The team at Toss Lab, Inc. (together with its affiliates, “Toss Lab”, “we”, “us”, and/or “our”) has developed this terms of service agreement (the “Terms of Service”) so that you may easily understand both your rights and obligations as part of using the Services. By accessing or using the Services, you agree to be bound by this Terms of Service.
“Service(s)” refers to JANDI and JANDI related services that can be used regardless of
the device, including wired and wireless devices such as a computer, television, mobile
phone, other portable device, etc.
“Account” refers to a log-in account created based on an email address and password,
which is needed to use the Service.
“Posting” refers to any message, photo, video, file, or link composed of signs,
characters, sounds, pictures, and movies that are posted on the Service.
“Data” refers to any Posting, Personal Information, or other content or information
provided on the Service.
Any capitalized terms not defined in this agreement shall have the meaning ascribed to
them in the Privacy Policy.
Toss Lab will post the Terms of Service within the Service or on the JANDI website so that you can easily access it. We may amend the Terms of Service within the scope of applicable laws. If we do so, we shall provide you with reasonable prior notice of the date of implementation and the reason for the amendment. Notwithstanding the aforementioned notification, if you do not agree to be bound by the amended Terms of Service, you may cease using the Service and terminate the Terms of Service. If you continue to use the Service after the date of implementation, you will be deemed to have agreed to the amended Terms of Service.
If you want to use the Service, you must first apply for an Account. By applying for an Account, you agree to be bound by this Terms of Service, provide your email address, and register your password.
Toss Lab may not approve your application if (i) we have deleted your Account in the past, (ii) you have attempted to create an Account using a third party’s name, email address, or other personal information, (iii) you fail to provide the required information or provide false information during the Account application process, or (iv) if we are compelled by other legal or proper reasons. If you are under the applicable legal age, your parent or legal guardian’s consent must be obtained to apply for an Account. If it is found that you have created your Account in breach of the foregoing terms and conditions, Toss Lab may suspend your use of the Service or delete your Account immediately.
Your Account is personal to you and non-transferable, and you may not permit any third party to use your Account. You are responsible for safeguarding the password that you use to access the Service to prevent any improper use of your Account without your consent. If you become aware that your Account is being used by a third party without your consent, please contact our customer service and we will provide you with the guidance to protect your Account.
Toss Lab grants you a personal, non-sublicensable, and non-exclusive license to use the Service in accordance with this Terms of Service and our policies. Toss Lab reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. In addition, Toss Lab may segment the Service into parts, and provide part or all of the Service differently to each user depending on Service plan, user status, registered information, or other conditions set forth by Toss Lab. All rights, title, and interest in and to the Service and its components (including without limitation all intellectual property rights) will remain with and belong exclusively to Toss Lab.
You may access and use the Service only for lawful, authorized purposes, and you shall not misuse the Service in any manner (as determined by Toss Lab in its sole discretion). For example, you may not interfere with the provision of the Service or access the Service using a method other than the one provided and approved by Toss Lab. Furthermore, you may not collect, use, or provide to others the information of other Service users, post or transmit any Data that is offensive or pornographic, infringe on any third party’s rights and interests (including without limitation copyright), or otherwise violate third party’s rights and interests, public order, laws, or good morals. You may not copy, modify, distribute, sell, transfer, lease, provide as security, or permit others to use any part of the Services or software included in the Services without Toss Lab’s prior consent. In addition, you may not reverse engineer, attempt to extract the software source code included in the Services, or copy, disassemble, reproduce, or otherwise modify the Services.
If you fail to comply with the applicable laws, the Terms of Service, and/or other policies of Toss Lab, Toss Lab may conduct an investigation into the matter or suspend your use of the Services either temporarily or permanently.
In order for us to provide the Service to you, we require that you grant us certain rights with respect to your Data. For example, we need to be able to transmit, store, and copy your Postings in order to display it to you and your team members, to index it so you are able to search it, to make backups to prevent data loss, and so on. Similarly, we will display your Personal Information on the Service (e.g. profile page) according to the preferences you set in your account. If you provide any Data on the Service, you will be deemed to have granted to Toss Lab and its service providers a worldwide and permanent license to freely use, store, copy, modify, transmit, disclose, demonstrate, or display in public, distribute, create any derivative works from, or permit other users to use such Data, subject to the terms and conditions provided in the Privacy Policy. This license will survive even after you cease to use the Service or deactivate your Account. For the avoidance of doubt, the rights granted to Toss Lab and its service providers under such license will be used only for the purposes of the operation, improvement, and promotion of the Service and the development of new services.
You shall have or have acquired all legal rights necessary for you to be able to grant a license to Toss Lab to use the Data you provide on the Service. If Toss Lab determines that the Data you have provided violates applicable laws or Toss Lab’s policies, Toss Lab may delete or refuse to post such Data; provided, however, that, Toss Lab is not obliged to review all of your or other users’ Data. If you believe that your right has been infringed, you may get help from the customer service.
The Service may include Data that is not owned by Toss Lab. In such case, the user who has provided such Data will solely be liable for such Data. Your use of the Services does not grant you any right to the Data provided by other users. To use other users’ Data made available through the Service, you must separately obtain the permission from the owner thereof.
Toss Lab collects, uses, and analyzes Data and other information relating to the use and performance of the Service and related technologies and may use it in our business or disclose it in aggregate or non-identifiable forms in connection with our business. That means, for example, that we can tally up the number of people connected to the Service on a given day, the number of messages sent during a period of time, or any other measures or analyses, and share such output. You can find more information about how Toss Lab collects and uses your Information in our Privacy Policy.
If you do not want to use the Service anymore, you may, at any time, request for the termination of your Account and the Terms of Service. Upon the termination of the Terms of Service, unless we are required to preserve your information under the applicable laws and/or the Privacy Policy, your Personal Information will be deleted. Any Postings that you have not deleted will be retained to provide the Service to other remaining users in a normal manner.
Toss Lab strives to provide the Service 24 hours a day, 365 days a year without interruption. However, as a result of a regular or temporary inspection of the equipment for maintenance or repair or due to other unavoidable causes (such as a force majeure event), the Service could temporarily be suspended. In such cases, Toss Lab will use its best efforts to notify you, and where the situation allows, in advance.
NOTWITHSTANDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOSS LAB EXPRESSLY DISCLAIMS ANY AND ALL PROMISES OR WARRANTIES OF ANY KIND REGARDING MATTERS NOT SET FORTH IN THE TERMS OF SERVICE. FOR EXAMPLE, TOSS LAB DISCLAIMS ALL PROMISES OR WARRANTIES RELATING TO THE PARTICULAR FUNCTION OR AVAILABILITY OF CONTENT OR SERVICE INCLUDED IN THE SERVICE, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOSS LAB SHALL NOT BE HELD LIABLE FOR ANY (I) PERSONAL INJURY RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, (II) DAMAGE RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR THE TOSS LAB SERVERS BY A THIRD PARTY, (III) DAMAGE RESULTING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE CAUSED BY A THIRD PARTY, (IV) DAMAGE RESULTING FROM TRANSMISSION OF BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE BY ANY THIRD PARTY, (V) DAMAGE RESULTING FROM THE OMISSION OR DESTRUCTION OF DATA, OR (VI) DAMAGE INCURRED BY YOU DURING THE COURSE OF THE USE OF THE SERVICE BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, DEFAMATORY INJURY. MOREOVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOSS LAB, TOSS LAB’S AND TOSS LAB’S AFFILIATES’ OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND ADVISORS (TOGETHER, “TOSS LAB PARTIES”) SHALL NOT IN ANY WAY BE HELD LIABLE FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, OR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN RELATION TO THE USE OF THE SERVICES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSTS OR DAMAGES. YOU EXPRESSLY AGREE THAT TOSS LAB PARTIES’ TOTAL AGGREGATE LIABILITY FOR ANY LOSTS AND DAMAGES HEREUNDER SHALL NOT EXCEED THE TOTAL FEE AMOUNT TOSS LAB ACTUALLY RECEIVED FROM YOU.
Your comments and suggestions are highly appreciated. You may, at any time, visit the JANDI website and leave your comments and suggestions, or contact our customer service at support@tosslab.com. Toss Lab will send you various news, announcements, and other information by sending an email to the email address used as your Account or by sending an electronic message through the Service. Announcements applicable to all users of the Service will become effective after being posted for at least 7 days.
The Terms of Service apply to the relationship between Toss Lab and you only, and no third party will be entitled to any benefits under the Terms of Service.
If you fail to comply with the Terms of Service, and Toss Lab does not take any action right away, it does not mean that Toss Lab waives its rights. If any provision of the Terms of Service becomes unenforceable due to certain applicable laws, such unenforceable provision will have no effect on the remaining provisions of the Terms of Service but only to the extent of such applicable laws.
The Services, Terms of Service, and any actions related thereto will be governed by the laws of the Republic of Korea without regard to its conflicts of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Terms of Service will be in the Seoul Central District Court, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Notwithstanding the foregoing, by choosing to access and use the Services from any location other than the Republic of Korea, you accept full responsibility for compliance with all local laws.
Date of Announcement: November 10, 2014
Date of Implementation: December 10, 2014