Article 1. Purpose
These terms and conditions are intended to clearly define the rights, obligations and responsibilities of the company and users, as well as other necessary matters, by establishing the basic aspects related to the use of Docswave services provided by Software in Life (hereinafter referred to as the “Company”).
Article 2. Definition of Terms
Definitions of words used in these terms and conditions are as follows.
- Docswave service: It refers to a service (hereinafter referred to as the ‘Service’) that supports users to use Docswave, a cloud-based HR, attendance, finance, and workflow integrated solution software that supports users’ work.
- User: Refers to an individual or company that has concluded a service use contract with the company in accordance with these terms and conditions and uses the services provided by the company.
- Master account: Refers to a member of the user's employee who represents the user, authorizing the member's service use and grants individual accounts, and refers to the user who is responsible for the management and operation of the member's service use.
- Administrator: Separate from the master account, it refers to a user who has management authority over the member's service use.
- Member: Refers to a user who has been approved as a member of the user by the administrator and uses the service within the scope permitted by the administrator.
- Data: Refers to the data entered by the user and stored in the company's server and all additional data generated through the combination, transformation, or re-computation of those data.
- License (free): A service that a user can use without paying a separate fee when using an individual service.
- License (paid): A service that the user pays a separate fee and uses when using individual services.
- Refers to an institution that approves payment for each payment method of the user and settles service charges for the company as an entity that acts on behalf of the payment institution's approval processing based on the user's payment information.
Definitions of terms used in these Terms and Conditions are as stipulated in the relevant laws and regulations, except for those specified above and, those issues not stipulated issues in the relevant laws and regulations are subject to general commercial practice.
Article 3. Publication and Revision of Terms and Conditions
- The contents of these terms and conditions will be posted on the service webpage (https://docswave.com/).
- The company may, if necessary, change these terms and conditions without violating related laws within the scope that does not violate relevant laws. If the terms and conditions are changed, the company will notify the changes from 7 days before the effective date. However, in the event of a change in important matters related to the rights or obligations of the user or the content unfavorable to the user, it is notified 30 days prior to the effective date and notified by e-mail address registered by the user or sending a notification message within the service.
- Although the company has clearly notified in accordance with article 3, paragraph 2 and said that, when there is no intention to reject from the date of notification to the effective date of the revised terms and conditions, it will be considered approved, if the member does not express any intention, the modified terms and conditions are deemed to have been approved. If a member does not agree to the revised terms and conditions, he may cancel the contract of use.
- The user has the right not to agree to the amended terms and conditions, and if the user does not agree to the amended terms, the user may terminate the use contract.
Article 4. Rules other than the Terms and Conditions
The matters and interpretation which are not stipulated in these Terms and Conditions will be subject to the Act on Promotion of Information and Communications Network Utilization and Information Protection, Act on Consumer Protection in Electronic Commerce, Act on Regulation of Terms and Conditions, and other related laws or commercial practices.
Article 5. Conclusion of use contract
- The contract of use is concluded when the user agrees to the terms and conditions, applies for use according to the form and procedure provided by the company, and the company approves the application.
- In principle, the company shall approve the use of the service in response to the user's application for use of the service. However, for requests that correspond to each of the following, the company may not approve or terminate the use agreement after the contract is signed.
- If the user has previously lost his/her qualification to use the service under these terms and conditions, except when the user has obtained approval from the company for re-subscription
- Use of a non-real name or use of name of another person
- Use of false information or does not provide the information required by the company
- For applicants under the age of 14
- If the user is expected to interfere with the normal provision of the service or interfere with the use of the service by other users
- If approval is not possible due to reasons attributable to the user or if the application is made in violation of all other stipulated matters
- Other cases where the company clearly acknowledges that there is a risk of violating social order and morals based on relevant laws and regulations.
- In case of it has not elapsed one year since the company terminated the contract in accordance with article 21
- In the application pursuant to the preceding paragraph 1, the company may request real-name verification and identity verification through a specialized agency, or request evidence, depending on the user type.
- The company may withhold approval if there is no room for service-related facilities or if there are technical or business problems.
- The user must provide truthful information without false facts to use the service, and the company may request additional information from the user if necessary, depending on the provided service product.
- When the company and the user make a separate contract for service use, the separate contract takes precedence over these terms and conditions.
Article 6. Collection of personal information
- The company collects the minimum personal information necessary for the establishment and execution of the contract of use by lawful and fair way.
- The company notifies the scope and purpose of collection in advance in the personal information processing policy in accordance with relevant laws and regulations.
- The company should take necessary measures to withdraw consent to the collection, use or provision of personal information collected by the company on the service screen.
Article 7. Obligations for Personal Information Protection
- The company will do its best to protect users' personal information in accordance with relevant laws, such as the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
Article 8. Provision and management of user information
- Users can view and modify user information at any time through the administrator page screen. However, the information about the master account required for service management cannot be modified. Also, the company is not responsible for any disadvantages caused by deletion of the master account or other issues.
- If the user has to provide information to the company under these terms and conditions or individual service terms, he must provide truthful and legal information, and will not protected against disadvantages caused by providing false or illegal information.
- The user is responsible for managing the user's account and will not allow it to be used by a third party. In addition, the company is not responsible for any disadvantages caused by users' unauthorized account sharing or negligence in its management.
- If the user recognizes that the account has been stolen or is being used by a third party, please notify the company, and the company will guide the member on how to prevent unauthorized use.
- Users can view and modify member information through their account or the website of the service. However, some information, such as account, domain, and other identification information required for the provision and management of the service may not be able to be modified, and identification procedures may be required for modification or addition. When there is a change in the contents notified by the user when applying for use, please correct it directly or notify the company through e-mail or customer center.
- Members can modify their information through their account or individual service website. However, in the case of information not permitted by the company or the manager, it cannot be modified.
- The company is not responsible for problems caused by the user's failure to correct user information in a timely manner.
Article 9. Notification to users
- Unless otherwise stipulated in these terms and conditions, the company may notify the user by using other communication means such as phone, e-mail, text message, etc. registered by the user. When a user submits or registers false e-mail address or mobile phone number information or does not correct or notify the company of the changed information, the company shall be deemed to have reached the user when the information submitted or registered by the user is sent in advance.
- In the case of notification to all users, the company may replace the notification in the preceding paragraph 1 by posting it on the company's website or system for more than 7 days.
Article 10. Obligations of the company
- The company does not engage in acts against relevant laws and these terms and conditions or contrary to good morals and strives to do its best to provide continuous and stable services.
- The company must have a security system to protect personal information (including credit information) so that users can safely use the service and disclose and comply with the personal information processing policy.
- The company does not disclose or distribute to a third party the user's personal information known in relation to the provision of the service without the user's consent. However, this is not the case in the case of due process in accordance with the provisions of the law, such as a request from a related authorization in accordance with the relevant laws and regulations.
- The company provides the services to users continuously and stably 24 hours a day for year and repairs or restores without delay in the event of a failure or loss of equipment. However, in case of unavoidable circumstances such as business or technical reasons, natural disasters or emergencies, the service may be temporarily or permanently suspended and, in this case, the company will notify you in advance or after through website posting, wire contact, text message, or e-mail.
- If the opinions or complaints raised by users are objectively recognized as reasonable, the company must deal with them promptly within a reasonable period. However, if the relevant process takes a long time, the user is informed of the reason for the delay through the bulletin board or e-mail, and the process and results will be communicated.
Article 11. Obligations of users
- In exchange for using the service, the user must pay the service usage fee set by the company within the specified date.
- Users must not do the following.
- Registering false information when applying for service use or changing service contents
- Unauthorized or fraudulent use of another person's information or name
- Collecting, storing, or disclosing other users' personal information without consent
- Changing the information posted by the company or providing it to a third party
- Unauthorized posting or e-mailing of data containing third-party code, files, or programs, or other acts that infringe on the intellectual property rights of the company or third parties
- Acts that cause damage the reputation or interfere business of the company or a third party
- Disclose messages on the service (includes junk mail, spam mail, lucky letters, and solicitations to join pyramid schemes.) or sending faxes, voices, mails, information that contain obscene, violent, slanderous content, or other content that promotes disobedience that goes against public order and morals (includes content that is harmful to children or infringes on the privacy of third parties.)
- Acts of using the service for profit outside the scope of the purpose of these terms and conditions without the consent of the company
- Acts of using or transmitting information that is not allowed to transmit or post under the relevant laws, such as sending software viruses and malicious codes designed for the purpose of interfering with or destroying the normal operation of computer software, hardware, and telecommunications equipment
- Any other illegal or unfair conduct
- Users cannot perform any acts or other similar, such as transferring, gifting, or providing the right to use the service or other status in the contract of use to other person without the express consent of the company.
- Users must regularly update security such as vaccine programs related to system operation so that they can be safely protected from unauthorized intruders, and the company will not be responsible for security accidents or damages caused by negligence.
- Users are bound to separately store various data such as e-mail contents in connection with the use of the service, and the company will not be responsible for information leakage, omission, or data loss caused by negligence.
- Users must comply with the relevant laws, the provisions of these Terms and Conditions, notices for use and service-related notices, notices from the company, etc., and must not engage in any other activity that interferes with the business of the company.
- Users will take charge of all civil and criminal responsibilities arising from illegal acts such as sending spam or phishing mail, messages, faxes, and voice (hereinafter referred to as “illegal spam”) or caused by non-compliance with related laws such as the Telecommunications Business Act. When the company confirms that the user has transmitted illegal spam, it can report it to the Korea Internet & Security Agency's Illegal Spam Response Center by attaching related materials.
Article 12. Complaint handling
- The company must prepare procedures to collect users' opinions and handle complaints in relation to personal information.
- The company must receive and handle customer complaints by phone, e-mail, or through on the service counter of the customer center, etc.
Article 13. Service provision
- The company posts the services that it provides to users on its website.
- The company can specify the number of accounts that a user can grant to individual members, and the administrator individually grants accounts to members within the number of accounts granted. However, the service use period including the service start time is applied equally to all accounts including the unallocated quantity.
- Users are responsible for managing and supervising certain members from sharing accounts approved by the administrator with other members. If an existing member leaves the company or wants to change the account as another member, the account can be reallocated.
- The company may conduct regular inspections if necessary for the provision of services, and the period of regular inspections is subject to the prior notice of the company.
- The company may provide some or all the services for free for a certain period if it is recognized by the company to handle consultations, provide demonstration services, or other cases.
- The company may provide a payment system so that users can pay service fees by linking the service and the payment system of an external payment agency. However, the company is exempted from liability in the event of damage to users due to reasons not attributable to the company, such as system failure of the payment agency.
Artículo 14. Cambio de servicio
- The company may change all or part of the services it provides according to the company's policy, operation, and technical needs when there is a good reason, and there is no separate compensation for users unless there are special provisions in the relevant laws.
- In the event of a change in the contents, method of use, and time of use of the service, the company notifies the user of the reason for the change, the contents of the service to be changed, and the date of provision, etc. before the change by way of Article 9 Notification to users.
Article 15. Restriction and Suspension of Service Use
- If a user breaches the obligations of these terms and conditions or interferes the normal operation of the service, the company may restrict or suspend the use of the service.
- Despite the preceding paragraph 1, in case of violation of related laws, such as illegal communication, hacking, distribution of malicious programs, and acts of exceeding access rights such as unauthorized identity use in violation of the Resident Registration Act, provision and operation obstruction of illegal programs in violation of the Copyright Act, illegal communication in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the company can immediately and permanently suspend use. In the event of suspension of service use pursuant to this section, all benefits and rights within the service will also be extinguished, and the company will not compensate for this.
- When the company becomes unable to provide services for reasons such as conversion of business items, abandonment of business, integration between companies, etc., the company can notify users in the manner specified in Article 9 'Notification to Users' and finish the service.
- If the user does not pay the fee charged by the company within the payment deadline, the use of the service by relevant user may be restricted, and the user is responsible for the user's data loss, etc.
Article 16. Calculation of service fee, etc.
- The service usage fee and payment method to be paid by the user in relation to the use of the service provided by the company shall be as posted on the website.
- The service usage fee includes the fees in each of the following subparagraphs, and specific billing standards are notified on the website.
- Docswave Premium: It is possible to pay at the monthly fee per member in advance or through post-payment. Detailed billing standards and cost policies will be posted on the website.
- In principle, the monthly service usage fee will be paid in post-payment system. However, the company may agree with the user to provide the service in advance before payment of the service fee.
- In principle, the annual service usage fee must be paid in advance. However, the company provides a certain discount rate according to the contract unit (1 year, 2-year, 3-year). The discount rate for the annual amount is posted on the website.
- After selecting the annual plan, in the case of withdrawal or function cancellation, the total amount of the discount during the period of use is applied as a penalty, and an additional 10% is applied to the remaining value of the remaining period.
- Enterprise: Individual consultation
- If a user adds a service while using the service, it will be charged on the number of active users as of the date added.
- The starting date of monthly service usage fee billing starts automatically on the 1st day of the following month at the end of the free use period and, on the billing day of each month, the registered credit or debit card will be billed regularly according to the number of active users at the time of the billing date. This is the time when an administrator opens an account, invites members to log in to the service on the login screen with an ID and password (hereinafter referred to as the “opened starting date”). However, if a separate billing base date is set in the contract of use, the relevant content takes precedence over these Terms and Conditions.
- The Docswave Premium service has a structure in which charged amount is charged when the service is continued for 2 days as of the opening date and, the customers who have converted to Docswave Premium within 2 days of the end of each month will be charged on the 1st day of the following month.
- Even if the billing standards are changed while using the service, the increased or decreased service usage fee will not be charged or refunded for the service usage fee for which payment has already been made.
- The company may provide promotional benefits such as price discounts and extension of the period of use according to the company's policies for the purpose of promoting sales and attracting users. When the user's service application does not meet the company's promotion provision conditions, the company may not provide benefits according to the promotion, and the company will not be responsible for it.
- If there is a separate agreement between the company and the user regarding the service fee, the agreement takes precedence over these Terms and Conditions.
Article 17. Payment of service fee, etc.
- The user can pay the service fee by any of the following methods.
- Deposit without bankbook (e-tax invoice issuance)
- Direct payment method by credit card
- Paypal payment
- Remittance of foreign currency
- The user can select the payment method within the scope set by the company when paying the fee for using the service. However, since the company does not directly provide payment method by electronic payment agency, the company is exempted from the payment method by electronic payment agency.
- If the usage date exceeds 2 days from the Docswave Premium service is opened, 1 month usage fee will be applied.
- Credit card automatic payment method refers to a method in which the service fee is automatically paid with a credit card approved by the user in advance for a certain period. Unless the user expresses intention to withdraw the automatic payment method according to the procedure set by the company, the contract of use is automatically renewed, and payment is made also.
- The user should be careful not to cause the following reasons when paying the service fee.
- The use of payment methods other than the user is forbidden.
- Users must be careful not to cause fraudulent use or forgery accidents due to leakage of passwords and certificates of payment methods. Users must be especially careful not to produce unsigned credit cards, negligence in management, illegal use of credit cards due to unauthorized lending, transfer, or provision of collateral, illegal cash loans, and counterfeiting.
- If the payment of the service fee is not normally made, the company may restrict the use of the service by the user, and if the company restricts the use of the service for reasons attributable to the user, such as non-payment of the service fee, the company is exempted from any damage caused to the user.
- The company may add, delete, or change payment methods depending on the circumstances of the company, and will notify in advance the reason and application date.
Article 18. Request for illegal usage fee
- If the user illegally evades the service fee, etc., an amount equivalent to 20 times the evaded amount will be charged.
- In case of non-payment due to the elapse of the payment date, the company can claim with the statutory interest rate up to 6% per year.
Article 19. Refund of service fee, etc.
- When there is overpayment or mis payment of service fee, the company will return the overpaid or mis paid service fee.
- Even if the service use is canceled mid-month during the service use period, the remaining amount will not be refunded separately.
- When the user cancels the payment after paying by credit card, the refund amount, method, and date to refund will be subject to the credit card policy and, the company will not be responsible for refund other than taking necessary measures to cancel the payment. However, this is not the case if the user's payment cancellation is intentional or negligent.
- Users may withdraw payment for objective reasons if there is an objection within 14 days of payment for service.
- When other users request payment withdrawal or refund while using the service with the amount received from promotions, etc., the remaining amount will be calculated based on the listed price of the service usage amount.
Article 20. Termination of contract
- When a user wants to cancel the contract of use, he must apply directly through the service or apply to the company through e-mail or telephone.
- The company will immediately terminate the use contract upon receipt of the cancellation request in accordance with the provisions of the preceding paragraph. However, this is not the case if there is a separate bond or debt relationship.
- The company may terminate the use contract without the user's consent when the user falls under any of the following subparagraphs, and the company notifies the user of the relevant fact. However, if the company recognizes that it is urgently necessary to terminate or if it is not possible to notify due to reasons attributable to the user, it may be replaced with a post-notification without any delay.
- When the user breaches these Terms and Conditions, including Article 11 ‘User’s Obligations’, and does not resolve the breach within a certain period.
- When the service is used for purposes other than the purpose of providing the service of the company or the service is arbitrarily leased to a third party.
- When the reason for suspension of use recurs within one year after the suspension of use according to the provisions of Article 15 ‘Restriction and Suspension of Service Use’
- If the user is unpaid for the usage fee required by the company, etc.
Article 21. Protection of services, etc.
- Users cannot copy Docswave without permission or intentionally or negligently disclose Docswave and service information to the outside.
- Even during or after the use contract is terminated, users cannot produce/sell solutions like Docswave, and circumventive production/sales through a third party is also considered as the user’s own actions.
- When the user breaches the preceding paragraphs 1 or 2, he shall be responsible for all civil and criminal legal responsibilities.
Article 22. Data retention and destruction
- Users must always back up and store data separately while using the service, and the company has no obligation to back up or provide users with data. The company will not be responsible for data leakage, omission, or loss caused by the user's negligence in the obligation of the preceding paragraph.
- When the company terminates the provision of the service due to the expiration of the service use period, cancellation, or termination of the service use contract, etc., the company preserves all information stored by the company, such as personal information of managers and members, user information, and data, for one year, and then destroys them, except when it is preserved in accordance with the relevant laws and personal information processing policy. However, the information to verify, necessary to prevent confusion and illegal use of the service, such as name, date of birth, gender, ID, contact information, and address, etc., will be kept for a certain period in accordance with the personal information processing policy even after the expiration of the period of use.
- Despite the paragraph 2 of this article, when a user separately requests data deletion, the company will immediately delete the data.
- The user's service fee payment information may be kept separately for a certain period in accordance with relevant laws, regardless of whether the user has canceled or not, for the purpose of checking the relevant history.
Article 23 Copyright of Posted data
- The intellectual property right for the service itself belongs to the company. However, the intellectual property rights of the data posted or registered by the user during using the service use belong to the user.
- Users cannot use the posted data commercially, such as processing and selling information obtained by using the service, and the user will be responsible for any problems arising from breach of this.
Article 24. Scope and Claims for Damages
- When a user fails to use the service due to reasons attributable to the company (hereinafter referred to as ‘disability’), compensation will be made according to the following standards. However, it is excluded when the service is normalized within 4 hours from the time when the user cannot use the service.
- The company shall compensate the user for damages if the failure time that occurred without prior notice due to reasons attributable to the company is more than 4 hours in a row, or if the user notifies the company of the occurrence of the failure or if the company becomes aware of it for more than 4 hours in a row
- If the same failure occurs within 2 hours after the service is normalized, it will be considered as a continuous failure.
- The company converts the number of days the user has not used the service into a sheet and pays it in double amount. However, the days when the service is not used for more than 4 consecutive hours are counted as 1 day. (Calculated as 0.1 USD per day based on 3 USD per person / month)
- For example, in the event of a failure during 5 hours = 1 day X number of users X 0.1 USD converted into sheets and paid double amount.
- In this article, it is considered a disability when it falls under any of the following subparagraphs.
- The case in which it is impossible to log in to the Docswave service due to reasons attributable to the company
- The case in which it is impossible to post or upload data to the service or view data stored on the service
- However, the cases notified in advance by the company will be exempt.
- If the company intentionally or negligently causes damage on the user, it will be responsible for compensating for the damage.
- If the user intentionally or negligently causes damage to the company, the user will be responsible for compensating the company for the damage.
- The company does not compensate for damages if the damage is caused by force majeure such as natural disasters or because of the user's intention or negligence.
- Claims for damages must be made by e-mail or phone, specifying the reason for the claim, the amount of the claim and the basis for calculation to the company.
- Users who are the subject of a claim for damages due to the accusation or filing of a lawsuit by the victim for causing damage to the company and a third party must actively cooperate with the request of the company and the investigation agency.
Artículo 25. Liability exemption
- When the service cannot be provided in any of the following cases, the company will not be responsible for any damage caused to the user or a third party due to this.
- In case of natural disaster or equivalent force majeure
- In case of circumstances caused by outside of the scope of the company's control, such as the user's system environment or the failure of the telecommunication company or hosting company
- In case of network hacking, etc., which is difficult to defend with the current security technology level
- When the planned service suspension schedule is notified in advance, such as system improvement or equipment expansion for efficient service provision
- In case of leakage of e-mail or data due to reasons attributable to the user or there is a problem in using the service
- When there is no intention or negligence of the company
- he company is exempt from liability for damages caused by information or data obtained by users through the service and for additional and commercial damages such as profits or losses incurred or expected from using the service.
- The company is not responsible for the content of data posted or transmitted by users.
- The company is not bound to intervene in transactions between users or between users and third parties through the service as a medium and is not responsible for compensation for damages.
- The company will not be responsible for the use of services provided free of charge unless there are special provisions in the relevant laws.
- Regardless of whether the user is using the data destroyed in accordance with Article 22 'Data retention and following' after the end of the service use and the data or other services that the user directly requested to be deleted, the company will not be responsible for the loss of data caused by negligence in the backup duty.
- The company will not be responsible for the information, data, facts, reliability, accuracy, etc. provided to users through the service.
Article 26. Mediation of Dispute
- These Terms and Conditions are stipulated and implemented by the laws of the Republic of Korea.
- For disputes arising between the company and users in relation to the use of the service, the court having jurisdiction over the location of the company's headquarters under the Civil Procedure Act shall be the agreed jurisdiction.
- When the user has address or residence abroad, litigation regarding disputes between the company and users shall be governed by the Seoul Central District Court, Republic of Korea, notwithstanding the preceding paragraph.