Terms of Use - Hyperconnect Enterprise

Terms of Use

Last Updated: September 28, 2021

Article 1 (Purpose)

The purpose of these terms of use (hereinafter referred to as “Terms of Use”) is to prescribe the overall matters such as rights, obligations, responsibilities, etc., apply to Hyperconnect Co., Ltd. (hereinafter referred to as “Hyperconnect”) and your company (hereinafter referred to as “Member Company”) in using Hyperconnect Enterprise Service provided by Hyperconnect.

Article 2 (Definition)

  1. Hyperconnect Enterprise Service shall mean video-call / streaming / chatting solution and platform services based on real-time media technology, provided by Hyperconnect in accordance with these Terms of Use (hereinafter referred to as “this Service”)
  2. Subject Site shall mean the website operated by Hyperconnect with an address of http://hce.io for providing this Service.
  3. Application shall collectively mean any application, program, website, etc., to provide services to the end-users produced by Member Company by using this Service. To avoid any doubt, Application shall not include any service or product including, but not limited to, an application, program, or website to be commercially used for the business of a third party entity or entities other than the Member Company for the benefit of such third party entity or entities.
  4. SDK shall mean the software module to be inserted in the application.
  5. Member Company Account shall mean the information required to login with the web console of this Service, and the account to be used mainly for the confirmation of API Key by Member Company, temporal suspension of the use of this Service, management of use volume of this Service, etc.
  6. APP ID shall mean the identification information to be granted on each individual application.
  7. API Key shall mean the information needed for the confirmation of the ownership of APP ID.

Article 3 (Notice of Terms of Use)

  1. These Terms of Use shall be valid when notified on the Subject Site, via email to Member Company, or by any other reasonable means.
  2. Hyperconnect may revise these Terms of Use to reflect any amendment to the legislations or modifications of this Service, and Hyperconnect shall notify such revision in accordance with the methods specified in paragraph 1 hereof. When these Terms of Use are revised, in principle, such revision shall be immediately applicable. Please note, however, that the specific time between the date of notice or announcement of such revision and the effective date on which such revision will enter into force may vary depending on the applicable laws and regulations of the country where this Service is provided. When the Member Company does not wish to consent to such modifications, the use of this Service shall be immediately suspended, whereas the continued use by the Member Company shall be deemed as consent to such modifications of these Terms of Use.
  3. Any unspecified matters in this agreement shall comply with pertinent legislation of the country where this Service is provided, and any unspecified matters in legislations shall comply with the related commercial practice.
  4. Any revisions or contents announced by Hyperconnect on the announcement board, Subject Site, or by any other reasonable methods due to the announcement, notice, guidelines, etc. of the pertinent government agencies, an amendment of legislation, or the changes in the government policies, in relation with these Terms of Use shall form an integral part of these Terms of Use.
  5. Hyperconnect may conclude a separate agreement with an individual Member Company. In the event of any conflict between these Terms of Use and such separate agreement, the separate agreement shall prevail to the extent of such conflict.

Article 4 (Commencement of the Use of Service and Making Payment)

  1. The use of this Service shall commence when the Member Company completes signing of the order form, consenting to these Terms of Use and making the payment in accordance with the terms of the order form.
  2. The Member Company is required to make payment in accordance with the terms and conditions of the order form and Terms of Use.

Article 5 (Use of Service)

  1. The Member Company shall comply with the policy applied within these Terms of Use and this Service and may use this Service to the extent permitted under this Terms of Use and pertinent laws and regulations. When there is a breach of Terms of Use by Member Company or there is a concern of such a breach, Hyperconnect may suspend the provision of this Service to Member Company temporarily or permanently at its discretion.
  2. In principle, this Service shall be operated for 24 hours per day, 365 days per year. However, there may be certain exceptions due to business or technical necessities. Hyperconnect may temporarily suspend this Service with regular system inspection, expansion of the system, or replacement of the system, etc. In the event of such suspension, Hyperconnect will post an announcement or notify Member Company in advance.
  3. Hyperconnect may suspend this Service without any prior notice due to the causes beyond the control of Hyperconnect, such as a national emergency, blackout, facility failure, network traffic congestions, etc., and Hyperconnect shall not take responsibility for any disadvantages incurred therefrom.

Article 6 (Provision of Service to a Third Party)

  1. Member Company may provide Member Company’s services or products (hereinafter referred to as “Service of the Member Company”) to an end-user through an application that is produced by Member Company using this Service. However, Member Company shall receive prior written consent from Hyperconnect in order to produce an application for the business of a third party entity or entities.
  2. The Service of the Member Company shall be operated in compliance with the relevant laws, and Hyperconnect shall not be held liable nor accountable for any claims, responsibilities, liabilities, damages, losses, etc., incurred due to the Service of the Member Company under any circumstances.
  3. Hyperconnect may suspend or terminate the provision of this Service to the Member Company in accordance with these Terms of Use, and will not be held liable nor accountable for any damages, liabilities, losses, etc., incurred as a result of that.

Article 7 (Management of the Member Company Account)

  1. For Member Company to use this Service, the account of Member Company shall be issued from Hyperconnect. The Member Company shall submit the account application form and provide it to Hyperconnect, and Hyperconnect shall review the application to determine whether to issue the account. Hyperconnect may request, if necessary, additional information from Member Company. If there is any fraudulent information in the application prepared by Member Company, Hyperconnect may refuse or cancel the issuance of the account of Member Company without prior notice.
  2. Member Company shall manage the password with strict policies for the security of the account of Member Company, and Member Company shall be responsible for any accidents caused by its negligence and shall exempt Hyperconnect from any responsibilities, claims, damages, losses, etc., to the extent permitted by relevant laws and regulations. If any damage or loss is incurred to Hyperconnect or any other Member Company therefrom, such damage or loss shall be compensated by the negligent Member Company. If Member Company becomes aware of any unauthorized use of its account, the Member Company shall notify Hyperconnect immediately.
  3. When Member Company applies for account issuance and API Key is issued, Member Company shall use this Service with the issued API Key. Member Company shall manage API Key with strict policies equivalent to standards applicable to the management of password in Paragraph 2 in this Article.
  4. When there is any change in the information in the application for account issuance, Member Company shall revise such information online or notify Hyperconnect of the changes via email at (epic-support@hpcnt.com). Hyperconnect will not be responsible for any disadvantages caused by the Member Company’s failure to reflect the changes in the abovementioned information accordingly.

Article 8 (Service Period)

  • The service period for this Service shall be determined by the order form. When there is no specific service period prescribed in the order form, the service period shall be one [1] year. In the event Member Company opted for an auto-renewal, the service period will be automatically renewed with another period unless Member Company expresses its intention to withdraw from the renewal of service. The withdrawal of renewal shall be notified to Hyperconnect in writing at least 15 days prior to the expiration date of service.
  • Article 9 (Termination of Service and Restrictions on Use of Service)

    1. When the service period expires without a renewal, this Service will be terminated on the expiration date.
    2. In the event Member Company wants to terminate the service agreement for use of this Service, it shall submit termination application through the Subject Site. Member Company shall be liable for any payment, expenses, fees, etc., incurred due to its use of this Service prior to suspension and/or termination of this Service.
    3. When Member Company engages in any of the following conduct, Hyperconnect may demand Member Company to take corrective measures within 7 days, and if Member Company fails to take such measures within such time, Hyperconnect may terminate this service agreement without additional notice or may suspend the provision of all or a part of this Service.
      • When it is confirmed that the information submitted for the issuance of Member Company Account is incomplete or incorrect
      • When it is confirmed that Member Company was not performing its duties and obligations hereunder in good faith
      • When there is reasonable doubt on an inappropriate use of this Service by Member Company
    4. Notwithstanding Paragraph 3 of this Article, if Member Company engages in any activities relevant to the following, Hyperconnect may terminate the service agreement for use of this Service or may suspend the provision of all or parts of this Service without prior notice.
      • When Member Company uses the name of a third party or applies for the issuance of an account with the information of a third party or fraudulent information
      • When the account information of Member Company such as APP ID, API Key, etc., is shared with a third party without prior consent of Hyperconnect
      • When the information provided by Hyperconnect is modified, duplicated, distributed, altered or used commercially without prior consent of Hyperconnect for the purposes other than producing Application
      • When any information is transmitted or posted in violation of the relevant laws or regulations that prohibit such transmission or posting
      • When the rights of Hyperconnect or a third party including, but not limited to, intellectual property rights are infringed
      • When the business of Hyperconnect or a third party interferes or the honor (reputation) of Hyperconnect or a third party is damaged (or defamed)
      • When a technical error of this Service is abused by Member Company
      • When terms and conditions for the license of a third party software applicaple to this Service are violated
      • When there is a significant change in the corporate governance due to causes including, without limitation, changes in the majority shareholder, merger, transfer of business, acquisition
      • When application for bankruptcy or liquidation is filed against Member Company, or if any procedures or process similar or equivalent to such is initiated
      • When an illegal or unfair use of this Service is confirmed

    Article 10 (Contents of Member Company)

    1. Member Company may upload, submit, store, transmit, and receive the contents of Member Company for which Member Company have legitimate rights (hereinafter referred to as “Contents of Member Company”) by using this Service.
    2. When Member Company uses, distributes and/or transmits Contents of Member Company through this Service in accordance with Paragraph 1 hereof, Member Company is deemed to have granted Hyperconnect with the license to use / store / duplicate / modify / produce derivative works of Contents of Member Company to the extent deemed necessary for developing new services, and operating, improving and promoting this Service. These licenses shall include Hyperconnect’s rights to promote this Service without any restrictions on the period or territory.
    3. Hyperconnect may use, store, duplicate and/or analyze Contents of Member Company to the necessary extent to provide useful functions in this Service to Member Company.
    4. When Member Company submits an opinion or suggestion concerning this Service, Hyperconnect may use such opinion or suggestion without any obligations to Member Company.
    5. In the event of a dispute, claim, legal proceedings, etc., against Hyperconnect by a third party based on an infringement of intellectual property rights, etc., of the third party by Contents of Member Company in connection with this Service, Member Company shall compensate all damages (including the lawyer fee) incurred by Hyperconnect and its employees and executives therefrom.

    Article 11 (Contents Connections among 3rd parties)

    1. Parts of this Service provide functions to perform connections of contents (including connecting a multiple number of third parties) between the third parties by Member Company. Hyperconnect does not confirm such contents or contents of connection. However, Hyperconnect may collect the information to confirm the connection method, connection quality, etc., to the necessary extent for providing this Service.
    2. Member Company shall have the sole responsibility for the infringement of the copyright of contents that may occur upon the connection among the third parties, and Hyperconnect will not take any responsibilities.

    Article 12 (Use of Information, etc., of Member Company and Protection)

    1. Hyperconnect may use Member Company’s company name, trademark, service mark, logo, and combinations thereof, to the necessary extent for promoting this Service, and Member Company shall consent to such use.
    2. Except for the cases listed in Paragraph 1 hereof, Hyperconnect may not use the information of Member Company (including personal information) for purposes not related to the provision of this Service.
    3. Hyperconnect shall protect the information of Member Company with the same level of protection as the protection of its own information.

    Article 13 (License)

    Hyperconnect grants the license for the use of SDK and sample code provided as a part of Service provided to Member Company issued with Member Company Account in accordance with the terms and conditions of these Terms of Use and order form with the following conditions.

    1. The license hereunder shall be non-exclusive, non-transferable and worldwide.
    2. Member Company shall use the SDK in the same state and form as it has been provided by Hyperconnect.
    3. Except there is prior written consent from Hyperconnect, Member Company may not duplicate, revise, distribute, sell, transfer, rent, lease, loan, or provide all or parts of SDK as collateral.
    4. Member Company shall not attempt to reverse-engineer the SDK or to extract, duplicate, disassemble, imitate, modify, etc., the source code.
    5. SDK and sample code of this Service of Hyperconnect may include software with open source licenses. Member Company shall use the SDK in compliance with the regulations of relevant open-source licenses. Member Company shall be solely responsible for a breach thereof. This agreement shall not restrict the right of the user based on each open source license and shall not grant any rights in substitution thereof. If there is any conflict between the contents of these Terms of Use herein and any of open source licenses, the relevant open source license shall prevail to the extent of the conflict.
    6. Member Company may use the API provided by Hyperconnect in the SDK of this Service in connection with the terms and conditions of these Terms of Use. However, Member Company shall not duplicate, store, distribute or transmit any results of the connections through the API.
    7. The revision and modification of the sample code are only allowed for the development of the Member Company’s Application.

    Article 14 (Attribution of Intellectual Property Rights)

    1. Member Company shall own the intellectual property rights on the program, website, application, etc., produced by Member Company using this Service excluding the parts in connection with this Service.
    2. When Member Company provides an opinion, suggestion, etc., for the service quality improvement or troubleshooting in relation with this Service, it shall also provide Hyperconnect with the rights to use the relevant contents therein.
    3. Member Company may use the registered trademark or copyright material of company only on special occasions with written consent by Hyperconnect. Notwithstanding the foregoing, Member Company shall comply with the requirements for using the registered trademark or copyright materials of Hyperconnect and it shall not modify or damage the trademark or the copyright materials.

    Article 15 (Service update and termination)

    1. Hyperconnect may add or delete the function at any time for the improvement of this Service.
    2. Hyperconnect may temporarily suspend or completely terminate this Service at any time depending on the managerial environment; provided, however, that the suspension of this Service or configuration of the upper limit shall be notified to the company in advance in such case. Member Company shall be liable for any payment, expenses, fees, etc., incurred due to its use of this Service prior to suspension and/or termination of this Service.

    Article 16 (Indemnification)

    1. Hyperconnect does not represent, warrant or guarantee the contents, function, reliability, and availability of this Service or its capacity to respond to the request of Member Company, etc., and shall not be liable for, including, without limitation, any losses, damages, etc., therefrom.
    2. Hyperconnect will not be liable for any of the following damages caused without intention or material mistake of Hyperconnect including, but not limited to lost profits, lost income, financial damages, indirect damages, special damages, consequential damages, disciplinary damages, punitive damages, or any kinds of losses and damages.
      • Any damages or losses incurred while using this Service for free
      • When this Service cannot be provided due to a natural disaster or equivalent force majeure events (including a blackout, failure of the overall facilities, traffic congestion to cause difficulties on the normal service use, any situation caused by administrative order in relation to COVID-19 Virus Disinfection, etc.)
      • Any damages incurred from a cause attributable to Member Company while using this Service
      • Any damages incurred from the suspension or failure of the provision of telecommunication service by a key telecommunications business operator
      • General issues caused by the terminal system of Member Company or terminal system of a third party using Member Company’s Application
      • Any issues caused by the network environment
      • Any damages incurred due to the negligence of Member Company in security management
      • Any damages caused by a third party by illegally accessing or using Member Company’s server
      • Any damages due to the disturbance of transmission to or from the server of Member Company caused by a third party
      • Any damages due to the transmission or distribution of malicious software programs by a third party
    3. In the event of an occurrence of loss to Member Company due to the cause attributable to Hyperconnect despite Member Company’s legitimate use of this Service in accordance with these Terms of Use, the liabilities of Hyperconnect shall be limited to the amount paid to Hyperconnect by Member Company for the use of this Service
    4. Hyperconnect shall not have any obligation to intervene with any dispute that arose between Member Company and a third party in connection with this Service, and shall not be liable for any damages therefrom. Member Company shall indemnify, hold harmless and defend Hyperconnect from and against any claims that may be asserted by the third party caused by or resulting from the dispute between the third party and Member Company with Member Company’s costs, expenses, and responsibilities.
    5. When the information listed upon applying for the issuance of Member Company Account is changed, Member Company shall immediately notify such changes to Hyperconnect. Hyperconnect will not be liable for any losses, damages, etc., incurred by Member Company due to its negligence.
    6. This Service may not be operated normally in accordance with the use environment, etc. of your application or there might be an unforeseen error by Hyperconnect, and Hyperconnect will not be liable for the losses, damages, etc., incurred to Member Company due to the out of service of this Service.

    Article 17 (Prohibition of the transfer of rights and obligations)

    Member Company may not transfer or dispose of any rights and obligations of Member Company in relation to the use of this Service to a third party without prior written consent of Hyperconnect.

    Article 18 (Settlement of disputes)

    1. The law of Korea shall apply to any disputes that arose in relation to this Service or the interpretation of these Terms of Use.
    2. In the event of a dispute between Hyperconnect and Member Company in relation to the use of this Service or the interpretation of these Terms of Use arise, both parties shall sincerely discuss in good faith to resolve such dispute. If both parties fail to resolve such dispute, Seoul Central District Court shall be the exclusive competent court of the first trial.

    Addendum

    This agreement shall be applied as of Oct 05, 2021.

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