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Terms of Service

Tkita Terms of Service

Chapter 1. General Provisions
    Article 1 (Purpose)

      The purpose of these Terms and Conditions is to stipulate the rights, obligations, responsibilities of the Company and the Member, and the procedures for the Member's use of the services, in relation to the Tkita service provided by AirSound Co., Ltd. (hereinafter referred to as the 'Company') and the Member.

    Article 2 (Specification, Effect, and Amendment of the Terms)

      A. The Company shall post the contents of these Terms, trade name, location of the office, name of the representative, business registration number, and contact information on the Tkita site where the service is provided, so that those who wish to use the service and Members can be aware of them.

      B. If the Company amends these Terms, the Company shall announce the effective date and reasons for amendment, along with the current Terms, using the method specified in Subparagraph (a) from 7 days prior to the effective date until the day immediately preceding the effective date. The amended Terms shall not apply retroactively prior to the effective date unless retroactive effect is explicitly granted in the amended Terms.

      C. These Terms constitute the basic agreement of the Service Use Contract established between the Company and the Member. Where necessary, the Company may establish and pre-announce specific provisions applicable to particular services (hereinafter referred to as 'Individual Terms'). If a Member agrees to these Individual Terms and uses the specific service, the Individual Terms shall apply preferentially, and these Terms shall have supplementary effect. Subparagraphs (a) and (b) above shall be applied mutatis mutandis to the posting and amendment of the Individual Terms. However, the Company may post the Individual Terms on the administration screen of the Tkita site.

      D. The Company may enter into a contract (hereinafter referred to as 'Individual Contract') with a specific Member that contains provisions differing from those stipulated in these Terms and Individual Terms (hereinafter collectively referred to as 'Terms, etc.'). In this case, the Individual Contract shall take precedence over the Terms, etc. Furthermore, the Company shall provide the Member who entered into the Individual Contract with a written copy (including electronic document) of the contract or make it available for confirmation on the administration screen of the site.

    Article 3 (Relationship with Related Laws)

      A. The Company shall not engage in unfair practices, such as collusion with other online service providers, regarding the determination of fees (referring to all amounts received by the Company from the user in return for providing services to the user, such as service fees under Article 29) and service usage fees.

    Article 4 (Definitions of Terms)

      A. The definitions of terms used in these Terms are as follows:

      1. Member : Refers to a person who approves these Terms and enters into a Service Use Contract with the Company. Members are categorized into individual members and corporate members (hereinafter collectively referred to as 'Members') based on their subscription type, and further divided into general members and corporate members based on their purpose of service use, and can be converted between them as determined by the Company. These Terms apply to both general members and corporate members.
      2. ID : Refers to the email address directly set (authenticated) by the Member for identification and service use, and approved and registered by the Company. When applying for use through simple registration (linking account information from other services), it is automatically set as the email address registered with that service. If the set ID address is unavailable for normal use, important notifications such as transactions and notices may not be transmitted, and the responsibility for this rests solely with the Member.
      3. Password : Refers to the combination of letters (including special characters) and numbers set by the Member for confirming the Member's identity and protecting Member information.
      4. Nickname : Refers to the information that can identify the Member along with or instead of the ID on the Tkita site and Mobile Tkita, and includes the nickname directly set and used by the Member upon registration.
      5. Paid Service : Refers to a service or product that the Member can only use upon payment of a certain fee. The detailed contents of the Paid Service are described on the respective service or product information page.
      6. Payment : Refers to the act of the Member paying a certain amount determined by the Company through various payment methods to use the Paid Service.
      7. Purchase : Refers to the act of the Member selecting the Paid Service they wish to use and paying the cost through a payment method, thereby enabling the Company to approve the use and provide the Paid Service.
      8. Member Information : Refers to the service screen provided where the Member's profile information and service use-related information can be confirmed.
      9. Community : Refers to the bulletin board where notices related to the service and service progress can be confirmed.
      10. Termination : Refers to the act of the Company or the Member ending the Tkita Service Use Contract.

      B. The meaning of terms in these Terms not defined in Subparagraph (a) above shall be based on general practices of service use.

Chapter 2. Service Use Contract
    Article 5 (Formation of Service Use Contract)

      A. The Service Use Contract (hereinafter referred to as the 'Use Contract') regarding the services provided by the Company is formed when the Company accepts the use application (membership registration application) of the person who wishes to use the relevant service. The Company notifies the applicant of the intention to approve the use by posting it on the relevant service screen or by email or other methods.

    Article 6 (Application for Service Use)

      A. The application for use is made by the customer recording the following details on the membership application form on the user registration screen of the service:

      1. ID: Email format ID, requires email address verification
      2. Password
      3. Other items deemed necessary by the Company

      B. The details to be entered at the time of application for use may be distinguished based on whether the Member is an individual or a corporate entity, and the following additional items are required for corporate members:

      1. Real-name verification through mobile phone number
      2. Validity verification through business registration number
      3. Company name
      4. Name of the representative
      5. Business address
      6. Email for tax invoice issuance
      7. Name of the person in charge
      8. Company phone number, mobile phone number in the name of the representative or the employee in charge
      9. Account information in the name of the corporation or the representative

      C. In addition to the essential items specified in Subparagraphs (a) and (b) above, the Company may request the applicant to provide information such as occupation, hobbies, and areas of interest to provide diverse and useful information to the Member. However, the applicant may refuse to provide such information.

    Article 7 (Approval of Use Application)

      A. The Company, in principle, approves the use of the service through the stipulated procedure when the items specified in Article 6 are accurately stated and these Terms are agreed upon.

    Article 8 (Restriction on Approval of Use Application)

      A. The Company may refuse to approve the application for use if any of the following reasons exist:

      1. If the application is made falsely during user registration, such as identity theft of another person
      2. If the applicant is under the age of 14
      3. If the email address (ID) is the same as that of an already registered Member
      4. If the user registration details are omitted or incorrectly stated in the application
      5. If the application is made to disturb public order or morals, or with the intent to disturb them
      6. If there is a history of loss of membership qualification as stipulated in Article 12
      7. If other application requirements set by the Company are not met

      B. The use of some services may be restricted depending on the Member's qualification or age.

      C. The Company may postpone the approval of the use application if any of the following reasons exist. In this case, the Company notifies the applicant of the reasons for the postponement of approval, the possible timing of approval, or additional information and materials required for approval, and other related matters concerning the postponement of approval, by posting them on the service screen or via email:

      1. If there is insufficient capacity in the facilities or technical issues
      2. If the status of real-name subscription application is not confirmed through the Company's real-name verification procedure
      3. If the person applying for corporate membership fails to provide the documentary evidence or additional information specified in Article 6 (b)
      4. If the Company deems it necessary based on reasonable judgment
    Article 9 (Termination of Service Use Contract)

      A. The Member or the Company may terminate the Use Contract in accordance with the procedures set forth in these Terms:

      1. The Member may terminate the Use Contract by notifying the Company of their intention to terminate at any time.
      2. The Company provides a procedure for terminating the Use Contract online.
      3. The Use Contract shall terminate when the Member's intention to terminate reaches the Company.
      4. A Member who has terminated the contract pursuant to this paragraph may re-register as a member in accordance with the membership registration procedure and related provisions set forth in these Terms. However, if the Member applies for re-registration after membership withdrawal for fraudulent purposes, the Company may restrict re-registration for a certain period.
      5. For Paid Service users, the Paid Service terminates immediately upon termination, even if there is remaining service time, and in this case, the Member must bear any disadvantages caused by the impossibility of withdrawing or canceling the transaction.
    Article 10 (Termination of Service Use Contract by the Company)

      A. The Company may terminate the Service Use Contract if any of the following reasons exist. In this case, the Company notifies the Member of the intent to terminate, stating the reason for termination via email, telephone, text message, fax, or other methods. The Company may grant the Member an opportunity to state their opinion on the reason for termination in advance:

      1. If it is confirmed that the Member has a reason for restriction of approval for use as set forth in Article 8
      2. If the Member performs an act that infringes upon the rights, reputation, credit, or other legitimate interests of the Company, other Members, or third parties
      3. If the Member performs or attempts to perform an act that hinders the smooth progress of the service provided by the Company
      4. If an event occurs that makes normal service use impossible or difficult for the Member, such as bankruptcy, incompetency, quasi-incompetency, rehabilitation, declaration of bankruptcy, death, declaration of disappearance, or dishonor (However, in this case, the Company may take measures such as suspension of membership qualification or restriction of service use to protect transaction safety, instead of terminating the Use Contract.)
      5. If the Member violates these Terms or a reason for termination set forth in these Terms occurs

      B. The Service Use Contract terminates when the Company's intention to terminate reaches the Member. However, if the Company is unable to notify the Member of the intention to terminate due to an error in the contact information provided by the Member, the contract terminates 3 days after the time the Company announces the intent to terminate via a notice on Tkita or an email sent to the email address authenticated by the user. In this case, all rights of the Member are suspended or extinguished from the time of the announcement, and if a reason for the recovery of rights occurs before the 3-day period, the rights are recovered retroactively.

      C. If the Company notifies or announces the termination of the Service Use Contract, the Company may immediately cancel the services related to the Member without separate notice, and may cancel the credit card sales for Paid Services paid for by the service user with a credit card.

Chapter 3. Use of Service
    Article 11 (Commencement of Service Use)

      A. The Company posts matters regarding the characteristics, procedures, and payment methods of each service on the Tkita homepage, depending on the type of service. Members must fully understand the matters regarding each service posted by the Company in advance and use the service.

      B. The Company commences the service from the time it approves the Member's application for use. However, for some services, the service commences from a designated date.

      C. The Member agrees to communication with external computers to perform the functions in the following subparagraphs for service use:

      1. The function of transmitting voice data to the Tkita server for voice analysis and receiving the analysis results
      2. The function of maintaining software updates for stable service provision
      3. Various other communication functions necessary for service provision

      D. If the Company is unable to commence the service due to business or technical obstacles, it shall notify the Member by posting a notice on the site or by other means.

    Article 12 (Suspension and Restriction of Service Use)

      A. For the stability and reliability of service use, the Company may suspend the Member's qualification, restrict the use of the service, or take other necessary measures as stipulated in these Terms. Members whose qualification is suspended cannot use the service, which includes Paid Services.

      B. Unless otherwise specifically stipulated in these Terms, the Company shall notify the Member in advance via telephone, email, or other methods if it suspends the Member's qualification, restricts the use of the service, or takes other necessary measures. However, in unavoidable circumstances, such as when the Member is unreachable or urgent action is required, the Company may take action first and notify later. The Member may raise an objection to the Company's measure, and the Company may lift the measure if it determines the Member's objection to be valid.

      C. If it is confirmed that a Member has arbitrarily terminated the Use Contract or applied for re-use through another account during the period of suspension, the Company may refuse to approve the application for use based on Article 9 of these Terms.

      D. The Company may restrict or suspend all or part of the service if the Member engages in any of the following acts while using the service:

      • System Fraudulent Activity (Misuse)
        1. Criminal and illegal acts such as sending spam information or distributing malicious code programs using the Company's service/system
        2. Unauthorized commercialization of the Company's software
        3. Accessing or attacking the Company's system through abnormal means
        4. Copying, distributing, scraping, or commercially utilizing the Company's information/data without legitimate authority, either by oneself or through a third party
        5. Any other system fraudulent activity equivalent to the acts in the preceding sub-subparagraphs
      • Unmannerly Conduct
        1. Continuously making unilateral demands regarding service use and payment
        2. Acts of threat, verbal abuse, slander, or insult
        3. Acts that can cause humiliation to the Company's executives, employees, counselors, or contracted workers
        4. Any other unmannerly conduct or obstruction of business equivalent to the acts in the preceding sub-subparagraphs
      • Abuse of the customer inquiry function provided by the Company
        1. Promotional activities for specific services or products
        2. Proposing job searches or recruitments
        3. Sending content or attachments that violate public order and morals
        4. Sending spam messages for the purpose of interfering with the counterparty's business
        5. Any other abuse of the inquiry/response function equivalent to the acts in the preceding sub-subparagraphs
        6. When no feedback or response is given regarding the service
        7. When intentional avoidance of replying or responding to the Company's contact is confirmed
        8. Any other non-response activity equivalent to the acts in the preceding sub-subparagraphs
      • Infringement of Rights
        1. Using the service through the information of another person
        2. Refusing or neglecting to correct Member information for fraudulent purposes, such as avoiding sanctions
        3. Infringing upon the rights of a third party, such as copyright or portrait rights, through overall transaction activities
        4. Acts that infringe upon the personal information of other Members in violation of the Company's Privacy Policy or related laws
        5. Acts that damage the reputation, credit, or legitimate interests of others and the Company
        6. Any other infringement of rights equivalent to the acts in the preceding sub-subparagraphs

      E. The Company may take necessary measures, including restriction of service use, if there is a considerable reason to suspect a violation of the Terms or laws, or any illegal or unfair act.

Chapter 4. Use of Paid Services
    Article 13 (Payment for Paid Services)

      A. Members who wish to use the Paid Service must pay the usage fee on a regular basis every 30 days, and the Company shall post detailed matters and changes related to the usage fee on the Tkita site.

      B. The payment methods available for the Member to use for payment are as follows. However, specific payment methods may be added or service provision may be suspended depending on the Company's circumstances:

      1. Affiliated credit cards
      2. Affiliated telecommunication company integrated bill payment
      3. Affiliated gift certificates
      4. Affiliated online account transfer
      5. Other payment methods provided by affiliated companies

      C. The Company may set monthly cumulative payment limits and transaction limits per Member for the transaction amount of Members using Paid Services, in accordance with internal policies, external payment providers (banks, card companies, etc.), and changes in other relevant laws and regulations. If a Member attempts to use a Paid Service exceeding the transaction limit set by the Company, additional use of the Paid Service may be impossible due to the excess transaction limit.

      D. Should the circumstances in Article 13 (b) occur, the Company shall notify the Member so that the Member can check the possibility of payment on the corresponding payment window at the time of payment.

      E. The fee for using the Paid Service and the billed amount incurred in relation to service use are displayed on the 'Payment Information' page and automatically charged to the payment method registered at the time of payment. The payment cycle is determined according to the type of service selected by the Member when paying for the Paid Service.

      F. Before the Member purchases the Paid Service, the Company informs the Member of the following matters on the usage screen, etc., and displays the Paid Service item the Member is currently attempting to pay for on the final payment page to prevent erroneous purchases:

      1. Name of the Paid Service
      2. Functions provided by the Paid Service
      3. Confirmation of whether to add automatic translation service (additional service) use
      4. Terms of transaction such as usage fee, automatic payment notice, possibility of withdrawal of subscription and termination, and refund

      G. In some situations, such as when the registered payment method is not processed normally or due to other system errors, the payment date may change. In this case, the changed payment date can be confirmed on the 'Payment Information' page.

      H. To use the Paid Service, a normally available payment method must be registered. If the automatic payment is not processed normally due to reasons such as expiration of validity or insufficient balance, the Member's use of all services may be restricted until the corresponding charge is completed.

      I. The Member may change the payment method on the 'Payment Information' page, and the payment method may be changed within the scope of Subparagraph (a).

    Article 14 (Use of Paid Services)

      A. The Paid Service Use Contract is established from the time the Company approves the Member's application for use. If the Company cannot commence the service due to technical reasons or other circumstances, it shall notify the Member in advance using the method in Article 2.

      B. The types of Paid Services provided by the Company to the Member are as follows:

      1. TkitaCaption
      2. TkitaMobile
      3. TkitaTalk
      4. TkitaNote
      5. TkitaMeet
      6. Provision of automatic translation service for text conversion records provided in Tkita services such as TkitaCaption and TkitaMobile
      7. Details for each Paid Service are explained on the service information page.

      C. The Member agrees to use the Paid Service in accordance with all applicable laws, rules, regulations, or other restrictions related to content use. The Company is not responsible for disadvantages arising from the Member copying, distributing, creating derivative works, or selling content and information obtained through the Paid Service.

    Article 15 (Withdrawal, Change, Termination, Suspension, and Discontinuation of Paid Services)

      A. A Member using a Paid Service may request cancellation of payment (withdrawal of subscription) from the Company within 7 days from the payment date, only if the Paid Service has not been used at all.

      B. The withdrawal of subscription can be made by the Member via email or customer inquiry on the website, and it becomes effective when the intention to withdraw is expressed to and reaches the Company. The Company shall notify the Member of this fact without delay after receiving the Member's declaration of intent.

      C. Unless there are special circumstances for the Company, the Company must refund the usage fee using the same payment method used for the payment within 10 business days from the date the Member expressed the intention to terminate/cancel the contract, and must notify the Member in advance if a refund by the same method is impossible.

      D. In refunding the aforementioned amount, if the Member paid the amount using a payment method such as a credit card or mobile phone, the Company requests the business provider of the corresponding payment method to stop or cancel the billing for the goods, etc., but this may not apply in situations where a refund by the same method is impossible.

      E. The Company may restrict, suspend, or discontinue the provision of all or part of the Paid Service if any of the following reasons occur. In this case, the Company shall notify the Member in advance, whenever possible, of the reason for and period of the discontinuation:

      1. Facility inspection and maintenance carried out for the purpose of service improvement for the user
      2. Unavoidable circumstances due to the Company's urgent system inspection, expansion, replacement, maintenance, or construction of facilities
      3. When the Company deems it necessary for system replacement of the Paid Service, etc.
      4. When the normal provision of the Paid Service is impossible due to system or service facility failure, wired/wireless network failure, or excessive use of the Paid Service
      5. In case of force majeure reasons beyond the Company's control, such as natural disasters, national emergencies, or power outages

      F. In unavoidable circumstances, the Company may temporarily suspend the provision of all or part of the Paid Service without prior notice, and in this case, the Company shall notify the Member of the reason and period of suspension afterwards without delay.

      G. The Company compensates the Member for damages incurred due to Article 15 (f). However, this shall not apply if the Company's intent or negligence is absent.