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MiriCanvas Terms of Use (Effective Date: May 26, 2024)

 

<Chapter 1 General Provisions>

 

Article 1 (Purpose)

This terms and conditions set forth the conditions for your use of online, mobile and website services of MIRI D.I.H Co., Ltd (hereinafter “Company”), MiriCanvas (hereinafter “Service”) and Web Editor (hereinafter “Editor”), as well as the rights, obligations, responsibilities, etc. between the “Company” and the “User”. 

These terms and conditions apply to visitors, non-members, members, providers, contributors (CP), etc. who access to the Company’s “Service” (hereinafter “User”), which includes any future modification or the below terms and conditions including modifications.

  1. Privacy Policy
  2. License Agreement 
  3. Miricanvas AI Tools Terms

 

Article 2 (Effect and Modification of the Terms and Conditions)

  1. These terms and conditions have an immediate effect, and it is deemed that you have agreed to the policies of the “Company” including these terms and conditions, privacy policy, copyright policy, etc. at the time of your access to or use of the “Service” of the “Company”. 
  2. The “Company” may modify these terms and conditions without prior notice, to the extent that such modification does not violate applicable laws. 
  3. The “Company” notifies the modified terms and conditions with effective date and  reasons for modification through the website “Service” notice of the “Company” and email seven (7) days before the application, and by doing so, it is deemed that the “User” has agreed to such modification and such modification is applied, which will be subject to an immediate effect. 
  4. If the modified terms and conditions contain disadvantageous information to the “User”, the “Company” shall notify the modification at least thirty (30) days before, and has an obligation to specify in the website so that the “User” may easily find out about it. 
  5. The “User” may delete the account and terminate the membership if the modified terms and conditions are not agreeable, and the “User” is deemed to have agreed to the modifications if the “User” uses the “Service” after the effective date of the modified terms and conditions. 
  6. The “Company” is not responsible for any damages incurred where the “User” did not recognize the modified terms and conditions which the “Company” had notified or specified through the “Service” of the “Company”. 

 

 

 

Article 3 (Definition)

  1. “User” means non-members, members, contributors (CP), providers, etc. who use the “Service” of the “Company”, including an individual, businessperson, business entity, etc. 
  2. “Member” means a “User” who is given an account to use the “Service” of the “Company” after entering into a “User Agreement” with the “Company”. 
  3. “Free Membership” means any member who is not under a paid membership, which is basically given to all members after registration. 
  4. “Paid Membership” means a member who uses paid “Service”. 
  5. “User Agreement” means an agreement made between the “User” and the “Company” for use of the “Service” provided by the “Company”, which has the same meaning as “registration/sign up”. 
  6. “Family Service” means other “Services” run by the “Company”, including Bizhows, Smilecat, etc.
  7. “Paid Service” means that a “Member” pays a certain charge to use a “Service”. 
  8. “Payment” means the payment of a certain amount determined by the “Company” through various payment methods, which is made by a member to use a certain “Paid Service”. 
  9. “Regular Payment” means a “Payment” method that the monthly/yearly subscription fee for the use of “Paid Service” by the “Member” is regularly paid through the pre-registered payment method, where the subscription period will be automatically renewed.  
  10. “Termination” means that the “Member” terminates the “User Agreement” made with the “Company”, which has the same meaning as “deleting the member account and terminating the membership”. 
  11. “Contents” includes the “Design Elements”, “Template” and metadata such as each keyword, name, description, etc. 
  12. “Design Elements” means any and all paid or free data provided by the “Company” for the “User” to use with the “Editor” such as pictures, bitmap images, vector images, GIF animations, icons, lines, shapes, illustrations, fonts, videos, sound sources, etc. 
  13. “Template” means data where more than two (2) “Design Elements” are combined, which the “User” may edit or use with the “Editor”. 
  14. “User Design” means data which the “User” directly edited or saved using the “Editor” provided by the “Company”. 
  15. “Derivative Work” means any and all works created by the “User” for web postings or printing, using the “User Design”. 
  16. “Partner” means a person who may be authorized by the “Company” for the sale and resale of the “Service”, or a solution developer or a “Service” provider who has obtained permission from the “Company” for providing a “Service” in a composition of “MIRI Canvas” and other “Services”. 

 

 

 

Article 4 (User Agreement) 

  1. The “User” may request a “User Agreement” through “registration” to use the “Member”-only “Service” provided by the “Company”. 
  2. The “User Agreement” immediately has an effect upon the approval of the “Company” of the service to request information registered at the time of registration for the “Service”, which is deemed to have agreed to the terms and conditions, license agreement, and privacy policy at the same time. 
  3. In order for a "Member" to use part of the "Service", such as ordering print materials, the "Member" must sign up for "Family Service" and be subject to the terms and conditions of the "Family Service".
    1. "Family Service" account with the same email as the "Service" account is considered to belong to the same "Member". According to the terms of the "Family Service", the accounts will be interconnected and may share designs and orders.
    2. If a "Member" terminates his/her "Service" terms of use, the "terms of use" to the linked "Family Service" account will also be terminated.
    3. A "Family Service" account that has been terminated pursuant to this Article may be re-registered as a new member in accordance with the registration procedures and related provisions set forth in the "Family Service" Terms.
  4. The “Company” may differentiate the use of the “Service” by classifying “Members” who use the “Service” by grade. 
  5. The “Company” may at any time modify these terms and conditions or the “License Policy” at its discretion, and may apply additional conditions to all “User Design” and “Contents” of the “Service” where the “User” downloads, uploads, posts or prints. 
  6. The “Company” may cancel or reject the following applications:
    a. where the “User” requesting for the “Registration/Sign Up” has previously lost his/her membership in accordance with this terms and conditions;
    b. where the “Registration/Sign Up” is illegally made with someone else’s name;
    c. where false information is entered or required information by the “Company” is not entered at the time of “Registration/Sign Up”;
    d. where the approval is not possible due to reasons attributable to the application for “Registration/Sign Up”;
    e. where the “Registration/Sign Up” is made in violation of other rules and policies of the “Company”.

 

Article 5 (Personal Information Protection)

  1. The “Company” has an obligation to protect the information of the “Member” pursuant to the privacy policy and other applicable laws and regulations. 
  2. The “Member” shall be cautious of the account information leakage including password, email, etc., and the “Company” is not responsible for any disclosed information due to the fault of the “Member”. 
  3. The “Company” may provide the personal information of the “Member” to a third party to the extent permissible by the law in the following cases:
    a. where the “User” consented in advance;
    b. where such information is required for the purpose of statistics, academic research or market survey and is provided in an anonymous, unidentifiable form;
    c. where there is assignment•merger of business (provided, that in case the transfer of personal information of the “User” is required due to the transfer of the business, etc., the “Company” shall notify such transfer of personal information in advance pursuant to the procedure and method stipulated by the relevant laws and regulation, and grants the “User” a right to withdraw his/her consent to such transfer of personal information.);
    d. where required by the law or the investigation agency for the purpose of investigation. 

 

Article 6 (Member’s Account) 

  1. The “Company” creates an independent account to a “User” who obtains a “Membership” after making a “User Agreement” pursuant to these terms and conditions, and puts the email address entered by the “User” to the “Email Account”. 
  2. The “Company” grants a right to use “Service” within the permitted scope of the “License Policy” of the “Company” to the paid or free account of a “Member” who entered into a “User Agreement”. 
  3. The “Member” may terminate the “User Agreement” through the registration termination menu provided in the “Service” by the “Company” or the customer center. 
  4. The “User” shall provide accurate and complete information when creating an account, and the “Company” may maintain or change the personal information of the “User” or the “Member” according to the privacy policy pursuant to the applicable laws and regulations. 
  5. The “User” cannot use the account of another “User” without permission, and cannot claim any rights for infringement of rights and security issues regarding the “Service” in case where another person’s information is illegally used or false information is registered, and may be subject to civil liability for damages or criminal penalties pursuant to applicable laws. 
  6. The “Company” may delete the account of the “Member” who entered into a “Use Agreement” by illegally using another person’s information (another person’s name, email), and the “Member” will solely be liable for such activity. 
  7. The “Company” may change or terminate the email account of the “User” for the following reasons:
    a. where the email account of the “User” may potentially infringe privacy of another person by including personally identifiable information;
    b. where the email account of the “User” contains information that may be hateful or promote social anxiety;
    c. where the email account of the “User” has the same name as the “Company”, the “Service” of the “Company” or the “Service” operator, or may potentially be mistaken so;
    d. where the email account of the “User” is reasonably concerned to raise other legal issues or social disputes. 
  8. Any de facto/legal liability for any dispute arising out of the activity of the “Member” account solely lies with the “Member”, and the “Company” does not bear any responsibility, therefore, the “Member” shall keep the account password safe and secure. 
  9. The “Member” should not allow any other person to access to the “Service” or use the “Service” by using the unique username, password or other security code of the “Member”, and the “Member” shall immediately notify the “Company” for any violation of security or other unauthorized use of the account. 
  10. The “Member” is responsible for managing the account and password of the “Member”, and the “Company” is not responsible for any damages by the negligence of the “Member” in managing the email account or the password, including illegal use by a third party. 
  11. The “Company” is not liable for any damage for unauthorized use of the account, and recommends that the “Member” sets a strong password for his/her account. 

Article 7 (Notification and Announcement to Member)

  1. When the “Company” has an announcement for the “Member”, the “Company” may individually notify through the contact information such as email address or telephone number provided by the “Member”, or through an app with a pop-up message, or notification, etc. However, in cases where the individual notification is not possible due to the “Member” not providing contact information, changing such information, deleting or not using the app, etc., the “Company” may substitute the individual notification by announcing in the message board, etc. of the “Company” for more than seven (7) days.  
  2. For notice to all “Members”, the “Company” may replace the individual notification by announcing the notice in the message board of the “Company” for more than seven (7) days. However, for matters that may significantly impact the transaction of the “Member”, the individual notice may be sent pursuant to the above paragraph 1. 
  3. If the “Company” made an announcement or sent an individual notice, specifying that the “Member” would be deemed to have agreed to the announcement or notice if the “Member” does not express intention for rejection by a certain date, and if the “Member” did not explicitly express intention for rejection, the “Company” considers that such Member has agreed to such announcement or individual notice on that certain date. 

Article 8 (Modification and Termination) 

  1. If a “Member” wants to terminate the “User Agreement”, the “Member” shall terminate the registration using the menu within the “Service”, and if such menu within the website is unavailable, termination may be available through the Customer Center. 
  2. In the event that the "Service" terms of use between the "Member" and the "Company" is terminated due to the "Member"'s termination of the "Service" terms of use, deprivation of membership, etc., the "Company" may delete the "Member"'s information and all information related to the "Member" (including all records of the linked "Family Service" account) in order to maintain a better "Service" environment, except as otherwise provided in this Agreement and applicable laws and regulations.
    Therefore, the "Member" shall separately backup or save the information that needs to be kept prior to the termination of the "Service" terms of use, and the "Company" shall not bear any responsibility for deleting all information related to the "Member" after the termination of the "Service" terms of use. 
  3. “Member” may not be able to cancel his/her terms of use to the "Service" if there are certain reasons which prohibit the cancellation of the "Family Service" account linked to the “Member”’s "Service" account.
    1. If the "Family Service" account linked to the "Service" account the “Member” requested to cancel has orders that have been delivered within seven (7) days.
    2. If there are pending/paid orders in the "Family Service" account linked to the "Service" account the “Member” requested to cancel. 
  4. A "Member" who has been terminated pursuant to this Article may rejoin as a new “Member” in accordance with the registration procedures and related provisions set forth in these Terms. However, if the “User” who applies for re-registration after the termination of the terms of use pursuant to Article 11.8, the "Company" may restrict his/her re-registration for a certain period of time

 

Article 9 (Service Hours)

  1. The “Company” operates the “Service” to be available for everyday, twenty four (24) hours, regardless of holidays in principle, however, the “Service” may be suspended without a separate announcement or notice where there is an expected work to complement or improve the “Service” or a technical problem has occurred. 
  2. The “Company” may temporarily suspend the “Service” without a separate announcement or notice where there are unavoidable reasons such as emergency system check, extension, change, etc., and the current “Service” may completely be stopped by a reasonable cause. 
  3. The “Company”, where normal provision of the “Service” is unavailable due to a national emergency, blackout, facility failure or outburst of the use of the “Service”, etc., may announce the cause and duration to the “Member” before or after the event and may restrict or suspend the “Service” in part or as a whole. 

 

Article 10 (Scope of Service Usage Restrictions)

  1. The “Company” may immediately delete the contents of the “User” or other contents of the “User” or “User Design” uploaded by a “Member” without a prior notice, if the “User Contents” or activity of a “User” or a “Member” falls under any of the prohibited use hereunder. 
  2. The “Company” may change the “Service” or cease to provide “Service” or function to the “User” or the “Member” without a prior notice, and such “User” or “Member” is bound by this terms and conditions and the “License policy” even with such cessation of “Service” or a function. 
  3. Any “User” whose account was terminated for whatsoever reason should obtain a prior approval of the “Company” before creating another account, and if another account is created without an approval of the “Company”, the “Company” may permanently block the “Service” to such “User”. 
  4. The “Company” has a right to monitor disputes between “User” or “Member”, but has no obligation to do so. 
  5. The “Company” is not responsible for any dispute between “Users” or “Members”, and the “User” or the “Member” shall be responsible for such dispute. 
  6. The “Company” may restrict the use of “Service” by a “Member” or a “User” for unavoidable reasons such as the company’s facility, technical problems or other matters due to the fault of the “Company”. 
  7. The “Company” may restrict the use of “Service” to a “Member” upon request for corrective measures by public agencies including Korea Communications Commission, etc. 
  8. The “Member” shall comply with applicable laws, this terms and conditions, user policy, “Service” use guidance, instructions notified in relation to the “Service”, other notice by the “Company”, etc., and should not conduct any activity that may hinder the business of the “Company” or any of the followings:
    a. Provision of false information during registration or information change;
    b. Attempt of abnormal registration during an event participation or prevention of “Service” provision;
    c. Illegal use of another person’s information by collecting, saving, disclosing or stealing;
    d. Transfer or assignment of right to use “Service” or other contractual status to another person;
    e. Use of the “Service” through an abnormal route such as use of illegal program to circumvent the technical security measures etc., in violation of the Copyright Act;
    f. Copying, modifying, distributing, assigning, renting or allowing another person to use the “Service”, contents or part of its software without the consent of the company, or duplicating, disassembling, copying or modifying the “Service” such as reverse engineering of the software or attempt to extract source codes, etc.
    g. Impersonation of the “Company” or an operator or an employee of the “Company” or illegally using relevant information
    h. Modification or transfer of the information posted in the “Service” by the “Company”
    i. Infringement of the intellectual property rights of the “Company” and any other third party including copyright, trade secret, patent right, etc.
    j. Disclosure of the “Service” at a public place without a personal purpose, or use of the “Service” for a purpose of profit
    k. Distribution of false information in relation to the “Company” or the “Service” or abnormal use of “Service” for a personal financial benefit
    l. Harassment, threatening, or harming the reputation of the “Company”, other “Member” and other third party.
    m. Disclosure or posting of obscene or violent messages or any other information against public order and good morals
    n. Business interference through abusive, violent languages, sexual harassment, repetitive claims
    o. Illegal activity violating the current laws and regulations
    p. Any other act that hinders the sound operation of the “Service” of the “Company” 
  9. For any prohibited act of the “Member” as specified in the above paragraph, the “Company” may take appropriate measures based on the severity of such act such as restriction on the use of “Service” including suspension/termination, etc., filing a case to an investigation agency, etc. 

 

Article 11 (Copyright and Use of Contents)

Copyright of all “Contents” provided by the “Company” or the “Service” belongs to the original owner who created such “Contents”, and is the exclusive asset of the “Contents” provider or the “Company”. The “Member” should use the “Contents” provided by the “Service” in accordance with the license policy (link). The “Member” is solely liable for any disputes arising out of violation of the license policy, and should settle such disputes with his/her responsibility at his/her cost. 

 

Article 12 (Company’s Obligations)

  1. The “Company” repairs and restores the facilities without delay in case of a facility failure, to provide a consistent and stable provision of the “Service”. 
  2. The “Company” publicly announces the Privacy Policy and adheres to it. 
  3. The “Company” has an obligation to make a reflection or improvement regarding the opinion, claim, recommendation, etc. raised by the “User” or the “Member” through proper procedures, which are determined to be reasonable, and in case where the immediate reflection or improvement is not doable, the “Company” will notify the “User” of the cause and expected timeline. 
  4. In cases where the “Service” should temporarily be suspended due to the scheduled work for improvement or supplementation of the “Service”, it will be notified to the “Member” or the “User” through the “Service” of the “Company”.

 

Article 13 (Member’s Obligations)

  1. The “Member” shall enter all information at the time of registration or change of the member information based on the fact; in case where it was found that a false information or someone else’s information was used, the “Member” may not claim any rights related to the use of the “Service”.
  2. The “Member” shall comply with this terms and conditions, other rules and policies of the “Company”, announcement made by the “Company” and all other applicable laws, and should not do any act which hinders the business of the “Company”, harms the reputation of the “Company”, or any other act that causes damage to other people. 
  3. The “Member” shall comply with relevant laws including the Youth Protection Act, etc. and may be criminally penalized in case of a violation. 
  4. The “Member” shall manage the email ID and password given to the member, and is responsible for any matter caused by the member’s fault in such management. 
  5. The “Member” may not conduct any business activities using the “Service” without the prior approval of the “Company”, and will be liable for any consequences thereof. 
  6. In case where a “Member” conducts a business activity using the “Service” of the “Company” without a prior approval of the “Company” and causes any damage to the “Service” of the “Company” as a result of such business activity, the “Company” may restrict use of “Service” by the “Member” and may request compensation for damages through legitimate procedures. 
  7. The “Member” shall not transfer or assign the rights for use of “Service” and other status under the “User Agreement” without an express consent of the “Company” and may not provide it as a collateral. 
  8. The “Member” shall not infringe any intellectual property rights of the “Company”, affiliates of the “Company”, contributor (CP), provider, or any other third party including an individual or business entity. 
  9. In case where the “Member” conducts any act under Article 11 of this terms and conditions (Service Use Restriction), the “Company” may take appropriate restrictive measures to the “Member” including limitation on the use of “Service”. 
  10. The “Member” allows the “Company” to post the “User design” using the “Service” on the website, social media, etc. of the “Company” for the purpose of sharing use cases. 
  11. The “Member” allows the “Company” to save the data and user design entered in the course of “Service” use for the purpose of quality control, performance improvement, advancement and optimization of the “Service” to the “User”. 
  12. The “Member” expressly consents that any feedback by the “Company” or the agent of the “Company” in relation to this “terms and conditions” or the “License policy” should be used to interpret this “terms and conditions” and not a legal advice. The “Company” cannot provide any legal advice to the “Member” or the “User”, and expressly denies any liability regarding the feedback provided by the “Company” or the agent of the “Company”.

 

<Chapter 2 Paid Service Terms and Conditions>

 

Article 14 (Paid Service User Agreement) 

  1. The "Paid Service" User Agreement shall be established by the "Member"'s consent to the Terms of Use of the "Paid Service" and the "Company"'s approval of the "Member"'s application to use the "Paid Service". 
  2. “Paid Service” is categorized as Pro and Enterprise schemes, and the details are available at the homepage. The “Service” and the level of provision by the “Company” is determined based on the product choice of the “Member”. 
  3. The “Company” provides information through the purchase page to ensure that the “Member” correctly understands the below items and makes a transaction without a mistake before making payment for the “Paid service”.
    a. Detail, price, term of use, method of use, termination condition for “payment” and “regular payment” and the method thereof, refund details and matters related to choosing a “paid service”
    b. For “Contents” that are not subject to withdrawal (refund), confirmation of the measures taken by the “Company”
  4. In cases where there are events prescribed in Article 8 of these terms and conditions (Modification and Termination), the “Company” may not approve the application for “Paid Service” or reserve such approval. 
  5. The “Member” shall enter the information which corresponds to the current fact at the time of application for the “Paid Service”, and correctly choose the payment method for the “Paid service” which the “Member” intends to use and the accurate payment information required for such chosen payment method to the “Company”. 
  6. The “Member” shall immediately notify the “Company” of any changes in the information as specified in the above paragraph 5, and the “Company” should reflect such changes without delay.
  7. The “Company” may determine the transaction limit of each “Member” such as monthly accumulated payment amount, payment limit, etc. pursuant to the internal policy or policies of external payment vendors (PG companies, banks, etc.) or other relevant laws in relation to the transactional amount of a “Member” who uses the “Paid Service”, and such “Member” may not be able to additionally use the “Paid Service” if such “Member” tries to use the “Paid service” exceeding the transaction limit set by the “Company”. 
  8. The “Company” may change the details of the “Paid Service” (price, “Service” detail to be provided, etc.) as operationally or functionally required, and makes a prior notice to the members on the paid membership pursuant to Article 7. 
  9. Any “Member” who made an agreement to use the “Paid Service” through a “Partner” is subject to the use agreement provided by such partner. 

 

Article 15 (Payment Method) 

  1. In principle, the charging and payment of fees for the "Paid Service" shall be in accordance with the policies and methods set by mobile operators or App Market Providers, etc. In addition, the limits for each payment method may be imposed or adjusted in accordance with the policies set by the "Company", App Market Providers, payment companies, or government policies.
  2. If the “Member” pays for the "Paid Service" in foreign currency other than Korean Won(KRW), the payment will be automatically converted at the exchange rate at the time of payment, and the actual amount charged may differ from the price displayed on the "Service" due to exchange rates and fees. 

 

Article 16 (Special Clause for Use Agreement with a Minor)

Payment of a minor “Member” under nineteen (19) years of age should in principle be made under the legal guardian’s name or with such guardian’s consent, and the guardian may cancel the agreement of his/her child (minor) made without his/her consent. Provided,that the agreement without the legal representative’s consent may not be canceled in case where the minor “Member” made the “Company” believe that such member is an adult by using tricks such as using the payment information without consent with another adult’s resident registration number, etc. 

 

Article 17 (Payment Scheme Change)

  1. The “Member” may change the payment scheme at any time, but as it is paid in advance, refund or compensation for the remaining period is not available. 
  2. If the change is made to a lower grade product, all benefits provided under the previous product (discount, “Service” detail, etc. hereinafter “previous benefit”) extinct, and the “Company” may claim compensation for any damage incurred to the “Company” by the act of the “Member” such as inappropriate use of benefit, etc. 
  3. When the “Paid Service” is provided by the “Company” through a “Partner”, it will be subject to the policy of such “Partner”. 

 

Article 18 (Withdrawal, Refund and Cessation of “Paid Service” Regular Payment)

  1. A “Member” may request cancellation of payment (withdrawal of the offer) to the “Company” within seven (7) days after payment of unused “Paid Service” (including creation of a document, download, upload, etc.) to the “Company”. 
  2. Except for the refund obligation of the “Company” due to the willful misconduct or negligence and withdrawal of the offer pursuant to Article 19, paragraph 1 of this terms and conditions, any refund for the unused period due to the change of mind, not understanding, negligence in payment by the “Member” cannot be made. 
  3. Withdrawal of offer and refund should be requested via Customer Center (miricanvas@miricanvas.com).
  4. After the "Company" confirms the application of the “Paid Membership” for withdrawal of subscription, and if there is a refund amount,  the "Company" shall, in principle request the payment method provider to suspend or cancel the charge within three (3) business days from the date of receipt of the expression of intent of the “Paid Membership”, and refund to the same payment method paid by the “Paid Membership”. However, if the "Paid Service" is paid through an app market provider, the "Company" cannot proceed with the refund according to the policy of each market provider. Therefore, the “Member” must request payment cancellation (withdrawal of subscription) through the customer center of each App Market Provider. In addition, if the "Company" notifies the "Paid Membership" by e-mail or on the website of the "Service" in advance, there may be differences in the refund method and refund period for each individual payment method, as described in each of the following cases.
    a. For payment methods which requires confirmation of payment such as credit cards, within three (3) business days
    b. Any refund that exceeds a certain period for suspension or cancellation of fee, determined by the payment vendor with the “Company” in advance
    c. Failure of “Member” to provide information required for refund without delay (e.g., not providing a copy of bankbook or identification card for a cash refund, or providing an account under someone else’s name)
    d. When the “Member” expressly showed an intention 
  5. A “Member on a Paid Membership” may use the “Paid Service” for the remainder of the “Paid Service” period when suspending a regular payment.
    a. Suspension of regular payment should be applied via a menu provided in the “Service” website, and will be immediately in effect upon application.
  6. The “Company” may make a refund after deducting additional expenses or fees to be borne by the “Company” pursuant to the “Content User Protection Policy”, made under Article 28 of the Cultural Industry Promotion Act. 
  7. The “Company” does not bear any responsibility to make a payment refund to the “Member” for any “Paid Service” that is not directly by the “Member”, i.e., provided by gift or obtained for free via a promotion, etc. 
  8. In case of breach of obligation of the “Member” under this terms and conditions, the “Company” may take measures such as termination or cancellation of the agreement, restriction on the use of “Service”, claim for damages, etc., and will make a refund for remaining payment to be returned after termination with reduction of amount to be borne by the “Member”. Such “Member” may appeal against the measure taken by the “Company” pursuant to the procedures set by the “Company”, and the “Company” may resume the “Service” if such appeal is reasonable, and if the “User” proves that there was no intention or negligence, the “Company” shall extends the “Service” period for the suspended time. 
  9. For any paid “Service” under a monthly regular payment based on the application or consent of a member under a “Paid Membership”, the membership may be terminated automatically on the same day when the “Paid Service” fee is failed to be paid, therefore, any member who wishes to keep the paid service should take appropriate measures in advance so that no arrear in payment of the fee or the payment scheme would occur. 
  10. If the “Member” using the “Paid Service” deletes the account and terminates the membership, such service is immediately terminated and no refund is available. In this case the information and “Service” use details of such members will be handled by these terms and conditions unless otherwise prescribed by the law. 

 

Article 19 (Overcharge)

  1. If an overpayment occurs during the payment process of the "Paid Service", the "Member" shall request a refund from the "Company" or the App Market Provider. The refund of the overpayment shall be made in accordance with the refund policy of the App Market Provider or the "Company". However, depending on the policies and systems of the App Market Provider, the "Company" may request the App Market Provider to fulfill the necessary refund procedures. In addition, communication charges (call charges, data call charges, etc.) resulting from downloading the App or using network services may not be eligible for refund. 
  2. If an overcharge is due to the reason attributable to the “Company”, the entire amount shall be refunded. However, if such overcharge has incurred due to the member’s liability, such member should bear the cost for making a refund by the “Company” to the reasonable extent, and the “Company” may refund the overcharge after deducting such cost. 
  3. The “Company” may reject a refund request by “Member” based on the claim of overcharge, if the “Company” proves that the payment of “Paid Service” has been duly charged. 
  4. The details and other matters in relation to the refund of the overcharged amount will be subject to the [Content User Protection Policy] as below:
    a. If the “Company” or “Member” is aware of the overcharge, it will be notified to the other party by the method proposed by the company such as email, “Service” website, etc.
    b. The “Company” requests information required for refund to the “Member” (name, proof of payment, phone number, bank account information, etc. hereinafter “Refund Information”)
    c. The “Member” provides the refund information to the “Company”
    d. The “Company” processes the refund within seven (7) days from the date of receiving such “Refund Information” (if the “Member” consents, it may be offset from the next fee)

Article 20 (Use of Free Trial)

  1. “Free Trial Service” means that a trial by a “Member” for a certain period of time after registration for the “Free Trial Service” to experience functions of a “Paid Service”, before making any payment for a “Paid Service”. 
  2. Upon expiration of the “Free Trial Service” period, such “Paid Service” shall be used after payment. If payment is not made within a specified period, the “Service” will be suspended and the “Company” may delete any data created by the “Member” using the “Free Trial Service”. 
  3. If “User” accesses the "Trial" "Service" through an app market provider, the “User” may be limited to one (1) "Trial" "Service" per app store account, subject to the app market provider's policies.

 

 

<Chapter 3 Miscellaneous>

 

Article 21 (Advertisement and Business with the Advertiser)

  1. The “Company” may provide various information which the “Company” considers to be helpful for the use of “Service” by the “Member” via different methods such as notice, email, etc. The “Member” at any time may reject the email subscription except for the transactional information pursuant to relevant laws, answers to the member’s query, etc. The email subscription may be rejected by clicking the subscription rejection link in the email or through a menu provided in the “Service”. 
  2. The “Member” or “User” is deemed to have consented to the advertisement exposure within the “Service” of the “Company” during the term of the “Service”.
  3. The “Company” does not warrant any product or service advertised or provided by the advertiser or any other third party in the “Service”. 
  4. The “Company” is not responsible for any loss or damage incurred due to the participation, communication, or transaction made by the “Member” in relation to the advertisement of the advertiser which is posted within the “Service” or exposed by the “Service”. 

 

Article 22 (Disputes)

  1. If necessary, the “Company” may convene and operate a meeting to handle compensation for damages to deal with reasonable opinions or complaints raised by a “Member”, a “User” or a “Provider”. 
  2. The “Company” will make a prioritized endeavor to handle reasonable opinions or complaints raised by a “Member”, a “User” or a “Provider”, and if an expedited handling is not available, the “Company” provides the cause thereof and scheduled timeline to the “Member” or the “User”. 
  3. Where there is a request for remedy of damage in relation to an e-commerce dispute between the “Company” and a “Member” or a “User”, it may be subject to the mediation by an institution referred by the Fair Trade Commission, Mayor of a city or Governor of a province. 

 

Article 23 (Company’s Indemnification)

The “Company”, to the maximum extent permitted by the applicable laws, will not be liable for any following loss or damages:  

  1. Any loss or financial damages incurred by Act of God, war, or any other similar Force Majeure where the “Service” cannot be provided 
  2. Any loss or financial damages incurred by the key telecommunication business operator’s suspension of the telecommunication service or where such service is not normally provided 
  3. Any loss or financial damage incurred by unavoidable reasons such as repair, replacement, regular inspection, construction, etc. of the “Service” facilities 
  4. Any loss, financial damage, or “Service” use failure due to the fault of a “Member” or a “User”
  5. Any loss or financial damage incurred by an error of a compute, or the incorrect personal information and email address entered by a “Member” or a “User”
  6. Any loss or financial damage incurred by the information or data which a “Member” or a “User” obtained through the “Service”
  7. Any physical/mental damage suffered by a “Member” or a “User” caused by another “Member” or “User” in using the “Service” 
  8. Any loss or financial damage incurred by an error, mistake or incorrectness of the information provided via the “Service” such as various contents, posts, etc. 
  9. Any loss or financial damage incurred by an infringement by a “Member”, where the “User Contents”, posts, uploaded data used in the “User Design” infringes another person’s copyright, intellectual property right, or moral rights 
  10. Any loss or financial damage incurred by infringement of a third party’s right due to the out-of-scope use by the “User” of the contents, design elements, templates, etc. provided by the “Company” 
  11. Any loss or financial damage incurred by a dispute between the “Users” or a “User” and a third party through the “Service”
  12. The “Company” is not responsible for data loss, physical/mental loss, damages by business suspension, etc. of the “User” from not being able to use MIRI Canvas, which is caused by the “Service” failure or telecommunication failure of the “Company”  
  13. The “Company” may change the contents, software, posts, etc. of the website without a prior notice. 
  14. The “Company” is not responsible for any damage incurred by not checking applicable laws, changes in this terms and conditions, member notice, etc. 
  15. The “Company” is not liable for any damage incurred in relation to the free “Service”. However, this does not apply when such damage is due to the intention or gross negligence of the “Company” 

Article 24 (Compensation)

A “Member” should bear all the cost related to the financial damage incurred to and the legal dispute initiated against the “Company”, the “Service”, “Provider”, officer, employee, agent, or contractor as below, or breach of this terms and conditions or violation of the relevant law in relation to the contents, account or “Service” use of the “Member”. 

  1. Any damage incurred by an illegal access attempt or such access to the “Service” 
  2. Any damage incurred by an act of breach of this terms and conditions or the “Use agreement” 
  3. Any damage incurred by violation of the scope of use under the “License policy” of the “Company” 
  4. Any damage incurred by an infringement of privacy or a third party right including intellectual property rights 
  5. Any claim or damage in relation to a dispute caused by the “User Element” or “User Contents” posted or used by a “Member” or a “User” 

 

Article 25 (Jurisdiction and Governing Law)

  1. If the law prescribes matters that are not set forth in these terms and conditions, such law will be applied. 
  2. The court which has jurisdiction over the address of the “Company” will have jurisdiction over the disputes regarding the use of the “Service” of the “Company”. 
  3. The laws of the Republic of Korea will be applied to the legal actions between the “Company” and the “User” or the “Member”.

Addendum

  • Announcement date: April 26th, 2024
  • Effective date: May 26th, 2024

 

> See previous Terms of Use

 

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