The purpose of these Terms of Use is to set forth the rights, obligations, and responsibilities between the Company and the User with respect to the use of the Services provided by Nuttycode Inc. (the “Company”).
Definitions
“Service” refers to the Service and all related services available to the User regardless of the device on which it is installed.
“Member” refers to a person who accesses the Company’s services and concludes a use contract in accordance with these Terms and Conditions and is assigned an ID and can continuously use the services provided by the Company.
“User” refers to both members and non-members who use the Service.
“User Content” refers to content created by you, including but not limited to photos, videos, audio, text, graphics, or other materials.
“Service Content” refers to all materials made available by Company through the Services, including, but not limited to, text, graphics, images, code, artwork, designs, icons, photos, videos, and other materials.
“Paid Services” refers to the various online digital content provided by the Company for a fee on the Service, as well as the related services that accompany the use of such content, and any restrictions on the Service that have been lifted.
“Market” refers to an application market, such as the App Store or Play Store, where you can download the Services and purchase Paid Services; “Login Account” refers to an account on a third-party service, such as Apple or Google, used to log into the Services.
Contract with the Company
You agree to be governed by the laws of the Republic of Korea in connection with the use of the Service.
The Company collects and uses personal information only for the purposes and scope agreed to by the Member in order to provide a smooth service, and manages it safely in accordance with the relevant laws and regulations on personal information protection. Details of the Company’s processing of personal information about users and members can be found in the Privacy Policy. By using the Services, you consent to the Company’s collection and use of information as described in the Privacy Policy, including the transfer of such information for storage, processing, and use in the Republic of Korea and other countries.
As part of providing the Services, Company may send certain communications, such as service announcements and administrative messages, which are considered part of the Services and your account with the Services, and you may not opt out of receiving them.
Creation of an Account
The first time a User attempts to log in to the Service using an account, the sign-up process is automatic. At that time, the Company will receive a user identifier and e-mail address (or a forwarding address that has been rendered non-identifiable) from the Provider, and the Company will automatically generate and assign a username and nickname to the Member.
The Company may not approve the following applications.
– If the applicant has previously been disqualified from membership under these Terms and Conditions
– The applicant has used another person’s login account information
– If the application cannot be approved due to reasons attributable to the user, or if the application is for other stipulated matters.
You are responsible for keeping your Login Account secure and shall be liable to the Company for all activities that occur under your Login Account.
User Content
The Service consists of interactive features and elements that allow you to create, post, transmit and store User Content. You are responsible for all data usage charges incurred as a result of your use of the Service. You are solely responsible for your User Content and any claims arising therefrom, and you agree that the Company shall have no responsibility or liability for any User Content or any claims arising therefrom.
Company has the right and complete discretion, but not the obligation, to review, verify and remove any User Content.
You retain all ownership rights in your User Content. The Company may use, reproduce, alter, adapt, create derivative works from, distribute, and promote submitted User Content with your consent.
Service Content
In order to provide Users with a varied and rich Service experience, the Company may provide content from the Company or from other individuals, companies, or collaborations. Unless otherwise noted, the Service Content is protected by copyright, trademark, design rights, trade dress, patent and other intellectual property laws. Any unauthorized use of the Service Content may violate such laws and these Terms.
Except as expressly provided in these Terms, Company does not grant any express or implied rights to use the Service Content. You agree not to copy, reproduce, republish, modify, distribute, license, or in any way exploit the Service Content, the Service, or related software, in whole or in part, except as expressly set forth in these Terms. You are hereby granted a limited, non-exclusive, non-sublicensable license to access and use the Service and the Service Content. This license is revocable at any time and is subject to these Terms.
Any use of the Service or Service Content other than as specifically permitted in these Terms without the prior written permission of the Company is strictly prohibited and will result in a termination of your license to use the Service under these Terms.
Prohibited Activities
In addition to the restrictions set forth in these Terms, the following activities are prohibited.
– Use the Services for any purpose that is unlawful, outside the scope of its intended use, or otherwise prohibited by these Terms or any third-party terms governing the Feature Services, and encourage or facilitate any such activity
– Undermine the security of the Services
– Use or attempt to use another person’s user account without authorization
– Violate any right of publicity, right of privacy, right of information, patent, trademark, copyright, or other intellectual property or proprietary right by unauthorized use of another’s photograph or work
– Buy, sell, rent, lease, or otherwise offer Service accounts for consideration
– Develop third-party applications that interact with User Content or the Services without the Company’s prior written consent.
In addition, you must comply with any third party terms and conditions, including the Apple App Store Terms of Service and the Google Play Store Terms of Service, that apply to your use of the Services or your posting of reviews of the Services. The Company may delete your account in response to a demand for action for violation of these third party terms.
Copyright
Both the Company and its users must respect the intellectual property rights of others. The Company will respond to properly notified claims of alleged copyright infringement in accordance with applicable law.
If you believe that your content has been copied in a way that constitutes copyright infringement, you may be able to control the use or access by others directly through the management functions provided in the Service, such as content removal and visibility settings, in accordance with applicable laws, including copyright laws, and may request and receive action from the Company.
The Company reserves the right to delete any content suspected of copyright infringement without prior notice and shall not be liable to the user in this case. The Company may also suspend the user’s account if such a situation is repeated.
Company’s Rights
All right, title and interest in and to the Service, except for User Content, are the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and other countries. Nothing in these Terms grants you any right to use any trade names or copyrights, logos, or other proprietary marks of the Company and the Service. Any comments or suggestions you provide regarding the Company or the Service are entirely voluntary and the Company may use such comments or suggestions as it sees fit, without obligation.
The Company may add, change, or remove features of the Service and may discontinue or suspend the Service at any time. The Company may also discontinue providing the Service to you or add restrictions or establish new restrictions on the Service at any time.
Termination
You may stop using the Service at any time. You may request termination of your account at any time and the Company will process your request immediately upon receipt.
If you have paid any fees for the Service prior to termination, such fees will be refunded as provided by applicable law. However, if you terminate your account without requesting a refund, you must fulfill all necessary refund procedures before termination, as refunds may be difficult to obtain due to deletion of related records, etc. Termination of your account does not relieve you of any payment obligations that have already accrued.
Paid Services
The Company displays on the Services so that users can understand the terms of the transaction before purchasing the Paid Services and make transactions without mistake or misunderstanding.
– Name or title of the paid service
– Name, address, contact information, etc. of the paid service provider entity
– Specific contents of the paid service, including the content, method of use, fee, and other terms of use.
– The deadline, method and effect of withdrawal of subscription, matters related to refunds, compensation for consumer damages, complaint handling, and dispute handling.
The period of use of the paid service shall be in accordance with the period of use notified to the user when purchasing the paid service. The Company may change the specific contents of the paid services, such as the type and price of the paid services, or abolish specific paid services with prior notice to the user. If the Company changes or abolishes a paid service and the user is unable to use the previously purchased paid service according to the terms and conditions set at the time of purchase without any fault of his/her own, the Company shall provide appropriate compensation for such unavailability.
The contract for use of the Paid Service shall be established by the Member agreeing to these Terms and Conditions and purchasing the Paid Service. The Company may refuse or cancel the establishment of the paid service use contract by not approving the member’s purchase application, reserving the approval, or later canceling the approval in the following cases.
– In the case of using another person’s name or login account
– If a minor under the age of 19 applies without the consent of a legal representative.
– If the payment has not actually been made or is likely to be made.
– If you are a member in violation of these Terms or a member under restriction of use
– In case of insufficient service-related facilities or technical or business problems.
– In the event that approving any other application for use violates relevant laws and regulations, or violates social well-being, order and morals, or the Company’s relevant terms and conditions.
The issuance or notification of the purchase contents of paid services purchased through the market is subject to the policy of the market.
Withdrawal of Paid Services, etc.
In accordance with the Act on Consumer Protection in Electronic Commerce, etc. (hereinafter referred to as the ‘Act on Electronic Commerce’), the user may withdraw the subscription and cancel the contract (hereinafter referred to as ‘subscription withdrawal, etc.’) within 7 days from the time the user receives the contents of the contract or receives the paid service. However, if the content of the paid service provided by the Company to the User is different from the content of the displayed advertisement or is performed differently from the contract, the User may withdraw the subscription within 3 months from the date of receiving the paid service and within 30 days from the date of knowing or being able to know the fact.
Notwithstanding the above, withdrawal of subscription is not possible if the user has already used the purchased paid service or if the provision of digital contents pursuant to Article 2 (5) of the Basic Act on Promotion of Cultural Industries has begun, and the Company shall clearly notify the user of the reason for such impossibility when purchasing the paid service. If the user withdraws the subscription, the goods purchased by the user shall be returned in accordance with the Electronic Commerce Act, and the Company shall proceed with the refund procedure in accordance with the Electronic Commerce Act, and other matters related to the withdrawal of the subscription under this Article shall be regulated and processed in accordance with the Electronic Commerce Act. In the case of payment through the market, the Company shall request the market to take relevant measures under the E-Commerce Act, such as a request to suspend or cancel payment, in accordance with the market’s policy. However, please refer to the market’s policy regarding the market’s actions in response to the Company’s request as described above.
The Company will take relevant measures under the E-Commerce Act, such as requesting the suspension or cancellation of payments to the market for market payments. However, please refer to the market’s policy regarding the market’s actions in response to the Company’s request as described above.
No Assignment
The User shall not transfer the contractual status and rights and obligations arising under these Terms to any other person or engage in any disposition such as making it the object of a lien.
Limitation of the Company’s Liability
The views expressed through the Services do not necessarily represent the views of the Company. The Company does not approve or endorse any particular content posted by users. Certain content from third parties may be inaccurately categorized, rated, or distinguished.
Except where prohibited by law, in no event shall company or any of its parties be liable for any direct, indirect, incidental, or consequential damages that result from the use of, or the inability to use, the services, the performance of the services or the materials available on or through the services, even if company has been advised of the possibility of such damages. you assume sole responsibility for your use of the services. If you are dissatisfied with the Service and any Content, your sole remedy is to discontinue use of the Service.
The Company shall be exempted from liability for providing paid services if the Company is unable to provide paid services due to changes in relevant laws, natural disasters, or equivalent force majeure. In addition, the Company shall not be liable for any failure to use the Services and paid services due to reasons attributable to the User, or for any disputes arising between members or between members and third parties through the Services and paid services, unless the Company is responsible for such failure.
Dispute Resolution with the Company
Disputes between the Company and the User shall have jurisdiction in the Republic of Korea unless otherwise agreed in writing.
General Provisions
You acknowledge that the Service and your use and handling of the Service are subject to national and international laws, restrictions and regulations governing the import, export and use of the Service and Service Content. You agree to comply with all such laws, restrictions and regulations.
The English version of this Agreement will be used to interpret this Agreement, and if any part of these Terms is held by a court to be invalid or unenforceable, the remainder of these Terms will continue to apply. In addition, the Company’s failure to enforce these Terms against you, or any delay in enforcing them, will not be deemed a waiver of the Company’s right to enforce them.
If the Company revises the Terms, it will notify you through the Service at least 7 days prior to the effective date, specifying the effective date, changes, and reasons. However, if the change is legally disadvantageous to the user, the same shall be notified through the service 30 days prior to the effective date, and if individual notification is possible through the user’s email, etc. If the company announces or notifies the revision of the terms and conditions and the user does not indicate his/her intention to refuse before the effective date, the user is deemed to have agreed to the revised terms and conditions.
Other consumer damage compensation and complaint handling, etc.
If any damage is caused by the Company’s intention or negligence that prevents the user from using the purchased paid service normally, the Company shall do its best to resolve it and provide appropriate compensation for such damage.
The Company operates the following channels to resolve consumer issues such as damage compensation, complaint handling and dispute handling, and refunds.
– Customer Support: support@nuttyco.de
In the event that the Company is unable to provide paid services for reasons such as the conversion of business items, abandonment of business, or integration between companies, the Company shall notify the User in the manner set forth in these Terms and Conditions and compensate the User in accordance with the terms originally proposed by the Company or as stipulated by relevant laws and regulations.
This Agreement shall apply from January 1, 2024.