to the methods and policies set by mobile carriers, open markets, and mobile apps, and the payment is also paid according to the prescribed methods. Payment limits may be applied for each payment method in accordance with the company's policies, policies of payment companies (mobile carriers, open market stores, application stores, etc.), and government policies.

  1. A member may purchase a use pass through the following payment methods, and the company does not collect any additional fees for the payment method selected by the member. However, if there is a separate provider for the payment method selected by the member, the member shall perform the procedures required by the payment method provider before using the payment method.
    • Points prescribed in Article 2 and Article 16 of these Terms of Use
    • Other payment methods determined by the company
  2. Each member's monthly cumulative payment amount or top-up limit may be limited in accordance with the company's policy or the criteria of the payment method provider that is mentioned in the previous clause. If the criteria are exceeded, additional use of the paid service may not be possible.

Article 20 (Withdrawal of Subscription and Refund of Purchase​)

By principle, the purchase price for content is charged according to the methods and policies set by mobile carriers, open markets, and mobile apps, and the payment method is also paid according to the prescribed methods. Payment limits may be applied for each payment method according to the company's policies, policies of payment companies (mobile carriers, open market stores, application stores, etc.), and government policies.

  1. Paid members using the Google Play Store and other payment methods can request cancellation (withdrawal of subscription) from the company within 7 days of the payment date.

    However, a direct refund may not be possible for a payment method that cannot be performed directly by the company, such as the Apple App Store, and must be resolved through Apple.

    Exceptions regarding refunds through the Google Play Store

    • Products purchased through mobile phone payment cannot be refunded if the payment is made through the mobile carrier.
    • Mobile payments cannot get a partial refund in accordance with the Google Play Store policy.
    • You can only get up to one refund on the same app.
    • You cannot get a refund for a product that was purchased using Google Play Store gift cards.
    • Details can be found at the following link.

  2. In the app market payments (in-app payment), the company acts in accordance with the "Act on Consumer Protection in Electronic Commerce, etc." when processing the suspension or cancellation requests of payments to the app market. However, please refer to the relevant app market's policies regarding the app market's procedures when the company processes the request.

  3. In relation to the fulfillment of paid services to members, if the following parties are not the same person, the following parties shall be jointly responsible for the fulfillment of their obligations related to the refund of the content price due to the withdrawal of subscription.

    1. Company
    2. A person who has received payment for paid services from a member
    3. A person who has signed a use contract with a member

  4. If a member receives a refund of points by illegally using the app market payment (in-app payment) policy, when there is no basis for such methods in the laws and terms, the company may claim the amount unfairly refunded to the member and deduct it from unused use passes and points held by the member. In this case, the member loses the unused use passes and the right to use the points.

  5. Subscription withdrawal takes effect when a member reaches out to the company by expressing their intention to withdraw to the company by phone, e-mail, etc., and the company will reply to the member without delay after receiving the member's expression of intent.

  6. When the company receives a subscription withdrawal, cancellation, or cancellation request, and the company confirms that a refund should be made, the company, by principle, will process the request within 3 business days by requesting to suspend or cancel the payment to the relevant payment provider, and process the refund with the same method used to make the payment. However, there may be differences in the refund method and refundable period for each payment method, if notified in advance by the company or in the cases below.

    1. In the case of payment methods that require confirmation of receipt, such as credit cards, within five business days from the date of confirmation of receipt
    2. In the case of a refund that has passed the designated refund date, determined and agreed upon in advance between the payment method provider and the company
    3. In the case of a member having profits as a result of using the paid service/products, or terminating in the middle of the subscription period
    4. In the case when a member does not immediately provide the company with the information or data necessary for the refund processing (if they do not submit a copy of the bank account and ID card, or provide a bank account in the name of another person, etc.)

  7. By principle, refunds of errors incurred in the process of using a member's service shall be refunded in the same way as the member paid, but if refund is not possible in the same way, the member shall be notified immediately and refunded in the method selected by the member.

  8. In the event that the company makes an overpayment of the refund amount due to reasons that are the member’s responsibility, the member will bear the burden of the additional fees that occur. However, in the event that the company makes an overpayment of the refund amount due to reasons that are the company's responsibility, the company will bear the burden of the additional fees.

  9. Refund Policy

    • Subscription-Type Service
      1. A full refund is possible within 7 days of the payment date in accordance with the policies of the app market.
    • Fixed-Term Service
      1. If a member does not use the fixed-term service that was purchased for a fee, it can be refunded as points within 7 days.
      2. The company must convert unused use passes that the member has paid for into points within 4 business days from the date of receiving the member's declaration of intent to refund, and in this case, the refund fee is not deducted.
      3. Points cannot be refunded if the fixed-term service is used after purchase or 7 days have passed.
      4. When refunding points, points that were received for free will get a new validity period of 30 days starting from the time of refund.
    • Points
      1. A full refund is possible within 7 days of the payment date in accordance with the policy of the app market.
      2. Points received free of charge are exempt from refunds.

Article 21 (Termination of Contract and Suspension of Service Use)​

  1. When using paid services provided by the company, the member shall comply with relevant laws, terms and conditions, detailed usage guidelines, service usage guidelines, notices announced on the site, and other matters related to service use.
  2. Members are responsible for managing their IDs and passwords and should not be allowed to be used by others other than themselves. The member is responsible for the results of using the paid service using the member's personal information. Members shall not steal or use personal information such as others' names, IDs, passwords, mobile phone numbers, account numbers, credit card numbers, etc.
  3. Except as previously permitted by the company, a member shall not use paid services for profit, such as business activities, or engage in acts prohibited by these terms and conditions, or engage in activities beyond the scope of permission.
  4. Members shall not engage in illegal acts, or acts that go against the public morals and customs or social order while using the paid services, and shall not engage in transactions with third parties for a fee or convert them into cash.
  5. Members shall not use the information obtained using paid services for any purpose other than the use of the service without prior consent from the company.
  6. Members shall use various contents and materials, including educational contents related to services, only within the scope of private use, and shall not provide them to third parties or use them for profit. In addition, voice services should not be recorded, and downloaded contents should not be illegally distributed or shared, and the member themself is responsible for all problems that have occurred in violation of them.
  7. In the event of a member's violation of Clauses 1 through 6, the company may notify the member of the violation and suspend the service provision for one month or cancel or terminate the service use contract. The expression of intention of the company in this clause shall take effect on the date of the expression to the member. On the other hand, the member may file an objection to the cancellation, termination, and suspension of the use of service to the company in accordance with the procedures set by the company, and if the company deems that the member's objection is justified, the company may allow the resumption of the use of service.
  8. Members who have not provided sincere and accurate information regarding the use of paid services cannot be legally protected and may be restricted from using the service.
  9. The collection, use, and retention period of personal information are as follows.
    • The required information is name, nickname, e-mail, password, user's personal exercise information, and goal. The collected personal information is used to provide membership services, identify and authenticate members, member management, improve AI analysis and machine learning algorithms, provide statistical services, and prevent service fraud.
    • The essential information will be deleted without delay when the membership is withdrawn. However, the items below are kept for the minimum storage period in accordance with the law.
      • 3 years for records concerning the handling of consumer complaints or disputes
      • 5 years for records concerning contract or withdrawal of subscription, etc.
      • 5 years for records concerning payment and the supply of goods, etc.
      • 3 years for records concerning the collection/processing, use, etc. of credit information
    • You can refuse to consent to the use and collection of essential personal information. However, essential information is the minimum personal information necessary to provide the service, so you can use the service only if you agree.
    • During the service use process, IP addresses, cookies, service usage records, device information, operating system version, carrier network name, and app version can be generated and collected.
    • For more information, please check out the Privacy Policy.

Article 22 (Compensation for Damages​)

  1. If the company intentionally or negligently causes damage to the member, the company is responsible for compensation for the damage.
  2. If a member causes damage to the company in violation of these terms and conditions, the member is responsible for compensating the company for the damage.
  3. The company shall not be liable for any damages that do not fall under the provisions of the Personal Information Protection Policy in relation to the use of services provided free of charge by the service.

Article 23 (Disclaimers​)

  1. The company shall not be liable for damages incurred to the member or a third party that occur due to the following reasons.

    • When it is impossible to provide paid services due to natural disasters or an equivalent force majeure
    • When a member neglects to manage his/her ID or password, etc.
    • When it is impossible to use the service due to a failure of a public communication line outside of the company's management area
    • Due to intentional/neglectful acts of a third party, such as an educational content provider or service-related affiliate
    • In the case of a failure of communication services, etc. that are not attributable to the company
    • In the event that an accident or physical/mental damage occurs due to the member or another person's careless or intentional acts, while using the app service

  2. The company shall not be responsible for the loss of revenue expected by the member using the service, or for damages caused by the selection or use of the posts posted on the service. In addition, the company is not responsible for the accuracy of posts such as reviews and ratings posted by members on the site.

  3. The company is not obligated to intervene in disputes related to services between members or between members and third parties, including educational content providers, and is not responsible for compensating for damages incurred therefrom unless there is a reason attributable to the company.

  4. If the company is unable to provide the service due to a natural disaster or equivalent force majeure, it will be exempted from responsibility for providing the service.

  5. The company is exempted from liability for damages caused by unavoidable reasons such as repair, replacement, regular inspection, and construction of service facilities.

  6. The company is exempted from responsibility for any obstruction of service use due to reasons attributable to members. However, this is not the case if the member has an unavoidable or justifiable reason.

  7. The company shall be exempted from liability in the event of damage caused by the mobile carrier's failure to stop or provide network services normally.

  8. The company shall not be responsible for any problems caused by the device environment of the member or any problems caused by the network environment that is not attributable to the company.

  9. The company shall not be responsible for the information, data, reliability of facts, accuracy, etc. posted by the member in relation to the service.

  10. The company is exempted from liability of transactions made between members or between members and third parties through the service.

  11. The company shall not be liable for the use of services provided free of charge unless otherwise provided by the relevant laws.

  12. The company shall not be liable for the loss or failure of the members to obtain the expected benefit of using the service.

  13. The company is not liable for damages caused by inaccurate or non-stated personal information.

  14. The company is not liable for any damages in regarding the use of services provided free of charge to members by the company.

  15. If the company is unable to provide paid services due to changes in related laws, natural disasters, or equivalent force majeure, the company will be exempted from responsibility for providing paid services.

  16. The company shall not be responsible for any obstruction in the use of paid services due to reasons attributable to members unless there is a reason attributable to the company.

  17. The company shall not be liable for disputes arising between members or between members and third parties through paid services unless there is a reason attributable to the company.

Article 24 (Notification to Members​)

  1. If the company notifies the member, it can be through e-mail, text message, etc. designated by the member.
  2. When notifying all members, the company may replace the notification prescribed in Clause 1 by posting an announcement on the initial screen, pop-up screen, etc. in the app for at least 7 days.

Article 25 (Matters Outside the Terms and Conditions​)

Matters not prescribed in these terms and conditions and interpretations of these terms and conditions shall be governed by relevant laws such as the Consumer Protection Act in Electronic Commerce, the Regulation of Terms and Conditions, the Information and Communication Network Use Promotion and Information Protection Act, and the Content Industry Promotion Act.

Article 26 (Governing Law and Jurisdiction​)

  1. Disputes arising between the company and its members regarding the use of the service must be resolved smoothly by agreement between the two parties.
  2. If matters not specified in these terms and conditions are stipulated in the relevant laws and regulations, follow the relevant laws and regulations.
  3. If a lawsuit is filed against a dispute arising from the use of services, the court selected in accordance with the procedures prescribed by law shall be the court of jurisdiction.

Article 27 (Other Terms and Policies​)

  1. The company operates a "Friend Recommendation Event" on Gymmate, through which users receive a certain reward in the form of coupons if a member recommends another member.
  2. Warranty and disclaimer: Paid members who participate in the 'Friend Recommendation Event', who through carelessness, neglect, or acts breaking the law, whether the actions were accidental or intentional, shall be liable for all claims, disputes, damages, liabilities, losses, and expenses (including due fees and expenses to lawyers and other professionals) arising from their actions, of which the company will not be liable to any.
  3. Exclusion and Limitation of Liability: The company shall not be liable for any special, accidental, punitive, typical or consequential damages of any kind, even if informed in advance of the possibility of such damages. The total amount of compensation liable to the company does not exceed the amount paid by the member for the paid service.

Effective Date: October 16th 2023