Terms of Service

Announcement: August 23, 2024

Effective Date: August 30, 2024

If you have entered into a separate agreement directly with Comu or through an agency, the contents of that agreement may differ from these Terms of Service. In such cases, the individual agreement shall take precedence.

1. Purpose and Formation of Terms

• 1.1. Purpose

These "Service Terms (Terms)" regulate the rights and obligations arising from the contractual relationship between individuals or corporations (hereinafter "Member" or "User") who wish to use Comu's (hereinafter "Company") service, which is Software as a Service (hereinafter "SaaS"), and the Company.

• 1.2. Formation of the Service Contract

By registering or using the service, the User warrants that they have read, understood, and agreed to these Terms. If the User does not agree to these Terms or lacks legal capacity under these Terms, they may not use the service.

2. Definitions

• 2.1. "Software as a Service (SaaS)": Application software provided using cloud computing technology that enables virtual integration or division of information and communication resources according to Article 2, Paragraph 1 of the "Act on the Development of Cloud Computing and Protection of Users."
• 2.2. "Application Software": Company's proprietary software specifically licensed to the User according to these Terms.
• 2.3. "Service": Products, services, media, software, and other content provided through the company's application software in SaaS form, accessible via the website or other methods provided by the company.
• 2.4. "User Information": Information accumulated in the user's account records while using the service.
• 2.5. "Personal Information": Information included in user information that identifies individuals, such as email addresses, phone numbers, and cookie information.
• 2.6. "Website": Refers to https://comu.gg.
• 2.7. "User": Individuals and organizations actually using the service.

3. Use of Service

• 3.1. Subject to the limitations in these Terms, the Company grants the User a non-exclusive, non-transferable license to access and operate the service for the period specified in the payment details.
• 3.2. One license per user account. Users must strive not to share account access information. Each account permits a single authentication and session maintenance. Actions such as multiplexing or pooling are prohibited and may lead to restrictions.
• 3.3. Service Use
  • 3.3.1. The User may use the service solely for legitimate business purposes, granted limited rights and licenses necessary to perform contracted functions.
  • 3.3.2. Unless fully owned by the User, no part of the User’s website may frame, syndicate, distribute, duplicate, or copy content to access the service directly or indirectly.
  • 3.3.3. Use is restricted to authorized users only. Unless otherwise stated, "Authorized Users" include (i) User's employees and (ii) third-party contractors ("Authorized Contractors") who do not compete with the Company and are managed by User representatives. Users are responsible for any violation of these Terms by Authorized Contractors.
• 3.4. Users grant the Company a non-exclusive, royalty-free license to access, use, reproduce, modify, utilize, display, and distribute necessary User information for service improvement and feature development.
• 3.5. Additional License Restrictions: Users may not disassemble, decompile, or reverse engineer the application software or confidential information, including:
  • 3.5.1. Converting application software into human-readable source code.
  • 3.5.2. Disassembling or decompiling application software.
  • 3.5.3. Inspecting object code to control software operation or recreate source code.
  • 3.5.4. Reverse engineering, disassembling, or decompiling.
• 3.6. Collection through automated means (crawler, scraper, bot) is prohibited, except:
  • 3.6.1. Collection for indexing by search engines.
  • 3.6.2. Other automated collection is restricted and subject to limitation.

4. Service Provision

• 4.1. Service Availability: The Company will reasonably endeavor to achieve service availability goals.
• 4.2. Support Service: Users may receive support services depending on the purchased services.
• 4.3. Free Service Provision: Users may use limited features of the service free of charge. Online customer support is also available for these free features.
• 4.4. Beta Service Provision: Occasionally, the Company may offer beta services free of charge for service improvements. Users may use these beta services at their discretion.
  • 4.4.1. Beta services are operated for evaluation purposes and are not considered part of the main "Service" under these Terms, thus may not include customer support.
  • 4.4.2. All limitations, rights, user obligations, and conditions regarding third-party software and services specified in these Terms equally apply to beta services.
  • 4.4.3. The Company may discontinue beta services at any time at its discretion.
  • 4.4.4. The Company is not liable for any damages arising from beta services.
• 4.5. Promotional Service Provision: The Company may offer specific benefits such as promotional credits, subscription discounts, or extended subscription periods. These benefits vary depending on user accounts and service plans during the promotional period, are non-transferable, and may have expiration dates.

5. Service Period, Changes, and Termination

• 5.1. Service rights are maintained from the payment date for the period specified in the payment details.

• 5.2. Service changes by the Company

  • 5.2.1. Users acknowledge that by agreeing to these terms, the Company may modify service features during the service period.
  • 5.2.2. The Company must notify users after changes, but if changes adversely affect users significantly, notification and consent must be sought at least 14 days in advance.

• 5.3. Company's right to restrict user access

  • 5.3.1. If the User or User's client causes electronic infringement, damages data, or disrupts service significantly or potentially due to violations of these terms, the Company may restrict service use.
  • 5.3.2. Access may be restricted if the User directly competes with the Company, except with prior written consent.

• 5.3.3. Upon identifying restriction reasons, the Company may require users to resolve issues within a specified period, failing which the account may be terminated.

• 5.4. Service interruption by the Company

  • 5.4.1. The Company may suspend service provision under circumstances such as:
    • 5.4.1.1. System improvements, maintenance, or unavoidable service upgrades.
    • 5.4.1.2. Blocked access to essential data sources (e.g., API service termination).
    • 5.4.1.3. Unforeseen instability such as hacking or communication disruptions.
    • 5.4.1.4. Force majeure events such as natural disasters or power outages.
  • 5.4.2. For cases 5.4.1.1 and 5.4.1.2, the Company must notify users at least 7 days before service suspension. However, cases 5.4.1.3 and 5.4.1.4 may proceed without prior notice, with immediate notice afterward.
  • 5.4.3. Notices for 5.4.1.3 must include the suspension duration.

• 5.5. The Company may restrict service access or terminate user accounts if:

  • 5.5.1. The User violates obligations defined in Article 8.
  • 5.5.2. Users previously restricted under section 5.3 fail to resolve issues within notified periods.
  • 5.5.3. Users cannot fulfill contractual obligations due to insolvency or severe difficulties.

• 5.6. Users can appeal restrictions; justified appeals may lead to service resumption and extension of the service period equivalent to the suspension duration if the user proves no intentional fault.

• 5.7. Service termination

  • 5.7.1. Upon account termination, service rights are extinguished.
  • 5.7.2. Outstanding fees must be settled before termination. Compensation is calculated after settlement in case of termination due to the Company's fault.
  • 5.7.3. Upon termination, users must immediately stop service use, delete all related content and copies, and destroy any received service components.

• 5.8. Upon termination, data recovery is unavailable after a specified period under privacy and data deletion policies.

  • 5.8.1. Unless specifically requested, user data is retained per the privacy policy and deletion policy, then deleted.
  • 5.8.2. Even with deletion requests, data required by law is retained for mandatory periods.

• 5.9. Some terms remain effective post-service termination (Articles 9, 10, 11).

6. Use of Third-Party Software

• 6.1. The service may include third-party software requiring notification obligations and additional terms of use. Users accept these additional terms when accepting the main service terms.
• 6.2. Service levels may change due to third-party software providers' circumstances, including discontinuation of the third-party software. The Company will notify users promptly of any changes unless exceptional circumstances exist.

7. Payment and Refund of Service Fees

• 7.1. If the user requires a payment method other than a credit card in special cases, the user can inquire separately. Additional administrative processing fees and time may apply.
• 7.2. Refund
  • 7.2.1. In accordance with Article 17 of the Act on the Consumer Protection in Electronic Commerce, free trials for paid services are provided; therefore, refunds are not available without a legitimate reason.
  • 7.2.2. If a legitimate reason exists, users can request a refund for fees already paid. Upon refund, the membership service will be immediately terminated, and the prorated remaining amount minus a 10% administrative fee will be partially refunded within 3-5 business days.
  • 7.2.3. If a paid user terminates their account while using the paid service, the paid service will immediately cease, and no refund will be provided. User information and service usage details for paid users will be handled in accordance with these terms, except as specified by relevant laws.

8. User Obligations

• 8.1. Users have an obligation to pay fees for paid services used.
• 8.2. Users must not violate copyright laws or related regulations, nor engage in activities against good morals or public order while using the service.
• 8.3. Users are responsible for managing their service login information, including user IDs and passwords. Users bear responsibility for issues arising from negligence in managing such information, including misuse or theft of user information or personal data of their clients.
• 8.4. Users must comply with these terms, service guidelines, notifications from the Company, and any other agreements made in relation to the service.
• 8.5. Without the Company's consent, users must not provide the service arbitrarily to third parties or transfer their contractual rights and obligations to third parties.
• 8.6. Users must promptly update account information (e.g., changes in credit card expiration dates). The Company is not liable for issues arising from the user's failure to promptly update such information.

9. Copyright Law

• 9.1. The Company respects the intellectual property rights of others and requests users to do the same. The Company will promptly respond to notices and claims regarding copyright infringement in accordance with applicable laws and the Company's copyright policy.
• 9.2. The Company has the authority to delete or block content suspected of infringement and terminate the accounts of users who repeatedly infringe upon copyrights.
• 9.3. Users may notify the Company at [email protected] if they believe copyright infringement has occurred through the service.
• 9.4. Use of Corporate Trademarks
  • 9.4.1. Regardless of service use, trademarks, trade names, logos, and other marks ("Trademarks") of the Company and users remain the exclusive property of their respective owners.
  • 9.4.2. The Company may (i) use user trademarks in product manuals, press releases, social media, and other marketing materials; (ii) quote user statements in press releases; and (iii) request consent for uses beyond those described above.
  • 9.4.3. The Company may include user trademarks in its client list for general promotional purposes.
  • 9.4.4. The Company will comply with the user's trademark usage guidelines and may request these guidelines from users.

10. Confidentiality

• 10.1. Users and the Company agree to maintain confidentiality regarding all information identified as confidential ("Confidential Information"), including technical, product, business, financial, and other details concerning the business and software of their affiliates, customers, employees, and investors.
  • 10.1.1. Confidential Information does not include personally identifiable information, which is protected according to the Privacy Policy.
• 10.2. Users agree to protect Confidential Information at all times and not to disclose, transmit, or transfer all or part of the Confidential Information to third parties. Unless explicitly stated otherwise in these Terms, neither users nor the Company will use Confidential Information for personal benefit or the benefit of third parties.
• 10.3. Upon request by either party or termination of these Terms, users and the Company must immediately provide the requesting party with all documents, notes, or physical materials (including copies) containing Confidential Information.

11. User Information Protection

• 11.1. The Company manages and protects user information in accordance with relevant laws. User information protection and usage are subject to applicable laws and the separately announced Privacy Policy. Users can review detailed policies regarding user information protection on the Company’s Privacy Policy webpage.
• 11.2. When service usage is terminated due to account termination or expiration, user information will be destroyed after a specified period as notified in the Privacy Policy.

12. Compensation for Damages

• 12.1. The Company shall compensate for damages caused to the user by intentionally or negligently causing service disruptions or failing to meet the quality and performance standards set in the service level agreement.
• 12.2. Total compensation for damages shall not exceed the total amount paid by the user for the service during the most recent payment period.
• 12.3. If the service infringes or is deemed likely to infringe on the user's rights, the Company will modify the service to avoid such infringement.
• 12.4. Users shall compensate the Company for damages caused by their intentional or negligent actions.

13. Exemptions

• 13.1. The Company is exempted from liability for damages arising from the following:

  • 13.1.1. Service interruptions due to unavoidable reasons:
    • 13.1.1.1. System improvements, facility expansions, maintenance and inspections, or other unavoidable circumstances.
    • 13.1.1.2. Blocked access to essential data sources (e.g., termination of API services).
    • 13.1.1.3. Unforeseen instability such as hacking or communication disruptions.
    • 13.1.1.4. Power outages or equipment failures.
  • 13.1.2. Service interruptions, disruptions, or contract terminations due to the user's intentional or negligent actions.
  • 13.1.3. Damages caused by telecommunications providers suspending or failing to properly provide their services when the Company is not intentionally or negligently at fault.
  • 13.1.4. Additional problems arising from the user's computing environment or network environment for which the Company is not intentionally or negligently at fault.
  • 13.1.5. Damages due to incorrect entry of user personal information or email addresses where the Company is not intentionally or negligently at fault.
  • 13.1.6. Intellectual property disputes between users or between users and third parties, for which the Company is not intentionally or negligently at fault.
  • 13.1.7. Use of services with information that could provoke infringement claims.
  • 13.1.8. User utilization of the service beyond the scope permitted by these Terms.
  • 13.1.9. Claims of infringement involving software modified by parties other than the Company.

• 13.2. The Company is exempted from liability for disputes arising between users or between users and third parties mediated through the service in the following cases:

  • 13.2.1. If the Company has not violated provisions of the "Act on the Development of Cloud Computing and Protection of Users."
  • 13.2.2. If the Company proves it was neither intentionally nor negligently at fault.
  • 13.2.3. If the Company lacks the authority or ability to control infringement by other users or third parties.
  • 13.2.4. If the Company, despite having control authority and capability, has not directly gained monetary benefits from the infringement.
  • 13.2.5. If the Company immediately stops infringement upon becoming aware of it or upon the infringement becoming evident.

14. Miscellaneous

• 14.1. The service is optimized for the Google Chrome environment. Optimal service performance may not be guaranteed in other browsers. The Company endeavors to improve service quality continuously.
• 14.2. Changes to Terms: These Terms may be modified. Both current and previous Terms will be accessible on the Company's website at any time upon user request.
  • 14.2.1. In case of amendments, the Company will notify users via email, including the effective date and reasons for the amendment, from 7 days (30 days for significant changes) prior to the effective date until the day before. If individual notification via email is impossible due to address changes or undeliverable emails, notification is considered fulfilled once the Company attempts to notify via email.
  • 14.2.2. Users may reject amended Terms. If the user does not explicitly reject amendments by the effective date after being informed, the user is considered to have agreed to the amendments. Users rejecting the amendments may choose to terminate their accounts.
• 14.3. Transfer Restrictions: Neither the Company nor users may transfer or pledge any rights and obligations arising from these Terms to third parties without prior consent.
• 14.4. Use of Third Parties: The Company may use third parties, including affiliates and subsidiary employees, to fulfill its obligations and provide services outlined in these Terms.
• 14.5. Jurisdiction: In case of disputes arising between the Company and users, jurisdiction shall be determined according to the Korean Civil Procedure Act. If either party is a foreign business entity, Korean courts shall have international jurisdiction.
• 14.6. Governing Law: The formation, validity, interpretation, and implementation of this agreement shall be governed by the laws of the Republic of Korea.