바이탈링 서비스 약관(en)

Chapter 1 General Provisions

Article 1 (Purpose) These terms and conditions are intended to regulate the rights, obligations, and responsibilities of the company and service users, as well as other necessary matters related to the use of the eMedi Health Care service (hereinafter referred to as the “Service”) provided by eMedi Healthcare (hereinafter referred to as the “Company”), including the network, website, and other services associated with it.

Article 2 (Definitions)

“Company” refers to the business entity that provides the eMedi Health Care service.
“Member” refers to a person who enters into a service agreement in accordance with these terms and conditions and uses the services provided by the Company.
“Temporary member” refers to a person who provides only partial information and uses only a part of the services provided by the Company.
“Mobile device” refers to a device that can download or install content and be used, including mobile phones, smartphones, PDAs, and tablets.
“Account information” refers to the information provided by the member to the Company, including the member’s user number, external account information, device information, nickname, profile picture, friend list, as well as service usage information and payment information.
“Content” refers to all paid or free digital content created by the Company in a digital format for use on mobile devices.
“Open market” refers to an electronic commerce environment established to allow the installation and payment of eMedi Health Care content on mobile devices.
“Application” refers to a program downloaded or installed on a mobile device for the purpose of using the services provided by the Company.

Article 3 (Provision of Company Information) The Company shall provide the following information in a clear and easily accessible manner within the eMedi Health Care service through connected screens or other means for the convenience of members:

Business name and name of representative.
Address of the place of business (including the address where member complaints can be addressed).
Telephone number and email address.
Privacy policy.
Terms of service.

Article 4 (Effect and Amendment of Terms and Conditions)

The Company shall post the contents of these terms and conditions within the eMedi Health Care service or on connected screens to make them accessible to members. In cases where the content includes important matters such as service interruption, withdrawal of subscription, refund, contract termination, and exoneration of the Company’s liability, such matters shall be clearly marked in bold, colors, symbols, or through separate connected screens to ensure that members can easily understand them.
If the Company amends the terms and conditions, it shall notify members by posting the effective date, amended contents, and reasons for amendment within the eMedi Health Care service or on connected screens at least 7 days before the effective date of the amendment. However, if the amended content is disadvantageous to the member or a significant change, the Company shall give notice through the same method as the original notification at least 30 days before the effective date, and notify the member using the method specified in Article 27, Paragraph 1. In such cases, a clear comparison between the pre-amendment and post-amendment contents shall be provided to ensure that members can easily understand the changes.
When amending the terms and conditions, the Company shall confirm whether the member agrees to the amended terms and conditions. If the Company provides notice or notification as specified in Paragraph 2 and the member does not express their refusal or agreement to the amended terms and conditions by the date of enforcement of the terms and conditions, it shall be deemed that the member has agreed to the amended terms and conditions. If a member does not agree to the amended terms and conditions, the Company or the member may terminate the service usage agreement.
The Company shall take measures to allow members to inquire about and receive answers regarding the contents of the terms and conditions.
The Company may amend these terms and conditions within the limits that do not violate relevant laws and regulations, including the “Act on Consumer Protection in Electronic Commerce,” the “Act on Regulation of Terms and Conditions,” the “Act on Promotion of Information and Communication Network Utilization and Information Protection,” and the “Content Industry Promotion Act.”

(Note: The translation provided is a general interpretation of the original text and may not capture all the nuances and legal implications of the original text. For legally binding purposes, it is advisable to refer to the official version in the original language.)

Article 5 (Conclusion and Application of Service Agreement)

① The service agreement is concluded when the applicant (hereinafter referred to as the “applicant”) who wishes to become a member agrees to the contents of these terms and conditions, applies for service usage, and the Company approves the application.

② The Company shall generally approve the applicant’s application. However, the Company may refuse approval for the following cases:

When the information provided in the application is false or does not meet the requirements for application.
When the service is used through abnormal or circumventive means in countries where the Company does not provide the service.
When applying with the purpose of engaging in activities prohibited by relevant laws.
When applying with the purpose of undermining social order, public morals, or decency.
When intending to use the eMedi Health Care service for illicit purposes.
When intending to use the eMedi Health Care service for profit-seeking purposes.
When there are other reasons that are deemed inappropriate for approval.

③ The Company may withhold approval until the reasons specified in the following cases are resolved:

When there is no available capacity in the Company’s facilities, or when support for specific mobile devices is difficult, or when there are technical difficulties.
When there is a service disruption or a failure in service usage fees or payment methods.
When there are other reasons deemed difficult to approve the application.

Article 6 (Supplementary Provisions) For matters not specified in these terms and conditions and the interpretation of these terms and conditions, relevant laws, the “Act on Regulation of Terms and Conditions,” the “Act on Promotion of Information and Communication Network Utilization and Information Protection,” the “Content Industry Promotion Act,” and customary practices shall apply.

Article 7 (Operational Policies)

① The Company may establish operational policies (hereinafter referred to as “Operational Policies”) necessary for the application of these terms and conditions and specify the scope of delegation in the terms and conditions.

② The Company shall post the contents of the operational policies within the eMedi Health Care service or on connected screens to make them accessible to members.

③ When amending the operational policies, the procedures specified in Article 4, Paragraph 2 shall apply. However, if the amended content falls under any of the following cases, prior notice shall be given through the method specified in Paragraph 2.

When amending the delegated matters specifically specified in the terms and conditions.
When amending matters unrelated to the rights and obligations of members.
When amending the operational policies within a range that is fundamentally consistent with the contents specified in the terms and conditions and can be reasonably anticipated by members.

Chapter 2 Management of Personal Information

Article 8 (Protection and Use of Personal Information)

① The Company shall make efforts to protect members’ personal information in accordance with applicable laws and regulations and shall comply with relevant laws and the Company’s privacy policy regarding the protection and use of personal information. However, the Company’s privacy policy shall not apply to services linked to outside of the provided services.

② Depending on the nature of the service, contents unrelated to members’ personal information may be disclosed.

③ Unless requested by relevant government agencies or other circumstances specified by applicable laws, the Company shall not provide members’ personal information to third parties without the member’s consent.

④ The Company shall not be held responsible for damages caused by the leakage of personal information due to the member’s own fault.

Chapter 3 Obligations of Parties to the Service Agreement

Article 9 (Company’s Obligations)

① The Company shall diligently comply with relevant laws, exercise the rights and fulfill the obligations stipulated in these terms and conditions in good faith.

② The Company shall establish security systems to protect personal information (including credit information) to ensure that members can use the service safely and shall disclose and comply with the privacy policy. Except as provided in these terms and conditions and the privacy policy, the Company shall ensure that members’ personal information is not disclosed or provided to third parties.

③ The Company shall make its best efforts to repair or restore facilities in case of equipment failure, data loss or damage, or other unavoidable circumstances that make it impossible to provide continuous and stable service, except for cases of natural disasters, emergencies, or technical impossibilities with the current technology.

Article 10 (Member’s Obligations)

① Members must not engage in the following actions in relation to the use of the services provided by the Company:

Providing false information or making false statements when applying for membership or updating member information.
Trading or transferring cyber assets through services not provided by the Company or using abnormal methods to acquire and utilize them.
Impersonating the Company’s employees or administrators, posting content or sending emails under someone else’s name, or falsely representing relationships with others.
Using stolen credit cards, wireless or landline phones, bank accounts, etc., to purchase paid content or improperly using another member’s ID and password.
Illegally collecting, storing, posting, or disseminating other members’ personal information without authorization.
Engaging in gambling or encouraging such activities, exchanging or posting obscene or vulgar information, linking to obscene sites, transmitting or disseminating words, sounds, writings, pictures, photographs, or videos that cause humiliation, disgust, fear, or distributing such materials to others, thereby using the service in an improper manner.
Using the service for unauthorized commercial, business, advertising, promotional, political, or election campaign purposes.
Replicating, distributing, or modifying the information obtained through the Company’s service without permission for commercial purposes, exploiting known or unknown bugs to use the service, or disseminating or utilizing the source code or application data.
Deceiving others for personal gain or causing harm to others in relation to the use of the Company’s service.
Infringing upon the intellectual property rights or portrait rights of the Company or others, damaging the reputation of others, or causing harm to others.
Knowingly transmitting, posting, distributing, or using information (computer programs) or viruses, computer codes, files, programs, etc. designed to disrupt or destroy the normal operation of computer software, hardware, or telecommunications equipment, which is prohibited by law.
Modifying the application, adding or inserting other programs, hacking or reverse engineering servers, disclosing or modifying source code or application data, establishing separate servers, changing or misappropriating parts of the website to impersonate the Company, without special authorization from the Company.
Engaging in actions that violate relevant laws, moral standards, or social customs, or that are contrary to sound public morals.

② Members are responsible for managing their accounts and mobile devices and must not allow others to use them. The Company shall not be held responsible for any damages caused by negligence in managing the mobile device or granting others access to it.

③ Members must set and manage payment password functions to prevent unauthorized payments when applying for or using eMedi Health Care services. The Company shall not be held responsible for damages caused by the member’s negligence in this regard.

Article 11 (Provision of Services)

① The Company shall enable members who have completed the membership application process in accordance with Article 5 to immediately access the services. However, for some services, the Company may commence the service from a designated date according to its operational needs.

② The Company may provide additional services, including but not limited to the services specified in these terms and conditions, when providing eMedi Health Care services to members.

③ The Company may differentiate the usage time, frequency, and scope of services provided by classifying member levels.

Article 12 (Use of Services)

① The eMedi Health Care services shall be provided during the hours specified by the Company’s business policy. The Company shall notify the service hours through appropriate methods, such as the eMedi Health Care application’s initial screen or the eMedi Health Care service notices.

② Notwithstanding the provision in Paragraph 1, the Company may temporarily suspend all or part of the service in the following cases. In such cases, the Company shall notify the reasons and duration of the suspension through the eMedi Health Care application’s initial screen or the eMedi Health Care service notices. However, in unavoidable circumstances where prior notice is not possible, the Company may give notice afterward.

When necessary for regular system inspections, server expansion or replacement, or technical difficulties in system operations.
When the normal provision of services becomes impossible due to power outages, equipment failures, service overcrowding, telecommunication service provider equipment maintenance or inspections, or other uncontrollable situations.
When situations such as exhibitions, riots, natural disasters, or national emergencies occur, which are beyond the Company’s control.

③ The Company provides services through dedicated applications for mobile devices or networks. Members can download and install the application or access the service through the network, either for free or for a fee.

④ For paid content, members must pay the specified fees indicated for the respective services to access them. Downloading the application or using the service through the network may incur separate charges as determined by the mobile device or telecommunication service provider.

⑤ In the case of services accessed through downloaded applications or networks, they are provided in accordance with the characteristics of the mobile device or the telecommunication service provider. In the event of a change in mobile device or phone number or during overseas roaming, the member may be unable to access all or part of the content. In such cases, the Company shall not be held responsible.

⑥ For services accessed through downloaded applications or networks, background operations may take place. In such cases, additional charges may be incurred in accordance with the characteristics of the mobile device or telecommunication service provider, and the Company shall not be held responsible for such charges.

Article 13 (Modification and Termination of Services)

① The Company may change the services for smooth provision of eMedi Health Care services based on operational or technological needs. The Company shall notify the content of the changes in advance within the eMedi Health Care service. However, in the case of bug fixes, error corrections, urgent updates, or other unavoidable changes that do not significantly affect the service, the Company may give notice afterward.

② In cases where it becomes difficult for the Company to continue providing the service due to reasons such as the transfer, division, or merger of business, expiration of the service provision contract, or significant deterioration in the profitability of the service, the Company may discontinue all or part of the service. In such cases, the Company shall notify the members of the discontinuation date, reason, and compensation conditions through the eMedi Health Care application’s initial screen or related screens connected to it, in accordance with the method specified in Article 27, Paragraph 1.

③ In the case of Paragraph 2, the Company shall refund paid items according to Article 24, Paragraph 3 for unused items or items with remaining usage periods.

Article 14 (Collection of Information)

① The Company may store and retain chat content exchanged between members, and this information is held solely by the Company. The Company may allow third parties to access this information only in cases of dispute resolution between members, complaint handling, or the maintenance of service order, as authorized by law.

② If the Company or a third party accesses chat information in accordance with paragraph 1, the Company shall notify the member in advance of the reasons and scope of the access. However, in cases related to the investigation, processing, verification, or compensation for damages resulting from prohibited acts under Article 10, paragraph 1, the Company may give notice afterward.

③ For smooth and stable operation of the service and improvement of service quality, the Company may collect and utilize information about members’ mobile device information (settings, specifications, operating systems, versions, etc.) excluding personal information.

④ The Company may request additional information from members for the purpose of service improvement and targeted service introduction. Members have the option to accept or refuse such requests, and if the Company makes such a request, it shall also notify the member that they have the right to refuse the request.

Article 15 (Provision of Advertisements)

① The Company may display advertisements within the eMedi Health Care service related to the operation of the service. Additionally, with the consent of the recipients, the Company may transmit advertising information through electronic mail, text messages (LMS/SMS), push notifications, or other means. In such cases, members have the right to refuse to receive such advertisements at any time, and the Company shall not send advertising information to members who have refused to receive them.

② Through banners, links, or other means provided in the services offered by the Company, members may be connected to advertisements or services provided by third parties.

③ If members are connected to advertisements or services provided by third parties as mentioned in paragraph 2, the services provided in those areas are not within the Company’s service scope, and the Company does not guarantee reliability, stability, or assume responsibility for any damages incurred by members as a result. However, if the Company intentionally or negligently facilitates damages or fails to take measures to prevent damages, this provision shall not apply.

Article 16 (Ownership of Copyrights, etc.)

① Copyrights and other intellectual property rights to the contents of eMedi Health Care services created by the Company belong to the Company.

② Members must not replicate, transmit, or utilize for commercial purposes, or allow others to utilize for commercial purposes, information subject to intellectual property rights belonging to the Company or the provider, obtained through the use of eMedi Health Care services, without prior consent, by means such as reproduction, transmission, editing, publication, performance, distribution, broadcasting, or creation of derivative works.

③ Members grant the Company permission to use the communication, images, sounds, and all other materials and information, including communication texts containing dialogues uploaded or transmitted by members or other users through eMedi Health Care applications or services (hereinafter referred to as “User Content”), in the following manner and conditions:

Use, modify, or transform the User Content into different formats (including disclosure, reproduction, performance, transmission, distribution, broadcasting, or creation of derivative works in any form, without limitation to usage period or region).
Not engage in selling, renting, or transferring User Content for commercial purposes without the prior consent of the creator of the User Content.

④ The Company shall not use members’ User Content that is not shown within the services, such as postings on general bulletin boards, without explicit consent from the member. Members may delete such User Content at any time.

⑤ If the Company determines that a member’s posting or registration of content within the service violates the prohibited acts under Article 10, paragraph 1, the Company may delete, move, or refuse to register such content without prior notice.

⑥ If a member’s legal interests are infringed upon due to information posted on the bulletin board or other sections operated by the Company, the member may request the Company to delete the information or post a rebuttal. In such cases, the Company will promptly take necessary measures and notify the applicant.

⑦ This provision shall remain effective during the Company’s operation of the eMedi Health Care service and continue to apply even after a member withdraws.

Article 17 (Purchase, Usage Period, and Use of Paid Content)

① Paid content purchased by members within the eMedi Health Care service can only be used on the mobile device where the application is downloaded or installed.

② The usage period for paid content purchased by members shall be determined according to the specified period at the time of purchase. However, in the event of service discontinuation as stipulated in Article 13, paragraph 2, the usage period for paid content without a specified duration shall be until the announced date of service discontinuation in the discontinuation notice.

Article 18 (Restrictions on Service Use for Members)

① Members must not engage in actions that violate the obligations of members as stipulated in Article 10, and if such actions occur, the Company may take measures to restrict service use, including but not limited to service use restrictions, deletion of related information (such as posts, photos, videos), and other actions. The specific reasons and procedures for service use restrictions shall be determined in the operating policies of individual services in accordance with Article 19, paragraph 1.

Partial authority restriction: Restriction of certain permissions, such as chat privileges, for a certain period.
Character usage restriction: Restriction of member character usage for a certain period or permanently.
Account usage restriction: Restriction of member account usage for a certain period or permanently.
Member usage restriction: Restriction of member’s eMedi Health Care service usage for a certain period or permanently.

② If service use restrictions under paragraph 1 are justified, the Company shall not be liable for compensating any damages incurred by the member due to the usage restrictions.

③ Until the investigation of the following reasons is completed, the Company may temporarily suspend the service use of the relevant account:

When there is a justified report of the account being hacked or stolen.
When there is suspicion of the user being an illegal program user or engaging in illegal activities.
When temporary measures are necessary for service use due to other reasons similar to the above.

④ After the investigation is completed, for paid services, the Company shall compensate the member with an extension of the usage time equivalent to the period of suspension or provide compensation in the form of paid services or cash, etc. However, this provision does not apply if the member falls under any of the reasons in paragraph 3.

Article 19 (Reasons and Procedures for Usage Restrictions)

① The Company shall establish specific reasons and procedures for usage restrictions in the operating policies, taking into account the content, severity, frequency, and consequences of prohibited acts as stipulated in Article 10, paragraph 1.

② When the Company imposes usage restrictions as provided in Article 18, paragraph 1, the following shall be notified to the member in advance. However, in cases where urgent measures are necessary, notification may be made afterward.

Reasons for the usage restriction measures
Types and duration of the usage restriction measures
Method of filing objections to the usage restriction measures

Article 20 (Procedure for Filing Objections to Usage Restrictions)

① If a member wishes to object to the Company’s usage restriction measures, they must submit a written objection letter, an email, or equivalent means to the Company within 14 days from the date of receiving the notification of the measures, stating the reasons for objection.

② The Company shall respond to the reasons for objection within 15 days from the date of receiving the objection letter, through a written response, email, or equivalent means. However, if the Company is unable to respond within this period, it shall notify the reasons and schedule for handling.

③ If the objection reasons are valid, the Company shall take appropriate measures accordingly.

Chapter 5 Revocation of Subscription, Refund of Overpayment, and Termination of Service Agreement

Article 21 (Payment of Fees)

① The imposition and payment of purchase fees for content shall generally follow the policies or methods established by telecommunication companies or open market operators. In addition, the limits for each payment method may be granted or adjusted by the Company or open market operators according to policies established by the government.

② If payment for content is made in a foreign currency, the actual amount billed may differ from the displayed price in the service’s store due to exchange rates, fees, etc.

Article 22 (Revocation of Subscription, etc.)

① A member who has entered into a contract with the Company for the purchase of paid content may exercise the right to revoke the subscription within 7 days from the later date between the purchase contract date and the content availability date, without incurring any additional fees or penalties.

② The right to revoke the subscription as stipulated in paragraph 1 shall not be available in the following cases, contrary to the Company’s intention:

Paid content that is immediately used or applied upon purchase.
Paid content for which additional benefits have been provided and those benefits have been used.
In cases where the act of opening the content is considered as using it or the utility of the content is determined at the time of opening.

③ If the Company determines that subscription revocation is not possible for certain content as specified in paragraph 2, it shall clearly indicate such fact in an easily accessible place where members can be aware of it. If providing a trial version of the content is difficult or impossible, the Company shall provide information about the content to ensure that members can exercise their right to revoke the subscription without hindrance. If the Company fails to take these measures, the member may still exercise the right to revoke the subscription, regardless of the limitations specified in paragraph 2.

④ Even if it falls within the scope of paragraph 1 and 2, a member may exercise the right to revoke the subscription within 3 months from the date the purchased content becomes available or within 30 days from the date they became aware of or could have been aware of the fact that the content has deviated from the indicated/advertised content or the terms of the purchase contract.

⑤ When a member exercises the right to revoke the subscription, the Company will verify the purchase history through platform operators or open market operators. The Company may also contact the member using the information provided by the member to verify the valid reasons for revocation and may request additional evidence.

⑥ When the revocation of the subscription as specified in paragraphs 1 to 4 takes place, the Company shall promptly retrieve the paid content from the member and refund the payment within 3 business days. In such cases, if the Company delays the refund, it shall pay interest calculated by multiplying the delay period by the interest rate specified in Article 21-3 of the “Act on Consumer Protection in Electronic Commerce, etc.”

⑦ If a minor enters into a content purchase contract on a mobile device, the Company shall provide notice that the contract can be canceled by the minor or their legal representative without consent. If a minor enters into a purchase contract without the consent of their legal representative, the minor or their legal representative may cancel the contract. However, this provision does not apply if the minor purchases the content using property for which the legal representative has granted permission within a certain range or if the minor deceives others into believing they are an adult or that they have the consent of their legal representative.

⑧ Whether the contracting party of the content purchase contract is a minor or not shall be determined based on the mobile device used for payment, information about the payer, and the name of the payment method holder. The Company may also request the submission of documents to prove the minor’s status and legal representation for the purpose of confirming a valid cancellation.

Chapter 6 Compensation for Damages and Exemption Clauses, etc.

Article 25 (Compensation for Damages)

① The Company or the member shall be liable to compensate for any damages caused to the other party due to a violation of these terms and conditions, except in cases of intentional or gross negligence.

② In the event that the Company enters into a partnership agreement with an individual service provider and provides individual services to members, the individual service provider shall be responsible for any damages incurred by members due to their intentional or gross negligence, after the member has agreed to the terms and conditions of the individual service.

Article 26 (Exemption of the Company)

① The Company shall not be liable for any failure to provide services due to force majeure or events beyond its control.

② The Company shall not be liable for any damages arising from maintenance, replacement, regular inspections, construction, or other reasons related to the service equipment. However, this exemption shall not apply in cases of intentional or gross negligence by the Company.

③ The Company shall not be liable for any service disruption caused by the member’s intentional or negligent use. However, this exemption shall not apply if there are unavoidable or justifiable reasons for the member’s actions.

④ The Company shall not be responsible for the reliability, accuracy, or any other aspects of the information or data posted by the member in connection with the service, unless there is intentional or gross negligence on the part of the Company.

⑤ The Company shall not be obligated to intervene in transactions or disputes between members or between members and third parties facilitated through the service, nor shall it be liable for any damages arising from such transactions or disputes.

⑥ The Company shall not be liable for any damages incurred by members in connection with the use of free services. However, this exemption shall not apply in cases of intentional or gross negligence by the Company.

⑦ The Company shall not be liable for any loss of expected benefits or actual losses incurred by members through the use of the service.

⑧ The Company shall not be responsible for any third-party payments resulting from the member’s failure to manage the mobile device password, passwords provided by open market operators, etc. However, this exemption shall not apply in cases of intentional or gross negligence by the Company.

⑨ The Company shall not be liable for any inability to use all or part of the content due to changes in the mobile device, changes in the mobile device number, changes in the operating system (OS) version, international roaming, or changes in telecommunication providers. However, this exemption shall not apply in cases of intentional or gross negligence by the Company.

⑩ The Company shall not be liable for the deletion of content or account information by the member. However, this exemption shall not apply in cases of intentional or gross negligence by the Company.

⑪ The Company shall not be liable for any damages incurred by temporary members through the use of the service. However, this exemption shall not apply in cases of intentional or gross negligence by the Company.

Article 27 (Notice to Members)

① When giving notice to members, the Company may use the member’s email address, electronic memo, internal messaging within the eMedi Health Care service, text messages (LMS/SMS), or other equivalent means.

② In cases where the Company needs to give notice to all members, it may do so by posting the notice within the eMedi Health Care service for at least 7 days or by presenting it through pop-up screens or other means, in addition to the notice methods specified in paragraph 1.

Article 28 (Jurisdiction and Governing Law)

These terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of Korea. In the event of a dispute between the Company and a member that leads to litigation, the court with jurisdiction under the relevant laws and regulations shall be the competent court.

Article 29 (Handling Member Complaints and Dispute Resolution)

① The Company will provide guidance within the eMedi Health Care service or its connected screens on how members can express their opinions or complaints for the convenience of the members. The Company operates dedicated personnel to handle these opinions or complaints from members.

② If an opinion or complaint raised by a member is objectively recognized as valid, the Company will promptly handle it within a reasonable period. However, if it takes an extended period to process, the Company will notify the member of the reason for the delay and the expected processing schedule through notice within the eMedi Health Care service or by giving notice in accordance with Article 27, paragraph 1.

③ In the event of a dispute between the Company and a member that is to be resolved by a third-party dispute resolution body, the Company may provide full evidence of the actions taken against the member and comply with the resolution of the dispute resolution body.