Terms of Service

These Terms of Service (“Terms”) govern your use of Korea Smart Authentication Corp (“Company” or “KoSAC”) services (“Services” or “Defora”), and any information, text, photos or other materials uploaded, downloaded or appearing on Defora (collectively referred to as “Content”). Before using  Defora, you are required to read, understand, and agree to be bound by these terms. Please be advised that by signing up for Defora, you accept our Privacy Policy and our Terms, so please read them carefully. 

1. Your Agreement with KoSAC

     1.1. Choice of Law

Your relationship is with KoSAC, a South Korean company, and you agree to be bound by the laws of South Korea.

     1.2. Terms of Service

Any information you provide to Defora is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, with laws as applicable to the jurisdiction. As part of providing Services for you to use Defora, we may need to send you certain communications, such as service announcements and administrative messages.

     1.3. Acceptable Use

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non- automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

2. Basic Terms

     2.1. Eligibility

This is a contract between you and KoSAC. You must read and agree to these terms before using the Company Service. If you do not agree, you may not use the Service. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post or display on any Group will be able to be viewed by other users of the Services who have the right to submit, post, or display on the same Group. You should only provide Content that you are comfortable sharing with others under these Terms. You may use the Services only if you agree to form a binding contract with Company, and use its Services in compliance with this Agreement and the laws of the applicable jurisdiction.

     2.2. Changes to the Service

Our Services evolve constantly. As such, the Services may change from time to time at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.

3. Your Content

     3.1. Ownership

You retain all rights and ownership of your Content. Defora may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted or any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, posts that have been mislabeled or are otherwise deceptive. Under no circumstances will Defora be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage to any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. 

     3.2. Access Credentials and Recovery Phrases

You are responsible for safeguarding the Access Credentials (PIN, Face/Touch ID) and Recovery phrases that you use to access and recover the Services and for any activities or actions under your account. We encourage you to write them in hand and store them where only you can access. Defora cannot and will not be liable for any loss or damage arising from your failure to comply with the access credentials and recovery phrases.

     3.3. Restrictions on Content and Use of the Services

Your right to access and use our Services is limited in that you are except as expressly stated otherwise in these Terms not allowed to:

  • Discuss or incite anything unlawful, misleading, malicious, or discriminatory.
  • Defame, harass, threaten, or otherwise violate the legal rights (including but not limited to the rights of privacy and publicity of other users of the Services). 
  • Post any image or language that is offensive, pornographic, contains nudity, harmful, inaccurate, and threatening or otherwise inappropriate to any individual or group.
  • Post anything country to our public image, goodwill, or reputation.

     3.4. Intellectual Property

KoSAC respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Defora. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide KoSAC with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Defora to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, KoSAC will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services can be contacted through support@defora.io.

     3.5. Intended Misrepresentation Case

PLEASE NOTE THAT INFORMATION PROVIDED IN THIS LEGAL NOTICE MAY BE FORWARDED TO THE PERSON WHO PROVIDED THE ALLEGEDLY INFRINGING CONTENT. IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

     3.6. Our Intervention

We reserve the right to remove Content that has been reported to us, or is in direct violation of our terms without prior notice, at our discretion, and without liability to you.

     3.7. Indemnity

You agree to defend, indemnify and hold harmless Defora and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

4. Defora Rights

All rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Defora and its licensors. The Services are protected by copyright, trademark, and other laws of both South Korea and foreign countries. You are prohibited from using the Defora name or any of the trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Defora and/or its Services is entirely voluntary and may be used by Defora without prior notice or obligation to you.

5. Our Disclaimer of Warranties

     5.1. No Warranty

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Defora, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

     5.2. Security

The company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

     5.3. Other Users’ Contents

Views expressed on our Service by users do not necessarily reflect our views. We do not support or endorse content posted by you other users. Certain content from others may be incorrectly labeled, rated, or categorized. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk.

6. Our Limitation of Liability

     6.1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

7. Settling Disputes with KoSAC

     7.1. Dispute Settlement Process

For any dispute with Company, you agree to first contact us at support@defora.io and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy will be brought  exclusively in the court of South Korea. 

     7.2. Disclaimer

Disclaimer: You and KoSAC each disclaim the U.N. Convention on Contracts for the International Sale of Goods. By using our Services, you and KoSAC both agree it does not apply to the Service.

8. Termination

     8.1. Leaving the Service

You can stop using our Services at any time.

     8.2. Service Termination

We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time.

If we determine in our reasonable judgment that you are no longer eligible for a Group to which you have an access account in our Service, we may suspend or terminate your access to such Group without prior notice, at our sole discretion. If your account has been terminated, your account will be blacklisted, and will not be allowed to rejoin until a certain period of time the Group organizer sees fit.

     8.3. Notification

If the Service is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace.

9. Notices

     9.1. Notices to KoSAC

Unless the Terms or Additional Terms say otherwise, you must send any notices to: Korea Smart Authentication Corp., 11F, 14, Teheran-ro 77-gil, Gangnam-gu, Seoul, Republic of Korea.

     9.2. Notice to You

For purposes of service messages and notices about the Services, KoSAC will place a banner notice across our app or use other means we believe reasonable to alert you to certain messages and notices. You acknowledge and agree that the methods we use to notify you of any messages as described above are the best available methods for such notices, and that we shall have no liability associated with or arising from your failure to receive such critical information about the Services.

10. General Terms

     10.1. Export Control

You acknowledge that the Service, and your use and handling of the Service, are subject to South Korean and international laws, restrictions, and regulations that may govern the import, export, and use of the Service and Content. You agree to comply with all such laws, restrictions, and regulations.

     10.2. English Version

You acknowledge that the Service, and your use and handling of the Service, are subject to South Korean and international laws, restrictions, and regulations that may govern the import, export, and use of the Service and Content. You agree to comply with all such laws, restrictions, and regulations.

     10.3. Severability

If a court finds any section of the Terms or invalid or unenforceable, the rest of the Terms still apply.

     10.4. No Waiver

If we don’t enforce (or we delay enforcement) of the Terms against you, we haven’t waived our enforcement rights.

     10.4. Assignment or Transfer

You can’t assign or transfer your rights or obligations under this agreement to someone else without Defora’s written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.

     10.5. Entire Agreement

These Terms are the entire and exclusive agreement between KoSAC and you regarding the Services, and these Terms supersede and replace any prior agreements between KOSAC and you regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across its page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

11. Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

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