CHAPTER 1. WELCOME TO KOKIRI!

Article 1. Purpose

The purpose of this KOKIRI Terms of Service (this “Terms of Service”) is to provide the rights and obligations between Koylabs (the “Company”) and Members (as defined below) of KOKIRI services as well as responsibilities of the parties, procedures, and any other necessary matters in connection with use of the Services (as defined below).

Article 2. Definition of Terms

The “Service(s)” refers to any KOKIRI or KOKIRI-related service a Member can electively use via any device, regardless of its type (including all types of wired and wireless devices such as PCs, mobile phones, and tablets), that renders any Internet or mobile application interface as operated by the Company.
“Member(s)” refers to any end-user or customer who uses the Services provided by the Company, after accessing the Services and accepting this Terms of Service to enter into a service agreement with the Company.
“KOKIRI Account(s)” refers to a Member's account which is required to use the Services based on the Member's existing social media account for logging in purposes.
“Member-Generated Contents” refers to any content uploaded to the Service by a Member, including, but not limited to texts, images, or videos, while using the Service.
“Required Information” refers to information such as email addresses or physical addresses, which a Member provides to the Company when signing up for the Services, and is necessary for the Company to identify the Members to provide the Services to the Members.
“Subscription Membership” refers to all paid services that give the “member” the right to use additional features or content for a certain period of time by paying regular fees for certain additional features or content of “Service”.

Article 3. Notification and Revision of this Terms of Service

This Terms of Service will be announced by posting the same on the initial screen page or via other methods, and shall bind everyone who has consented to this Terms of Service.
The Company may amend this Terms of Service to the extent permitted by the relevant laws and regulations, if necessary. In the event of an amendment to this Terms of Service, the Company shall announce or notify the amended content at least seven (7) days prior to the effective date. Notwithstanding the foregoing, if the amendment operates to the Member's disadvantage, the Company shall announce the amended content on the initial screen page of the Service at least thirty (30) days prior to the effective date, and individually clearly provide, for a certain period, such notice of amendment via electronic methods, such as emails, electronic messages within the Service, or through a pop-up a consent screen when signing-in.
Where the Company announced or notified the amendments to this Terms of Service according to the Paragraph (2) of this Article 3, and a Member does not explicitly refuse to accept the amendments, the amended Terms of Service shall be deemed to have been consented by the Member.
If a Member does not accept the amended Terms of Service, the Company or Member may terminate the service agreement. In the event of such termination, the Company notifies the Member of the reason for termination and the effective date of the termination via email.

Article 4. Additional Rules

Any matters that are not provided in this Terms of Service are subject to the relevant laws and regulations or the policies and rules prescribed by the Company and announced or notified to the Members (the “Special Terms of Service”). In the event of a conflict between the provisions of this Terms of Service and the Special Terms of Service, the provisions of the Special Terms of Service shall prevail.

CHAPTER 2. FORMATION OF SERVICE AGREEMENT

Article 5. Creation of KOKIRI Accounts

The service agreement between a Member and the Company is formed when a Member consents to this Terms of Service, provides personal information including username, profile picture, gender, date of birth, social media account pursuant to the sign-up procedure of the Service, and creates a KOKIRI Account subject to approval by the Company.

Article 6. Rejection or Delay of the Creation of KOKIRI Account

The Company may refuse the approval of a creation of a KOKIRI Account if any events fall under one of the following Subparagraphs.
1. Where a Member attempted to create a KOKIRI Account by using another person's personal information including social media accounts or emails;
2. Where a Member did not provide the Required Information or provided false information when creating a KOKIRI Account;
3. Where the creation of a KOKIRI Account violates relevant laws or regulations or other standards set by the Company including the Special Terms of Service;
4. Where three (3) years have not passed from the date the Company deleted a Member's KOKIRI account for any of the reasons stipulated in Subparagraphs 1) to 3);
5. Where 1 year has not passed from the date the Service was terminated in accordance with Article 13-1 of this Terms of Service.
The Company may take action to restrict a Member's KOKIRI Account if it is proved that the Member has created the account in violation of any of the Subparagraphs provided in Paragraph (1) above.
The Company may delay a Member's creation of a KOKIRI Account due to problems in equipment capacity in connection with the Services, technical difficulties, or administrative issues.

Article 7. Management of KOKIRI Accounts

Each Member can use only its/his/her KOKIRI account and shall not cause and permit others to use its/his/her account.
In place of using regular ID verification through mobile phone numbers or email addresses, the Company provides a linking log-in function in connection with existing social media account IDs including Google, Apple, and Facebook. Such account information will not be exposed to any other Members within the Service.
A Member can view or edit its/his/her information through a setting screen within the Services; provided, however, a Member may not be able to change some information required to provide or manage the Services. If the Member changes any information provided when signing up for use of the Services, the Member shall directly edit the information on the KOKIRI application or notify the Company by contacting its customer center.
The Company prohibits Members from using their usernames in the following ways: pretending to be another person; infringing the rights of another; causing disturbance in others by using a name that is vulgar, obscene, or disturbing.
Each Member is responsible for managing its/his/her own account and shall not provide any information regarding its/his/her account to a third party or cause a third party to use the Member's account.
The Company shall not be liable for any damages incurred by a Member's failure to edit its/his/her information within the Services.
When a Member learns that its/his/her account has been stolen or a third party is using it, the Member shall immediately give notice to the Company and follow the Company's instructions.
The Company shall not be liable for any damages a Member incurs due to any unauthorized use of the Member's account that is not attributable to the Company's fault.

CHAPTER 3. USE OF SERVICES

Article 8. Provision of Various Services and Updates of the Services

The Company provides various Services such as video streaming, educational content for learning Korean, images, and texts via smartphone application. Members can use the Services by downloading the KOKIRI application from Google Play or Apple App Store.
The Company may provide updates for the software required for the Services, to improve the quality of the Service.
The Company may display in the Services or directly send emails to Members a variety of information in connection with the use of the Services and other promotional materials.
Please note that when a Member uses the Services by connecting to the wireless Internet provided by a mobile carrier, the carrier of the Member may separately charge the Member data communication charges.

Article 9. Prohibited Uses

A Member shall not obstruct the provision of the Services through an improper method or access the Services via means other than the ones instructed by the Company. The following activities are also prohibited: collecting, using or disclosing information of other Members without proper authorization; using the Services for the Member's commercial profits; transmitting or posting information that is against public order and standards of decency or relevant laws and regulations.
The Company prohibits copying, modifying, distributing, selling, assigning, lending, providing as collateral the Services or any part of the software included in the Services without the Company's consent.
Members shall not assign, provide as gift or provide as collateral the right to use the Services or other contractual rights under the service agreement to a third party.
If a Member does not comply with relevant laws or regulations or the Company's Terms of Service or policies, the Company may investigate the Member's violation or temporarily or permanently suspend the Member's use of the Service.
Where there is no record that a Member has signed in or accessed to use the Services for the period as specified under the relevant laws or regulations, the Company may destroy or separately store the Member's information.

Article 10. Member-Generated Contents

Member-Generated Contents shall not contain the following:
- Any content that defames or denigrates, without justifiable cause, others;
- Any content that is against public order and standards of decency, such as profane language and contents that are obscene/lewd or violent;
- Any content that infringes intellectual property rights, including copyrights, of others;
- Any content that consistently causes fear or anxiety without justifiable cause;
- Any content that is against morality and social order.
If a Member breaches any of the aforementioned Subparagraphs, the Company may automatically delete such content on a temporary basis or restrict the use of the Services against such Member.
When a Member posts any contents within the Service, the Member hereby grants the Company a world-wide and indefinite license to use, store, alter, copy, publicly transmit, display, and distribute the content.

Article 11. Subscription Membership

Members can access additional content and features provided by the service by purchasing a subscription membership.
Subscription membership purchases are made with payment methods provided by Apple or Google Pay platforms. Afterward, the usage fee is automatically paid according to the cycle set at the time of purchase, and the use period is renewed automatically.
Before using the payment method, the member must follow the required procedures to proceed with payment through the set method.
If a member terminates their subscription membership, the subscription membership benefits will stay in effect until the next auto-renewal date.
Subscription memberships purchased using Apple or Google Pay platforms cannot be refunded by the company, and are subject to the platform's refund policy.
The company may take measures such as canceling, terminating, suspending, or limiting an individual subscription membership without prior notice in the event of a violation of these terms and conditions.
The company may create separate terms and conditions or policies as part of the content and operation of subscription membership.
The company may change the specific contents such as the type and price of subscription membership notified to the member in advance, or cancel a specific subscription membership.
If the member cannot use the previously purchased subscription membership through no fault of one's own when the company changes or abolishes the type and contents of subscription membership, the Company shall compensate the member accordingly for the unused portions.
The company may restrict minors from purchasing subscription memberships.
In the purchase process regardless of being a minor, if the member deceives the company to believe that he/she is an adult by falsely indicating that he/she is at an age of majority, the subscription membership purchase cannot be canceled unilaterally by the member or his/her guardian.
If the company is unable to provide the purchased subscription membership as agreed due to natural disasters or equivalent force majeure, it is exempted from bearing liability.
If the company fails to provide the purchased subscription membership as agreed due to reasons attributable to the member, it is exempted from bearing liability unless it engages in intentional or gross negligence.
The company is not responsible for disputes between members or between a member and third party through subscription membership.
Members shall not transfer their contractual status and rights and obligations as specified by these Terms and Conditions to another party.

Article 12. Temporary Suspension of Services

The Company may temporarily suspend to provide the Services for reasons such as maintenance inspection, replacement or breakdown of any equipment, technical difficulties such as interruption in communications, or administrative problems. In the event of suspension, the Company shall give prior notice under general principle, unless there exists an unavoidable circumstance, in which case, the Company may notify afterwards.

Article 13. Termination of the Services

The Company may terminate the service agreement with a Member without a prior notice in circumstances such as: the death of a Member; use of the Services by stealing another person's personal information; threatening or obstructing the provision of the Services; obstructing other Members' use; damaging the reputation of the Company; misrepresenting as the Company's employee; engaging in spamming; or failing to cure a breach despite the Company's request.
Once the service agreement is terminated, the Company deletes all data including the Member's information or postings, except for cases where the Company retains the Member's information in accordance with relevant laws or regulations or the Privacy Policy.

Article 14. Copyrights and Restricted Uses

The Company owns all intellectual property rights that the Company creates or provides, including the Company's trademarks, logos, service marks, and advertisements.
Members shall not make commercial use of the information they obtain by using the Services by copying, transmitting, publishing, distributing, and broadcasting without the prior consent of the Company.
Members shall not use the contents for purposes other than those intended at the time of receipt, without the consent of the Company.

Article 15. Obligations to Protect Personal Information

The Company makes every effort to protect all personal information including the registration information of Members pursuant to the relevant laws and regulations. Regarding the protection of Members' privacy rights, the Company follows the relevant laws and regulations and its Privacy Policy, which is publicly posted on the Company's mobile application and website so that Members may peruse it at any time.

CHAPTER 4. MISCELLANEOUS

Article 16. Indemnification

The Company may temporarily suspend the provision of the Services for maintenance inspection, replacement or breakdown of related equipment, technical difficulties, and administrative problems. In such a case, the Company shall give prior notice; provided, however, that under unavoidable circumstances, the Company may give notice after the suspension of the service.
The Company will compensate Members for any damages incurred by the Company's negligence in accordance with this Terms of Service and other relevant laws and regulations. The Company, however, shall not be liable for:
- Any damages incurred in natural disaster or any equivalent force majeure event;
- Service error due to reasons attributable to Members;
- Personal loss arising from access to or use of the Services that occurred without the Company's fault;
- Any loss originated from illegal access to or use of the Company's server by a third party;
- Any loss originated from transmission or spread of malware by a third party.

Article 17. Notification and Announcement

Members can submit their opinions to KOKIRI customer center at any time. The Company informs Members of any news by sending alerts to the application for a KOKIRI account or uploading posts in the Company's social media account. The announcement directed to all Members comes into effect when it is posted on the screen of the Service or announcement page for at least seven (7) days.
Members shall always update their contact information including their email address to receive the Company's notice.

Article 18. Governing Law and Jurisdiction

Any legal disputes between the Company and a Member shall be governed by the laws of the Republic of Korea.
The Company and the Member shall submit all disputes to the jurisdiction of the Seoul Central District Court in the Republic of Korea.

Effective Date: March 08, 2023

KOKIRI TERMS OF SERVICE