Terms and conditions of service (including consent to receive PUSH notifications)
These Terms and Conditions are intended to determine the rights, obligations, and all necessary matters between the "Company" and the "User" in connection with the use of "Services" provided by Hermestong Co., Ltd. (hereinafter referred to as "Company").

The "Service" includes the ability to make payments for certain products. In order to prevent excessive unrecognized payments, “Open Market Operators” are implementing a rate cap, and the upper limit of each open market is in accordance with the policy of “Open Market Operators”. "Users" should set a payment password before using this "Service" to prevent unrecognized payments that may occur one by one. These terms and conditions are as follows:

 

Article 1 (Purpose)

The purpose of this Agreement is to define and state the rights, obligations, responsibilities, and other necessary matters between "Company" and "User" in relation to "Services" provided by Hermestong Co., Ltd. (hereinafter referred to as "Company") to "User" through wired and wireless networks.

 

Article 2 (Definition of Terms)

1. The definitions of terms used in these Terms and Conditions are as follows.

A. The term "Company" means Hermestong Co., Ltd. and its affiliated companies, which provide "Services" through wired and wireless networks, etc.

B. The term "Service" means any mobile service, customer support, information provision, and any other incidental service provided to "Users" through the website, mobile site, mobile application, or other platform from the "Company".

C. "User" refers to a customer who enters into a contract of use with "Company" in accordance with these terms and conditions and uses "Services" provided by "Company". Unless otherwise noted, the "Company" shall consider the holder of a smartphone, tablet PC, or other "User" using the "Service" as a "User".

D. The term "Open Market" means an application such as the Apple App Store, Google Play Store, Amazon App Store, and Galaxy Store, or a mail order brokerage site or application that brokers the sale of "Paid Services."

E. The term "“Open Market Operators”" means a business operator who operates an "open market".

F. The term "paid service" means various digital paid contents and services provided by the "Company" for a fee.

2. The definition of terms used in these Terms and Conditions shall be in accordance with relevant laws and other general business practices, except as provided in each subparagraph of paragraph (1).

 

Article 3 (Provision of Company Information, etc.)
The "Company" posts the following information on the application download/sales page in the "Open Market", on the "Company" website (www.alphatong.com), or on the "Service" settings and help areas designated by the "Company" so that "Users" can easily understand this:

In addition, the Privacy Policy and Terms and conditions can also be viewed by "Users" on our website or on our app store descriptions section including the following:

-Company name

-The address of the business office (including the address of the place where the issues of the “Users” can be handled) and the e-mail address.

-Privacy Policy

-Terms and Conditions of Service

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Article 4 (Explanation and revision of the terms and conditions)

1. "Company" notifies "User" by posting the contents of these Terms and Conditions in the mobile application and "Company" website.

2. "Company" shall fill out the contents of the terms and conditions so that those who wish to use "Service" (hereinafter referred to as "User") can easily understand the contents of the terms and conditions, provide a separate connection screen or pop-up screen, and obtain the consent of the user through the “Open Market” settings.

3. If necessary, the "Company" may change the terms and conditions within the scope of the "Act on Consumer Protection in E-Commerce, Regulation of Terms, Promotion of Information and Communication Network, Information Industry Promotion Act, and other relevant laws, guidelines, notices, policy changes of "open market", system changes, etc.

4. If "Company" changes the terms and conditions, it shall specify the contents and application date of the changed terms and conditions and use e-mail, note, LMS/SMS, notification message, other electronic means, or notice column of "Company" website or "Notice" from 7 days before the application date (30 days before the application).

5. If the "User" disagrees with the application of the revised terms and conditions, the "Company" or "User" may terminate the "service" use contract.

 

Article 5 (Criteria outside the terms and conditions)

Matters not prescribed in this Agreement and the interpretation of this Agreement shall be governed by the Consumer Protection Act in Electronic Commerce, the Regulation of Terms and Conditions, the Information and Communication Network Use Promotion and Information Protection Act, etc. from the Republic of Korea.

 

Article 6 (Application for use and method)

1. A person who intends to use the "service" provided by the "Company" (hereinafter referred to as "user") shall read these terms and conditions and agree to the contents thereof and apply for use according to the methods and procedures set by the Company.

2. "Users" must apply for use with their true information. If you falsely state your real name or identification information or steal other people's personal information, you cannot claim the right of a "User" under this agreement, and the "Company" may cancel or terminate the contract without a refund.

3. "Users" must apply for use using mobile devices such as their own smart devices such as smart phones and tablet PCs. If you apply for use by stealing a mobile device owned by another person, there may be consequences such as restrictions of “Services" or termination of the "Service" usage records. In particular, if it is confirmed that a mobile device owned by another person has been stolen in the future, the use of the "Service" to that device may be restricted, and the "Company" may cancel or terminate the contract without refund.

 

Article 7 (Acceptance and restriction of application for use)

1. If the "User" agrees to the contents of these terms and conditions, the "Company" accepts the application for use of "Service" in the order in which the application is received, unless there is a good reason to refuse the application,

2. The "Company" may not consent to any of the following applications for use:

A. Where an application for use is filed in violation of Article 6.

B. If the applicant has previously lost his/her qualification as a "User" under these terms and conditions or has a limited record.

C. If there is a record of payment or payment by unauthorized use or theft of a third party's credit card, wired/wireless phone,
bank account, etc.

D. Where an application for use is filed for the purpose of illegal acts prohibited by laws and regulations.

E. Where consent is deemed inappropriate per Articles 1 through 6.

3. In any of the following cases, the Company may postpone mobile application approval until any of the following reasons is resolved:

A. If the Company is having issues with its physical facilities or have technical difficulties;

B. In the event of a service failure or a service fee payment method failure;

C. In a case where it is difficult to approve the application for use due to issues with any of the above articles.

 

Article 8 (Provision and Change of User Information)

1. "User" shall provide true information if it is necessary to provide information to "Company" under these terms and conditions and shall not be protected from issues or consequences caused by intentional falsification of “User” information.

2. "Users" can modify the personal information they provide. However, personal information such as account information and smart device unique identity numbers necessary for the continual management of "service" may not be modified.

3. When the information provided to the "Company" is changed, the "User" shall be modified to the changed information through the management page of the "Service" or the "Company" website, customer center, etc. without delay. The "Company" shall not be liable for any issues  arising from not informing the "Company" of the changes.

 

Article 9 (Protection and Management of Personal Information)

1. "Company" shall endeavor to protect the personal information of "Users" as stated by relevant laws and regulations. Regarding the protection and use of "Users" personal information, the relevant laws and regulations and the personal information processing policy separately notified by the "Company" will be applied.

2. The "Company" shall not be responsible for all information, including the account information of the "User" exposed due to the reasons attributable to the "User".

3. However, if the "User" sets the validity period of personal information differently according to the procedure set by the "Company", the "Company" shall treat the account of the "User" as a dormant account according to the set period.

 

Article 10 (Point Service)

1. The Company can provide points as a Service. "Point" is a service that is free of charge to Users according to the Company's policy as compensation for the use of a specific service.

2. Users can exchange points received from the “Service” as determined by the Company and purchase digital items as part of the “Service”.

3. Any form of points cannot be converted into cash or refunded as cash.

4. The points will be removed if it falls under any of the following:

- When there is a breach in the Terms and Conditions by the “User” per any of the Articles mentioned above

5. Users can only use points in their personal “User” account

6. If a User acquires points unfairly or illegally, the User cannot use the points and the Company can remove the points and/or discontinue “Services” for the “User”.
7. The Company may terminate the point service for management, technical, or operational reasons, and will notify the relevant information in advance on the website at least 30 days in advance. In this case, points that have not been used by the pre-announced service end date will be removed.

 

Article 11 (Responsibilities of the "Company")

1. The "Company" complies with the relevant laws and regulations, and faithfully performs the exercise of rights and responsibilities stated by these Terms and Conditions.

2. The "Company" shall have a security system to protect personal information so that "Users" can use "Services" safely.

3. "Company" shall not disclose or provide personal information of the "User" to a third party except as stated by these Terms and Conditions and Privacy Policy.

4. The "Company" will strive to provide a continuous and stable "Service". If there are damages to the “Company” facilities or data errors, the “Company” will do their best to repair it without delay unless there are unavoidable reasons such as natural disasters, emergencies, and faults that cannot be solved by current technology.

 

Article 12 (Responsibilities of the "User")

1. A "User" shall not do the following:

A. When applying for or changing the information of a "User", the “User” must not steal or impersonate another person’s information;

B. Obstructing the use of "Services" to others;

C. Intentionally obstructing the normal provision of "Service" by "Company";

D. Producing, distributing, using, or advertising computer programs, devices or devices not provided or approved by the "Company";

E. Use of computer programs or devices not provided or approved by the "Company" for the purpose of disabling technical protective measures of the "Service" or hindering normal “Company” operations;

F. Exploiting bugs in the "Service" or acquiring records, items, etc. by any abnormal means;

G. The act of conducting profit-making activities using "Services" without prior consent from the "Company"

H. Trading a "User" account with another person or trading cash, game points, items, etc. in the account with another person.

I. Reproducing information obtained through "Services" for purposes other than the proper use of "Services" without the prior consent of the "Company", using it for publication, broadcasting, etc., or providing it to a third party.

J. An act that is objectively judged to be related to a crime.

K. Other acts that violate relevant laws and regulations

2. The "User" must check and comply with these terms and conditions, operation policies, notices, etc.

3. The "User" shall not issue or lend mobile phones, tablet PCs, or other mobile devices owned by "User" himself/herself to others when using "Service" and shall manage them so as not to be lost. The "Company" is not responsible for any problems arising from the delivery, rental, or loss of their own device.

4. The "User" shall set up the payment password function provided by each "open market" to prevent fraudulent payments.

5. The "Company" is not responsible for any problems caused by not setting up the payment password function.

6. The "Company" may issue "Users" an ID combined with random numbers and letters to use "Services" in consideration of the characteristics of devices using "Services" and for the convenience of the "Users".

7. The “User” is responsible for the management of their user ID and password.

8. The “User” is responsible for any negligence in use or illegal use by a third party caused by the user ID and password registered by the “User”.

 

Article 13 (Provision and Interruption of Services, etc.)

1. "Service" is provided for a fixed period of time in accordance with the "Company" business policy. (In principle, it shall be provided 24 hours a day, 7 days a year unless otherwise notified.) However, if the "service" provision time, etc. is to be limited as prescribed by the relevant laws, the "Company" may limit or change the "service" provision time without prior notice and shall not be held responsible for this.

2. Notwithstanding paragraph (1), "service" may not be provided for a certain period of time in any of the following cases, and "Company" is not obligated to provide "services" during these periods:

- When it is necessary for maintenance, replacement, regular inspection, or modification of the contents of "Services" of information and facilities, such as computers;

- When it is necessary to cope with electronic infringement accidents such as hacking, communication accidents, abnormal usage behavior of "Users", and unexpected instability of "Services".

- If the relevant legislation prohibits the provision of "Services" at any given time or in any manner;

- When it is impossible to provide normal "Services" due to natural disasters, emergencies, power outages, disruption of "service" facilities, or runaway use of "service";

- In the case of serious management needs of the "Company", such as division of the "Company", merger, transfer of business, shutdown of the business, deterioration of profits of the relevant "service", etc.;

3. The "Company" may modify, suspend, or change any or all of the "Services" provided free of charge according to the policy and operational needs of the "Company". Unless otherwise expressly provided for in the relevant statutes, the "Company" shall not compensate the "User" for damages arising from loss of expected revenue, loss of revenue not directly provided by the "Company" or other modification, interruption, or alteration of the "Service" provided free of charge.

 

Article 14 (Provision of Information)

"Company" displays the following information in the settings option of the "Service”, the “Company” homepage, and the download/sales page of the application in "Open Markets" in an easy way for "Users" to understand.

1. Company name

2. Name of “Service”

3. Usage rating (depending on the usage rating policy of each open market)

4. Date of production (if updated, date of updates)

5. Other matters deemed necessary by the Company

 

Article 15 (Publication of advertisements)

1. The "Company" may provide advertisements through the "Service" screen, homepage, e-mail, LMS/SMS, and push notification regarding the updates and operations of the "Services".

2. "Company" may post advertisements through banners, PPLs, and free charging stations (off-wall) in "Service".

3. The advertisement may be linked to the area provided by a third party, and if it is linked to a page provided by a third party, the page is not a "service" area of the "Company", so the "Company" does not guarantee the reliability, stability, etc. of the page and is not liable for any damages to the "Users".

 

Article 16 (Products)

1. "Company" may provide an additional "service" (hereinafter referred to as a "Free Service") that "Users" can use without paying any additional fees and "Services" (hereinafter referred to as "Paid Service") that "Users" can use with fees.

2. "Company" may discount or adjust the prices of the existing "Paid Services" without prior notice, change of content, composition, etc. of "Paid Services", or launch new "Paid Services", and the "Company" shall not be liable for any adjustments of the fees related to the addition or changes made to "Paid Services".

3. The contract for the use of "Paid Services" is established by expressing your intention to agree to these terms and conditions (by selecting Agree) and applying for the “Services” and the Company accepts your agreement.

4. The Company provides the following "Paid Services" and may add or change the service contents according to the Company's circumstances and other conditions.

1) Classification based on automatic payment status

- Regular payment type pass: A service in which an annual or monthly fee notice is automatically generated, and the period of use is renewed with a prompt for the “User” to agree to once again through a payment method registered in advance by the “User”.

- Term pass: A service that ends the use of paid Services when the period of use expires.

2) Classification by sales method

- Direct sales: A method of providing “Paid Services” provided by the Company directly to Users through their personalized payment methods.

- Agency Sales: A “Paid Service” provided by the Company is sold through a third party, and the method of using the product is in accordance with the “Paid Service” policies required by the agency.

5. Payment methods for the use of "Paid Services" may be made through a method determined in advance by the "Company" or by the "Open Market Operators".

6. In relation to the use of the "Paid Service" referred to in paragraph (1), the "User" shall pay the price for the use of the "Paid Service" selected by the "User" after applying for the use of the "Paid Service".

7. The payment cycle for "Paid Services" will be charged to the payment method registered on the payment date shown on the 'Subscription' page. The payment cycle is determined by the type selected by the "User" when using the "Paid Service". In some situations, such as when a registered payment method is not processed normally, or when a User changes the "Paid Service" type, the payment date may change.

8. The price of use of "Paid Service" is based on the price indicated per "Service", but the estimated payment amount at the time of purchase and the actual billing amount may vary due to exchange rates and fees when paying with a foreign currency.

9. The Learning history and points may be deleted without prior notice if the “User” has been inactive for <3 years>.

 

Article 17 (Cancellation of an Agreement, etc.)

1. The "Paid Service" provided by the "Company" is divided into those that can be cancelled and limited in accordance with related laws such as the Consumer Protection Act in e-commerce, etc. and the Content Industry Promotion Act.

2. In the case of a "Paid Service" that can be withdrawn, the "User" may request the "Company" to cancel the subscription only if the "Paid Service" has not been used within seven days of purchase of the "Paid Service".

3. "Users" may withdraw their subscription verbally, in writing (including electronic documents), or by e-mail.

4. If a minor (child user) purchases the "Paid Service" provided by the "Company" without the consent of a parent and/or guardian (adult user), the minor or parent and/or guardian may cancel the payment. However, cancellation of the “Paid Service” may be restricted or denied if a minor receives explicit permission from a parent and/or guardian or was purchased or paid for explicitly for the minor by another parent and/or guardian. To determine whether a minor purchased a “Paid Service”, “Company” will base the transaction on records of the device in which the payment was made, the information of the person and/or “User” that made the payment, and the name and type of the payment method. To this end, the “Company” may request submissions of documents of proof of the minors and parent and/or guardian, if necessary.

5. In cases where "Paid Services" are paid free of charge to "Users" or gifted from other "Users", these cases are excluded from the withdrawal of subscription.

 

Article 18 (Cancelling Service and Deleting a User Account)

1. "User" may cancel the "Service" use contract (hereinafter referred to as "Delete Account"). In order for "Users" to "Delete Account", "Users" can access the "Delete Account" function using the menu in the mobile application or  request a "Delete Account" through the customer center. All information (learning history, mileage, character, item, profile information, purchase history, etc.) of the "User" is deleted and cannot be recovered or used.

2. If a "User" applies for "Delete Account", the "Company" can confirm whether the "User" is the actual “User”, and if the "User" is identified as the actual “User”, the “Company” may take extra measures to delete or not delete the “User” account per request.

 

Article 19 (Indemnity)

1. The "Company" shall not be liable for any damages to the "User" in connection with the "Service" provided by the "Company" for free. However, this excludes damages caused by intentional or gross negligence of the "Company".

2. If a "User" causes damage to the "Company" in violation of these terms and conditions, the "User" is responsible for compensating the "Company" for the damage.

 

Article 20 (Limitations of Liability)

1. The "Company" shall be exempted from liability if it cannot provide services due to wartime, accident, natural disasters, emergencies, technical defects, or other force majeure reasons that cannot be resolved by current technology.

2. The "Company" is exempted from liability for suspension, disability of use, and termination of the contract due to reasons attributable to "Users". In particular, in the case of "download-type applications," the "Company" is not responsible for data loss caused by device changes, number changes, and deletion of applications by the "Users”. In addition, the "Company" shall not be liable for any loss of data, etc. caused by "Users" changing devices or numbers or deleting applications without Usership in "Platform Services".

3. The "Company" shall be exempted from liability for all problems arising from the "User" mobile network or mobile device environment or problems arising from telecommunications network environment issues caused without intentional or gross negligence by the “Company”.

4. The "Company" shall not be liable for the failure or loss of the results of characters, experiences, items, etc. expected by "User" using "Service" and shall be exempted from liability unless the "Company" showed intentional or gross negligence.

5. The "User" should only download the applications from the "Company" after carefully examining the guidelines indicated in each "Open Market", technical matters for using the applications of the "Company", prices, and understanding the “Terms of Services and Conditions” . The "Company" shall not bear any responsibility for the use of "Services" that the "User" downloads and uses the "Services" even though the "User" may have a device not suitable for the "Services" as indicated or notified in each "Open Market".

6. The "Company" does not guarantee to the user that the “Services” provided by the “Company” has no defects or bugs or does not meet specific purposes or that the “Company” does not infringe on the rights of third parties such as intellectual property.

 

Article 21 (Judicial powers and governing laws)

These Terms and Conditions are governed by and interpreted in accordance with the laws of the Republic of Korea, and if a lawsuit is filed due to a dispute between the "Company" and the "User," the court of the Republic of Korea shall be the competent court.

 

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(Effective Date) These Terms and Conditions will apply from August 1, 2022, and the previous Terms and Conditions will be replaced with these Terms and Conditions.