Chapter 1. General Provisions

Article 1 (Purpose)

These terms and conditions are intended to determine the terms and procedures of use according to the right, obligation, and responsibility between the company and member in providing the application service provided by DEFI (hereinafter referred to as the “Company”) to the member (hereinafter referred to as the “Member”).

 

Article 2 (Definition of Terms)

① The definition of terms used in these terms and conditions is as follows.

1. Application provided by the company (hereinafter referred to as “service”): Application provided so that the member can register, control, monitor, and manage devices sold by the company as well as affiliated partners’ devices through a smartphone application, and thus receive various information.

2. Application: Program configured to be installed on a smartphone for service use;

3. Affiliated Partners (‘Affiliates’): Smart device manufacturers or other partners that have signed a partnership contract with the company

4. Smart device: It refers to a product equipped with a smart function, which provides services such as remote communication, and is manufactured, sold, and distributed by the company and its affiliates, including hardware and software mounted on the products for services such as communication modules.

5. Contents: All other information such as document, photo, and video distributed in the process of using the service;

6. Member Center: Internet bulletin board and call center that perform tasks such as information on service use, change, termination, member complaints processing

② Definition of terms used in these Terms and Conditions is in conformity with the relevant laws and regulations and guidance for each service, except as provided in this Article.

 

Article 3 (Effect and Change of Terms and Conditions)

① The company posts the contents of these terms and conditions on the service screen so that members can check them.

② The company may revise these terms and conditions so long as it does not violate relevant laws such as the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Consumer Protection in Electronic Commerce, etc.

③ When the company revises the terms and conditions, it shall notify the date of enforcement, reason for the revision, contents to be changed, and the current terms and conditions, in conformity with the method of Paragraph ① within 15 days from the date of application (30 days from the date of application for a change in matters unfavorable or significant to mem bers) to the day before the date of application.

④ In conformity with Paragraph ③, the revised terms and conditions shall take effect as soon as the notice period stipulated in Paragraph ③ ends, unless the member expresses an explicit objection.

⑤ Members shall have the right to reject the change to the terms and conditions, and opt to stop using the service with a request for the withdrawal of the service. The continued use of the service by the members after the effective date of the changed terms and conditions is deemed to have agreed to the changes in these terms and conditions.

 

Article 4 (Rules of Terms and Conditions)

The company shall apply these terms and conditions to the use of the service, as well as the matters

not specified in these terms and conditions in conformity with relevant laws and regulations or

commercial practices.

 

Chapter 2. Contract Settlement

Article 5 (Establishment of Use Contract)

① The service use contract is formed when the member who intends to use the service understands and agrees to these terms and conditions and sets the member ID and password, after which the company approves the application.

② The company complies with the relevant laws and regulations such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and the company's personal information processing policy in obtaining and using the member's personal information. After a member agrees to the terms and conditions, the company separately obtains the consent for the collection and use of his/her personal information.

③ The company provides information so that a member can accurately understand the following subparagraphs before he/she uses the paid service.

1. Check and select the paid service or change to a paid member;

2. Enter payment information;

3. Confirmation of application for the paid service use or consent to confirmation of the company

④ For the use of the paid service after agreeing to these terms and conditions, the member shall pay the service fee according to each service use condition.

 

Article 6 (Method of Applying for Use, etc.)

① A member shall agree to these terms and conditions and provide the service subscription application information, and the provided member information is considered to be the member's actual information. A member who does not enter actual information is exempt from legal recourse and may be restricted from using the service.

② The service is not provided to individuals under the age of 14, and in the case of a minor above the age of 14, a minor shall thoroughly review and understand these terms and conditions together with a legal representative or guardian, who shall also fully inform the risk of using the service by minor over the age of 14 and take appropriate protective measures.

③ Notwithstanding Paragraph ②, payment for the paid service can only be made by adults over the age of 19.

 

Article 7 (Limitation of acceptance of application for use)

① The company does not approve the application for service use that falls under any of the following subparagraphs.

1. In the case of application under the name of another person;

2. In the case that the submitted information or the contents of the document are false;

3. In the case of applying for use with the intent to violate laws or undermine social welfare, order, or public morals;

4. In the case that the service is intended to be used for illegal purposes;

5. In the case of applying for use with the aim of profit-making;

6. In the case that a member who has previously canceled the use contract in violation of laws or terms and conditions applies for use;

7. In the case of violation of other provisions in these terms and conditions or insufficient requirements for application for use determined by the company

 

Chapter 3. Service Use

Article 8 (Commencement of service use)

① The service can be used when the company approves the member's application for use. However, in the case of some services, the service may start from the specified date.

② If the service cannot be started due to a business or technical obstacle of the company, it is notified on the application or service website or the member is notified.

③ The company provides the application to the member, and he/she can use the service by downloading and installing the application on a smartphone that can use the service designated by the company. However, depending on the type of smartphone available for service, the type and version of the smartphone OS, configuration, and function of the application may differ.

 

Article 9 (Service Use)

① Members can use the service by installing the application through the app store or service download page provided by the smartphone manufacturer and telecommunication company.

② In principle, the service is provided around the clock, year-round unless there is a special problem in the business or technology of the company. However, in the case of Article 10, all or part of the service may be restricted or suspended.

③ In order to provide better services to members, only members who have agreed to use location information can provide the service using location information collected through a smartphone.

④ Since the location-based service in Paragraph ④ receives location information from a location information provider, errors in location information may occur depending on the circumstance of the location information service provider. In the case of an error or mistake that may normally occur in view of the technical level at the time of service provision, the company is not responsible for them.

⑤ The company may add or change the contents of the service, if necessary. However, in this case, the contents are notified to the members in advance.

 

Article 10 (Service Restriction and Suspension)

① The company may restrict or suspend all or part of the service in any of the following subparagraphs.

1. System inspection, expansion, maintenance and replacement, etc.;

2. In the case that there is a disruption to normal service use due to a power outage, disruptions to all facilities, or congestion of use;

3. In the case that the service cannot be maintained due to the circumstances of the company such as termination of a contract with a location information service provider or affiliates;

4. In the case of suspending service provision based on business judgment of the company due to business deterioration;

5. In the case that a member interferes with the business activities of the company;

6. In the case of other unavoidable reasons such as suspension of telecommunication service by a key telecommunication business provider under the Telecommunications Business Act;

7. In the case that a force majeure event such as natural disaster or national emergency occurs or is likely to occur

② In the case that the company restricts or suspends all or part of the service in conformity with the provisions of paragraph ①, the reason, date, and time of the company's suspension are notified to the member in advance through the method of Article 3 paragraph ①. However, this is not the case if advance notice is not feasible due to a service restriction or suspension caused by reasons beyond the company's control.

 

Article 11 (Management of Postings)

The company may delete all postings (including transmission between members) including

information and materials in the service posted by the member, if they fall under any of the following

subparagraphs, and may limit or suspend the provision of services to the member. The company

is not responsible for this.

1. In the case of contents that slander, insult, or defame the company or a third party;

2. In the case of disseminating or linking information, sentences, etc. that violate laws and regulations or public morals;

3. In the case of contents that infringe on all rights including the copyright of the company or a third party;

4. In the case of sending commercial advertisement or spam mail;

5. In the case of the contents that are objectively recognized as being associated with a crime;

6. In the case that the company determines that the service is not in conformity with the nature of the service;

(e.g. contents of political judgment or religious opinion)

7. In the case that it is deemed to be in violation of other relevant laws and regulations

 

Article 12 (Retention of Rights)

The company retains all intellectual property rights and ownership or use rights, including copyrights for the service and the information and materials posted by the company under the service.

② The company retains all intellectual property rights and ownership or use rights regarding all trademarks, service symbols, logos, CIs, etc. related to the service.

 Member shall not use the information or data obtained by using the service with the aim of profit-making by copying, publicly transmitting, publicizing, distributing, or other means without the prior consent of the company, nor allow a third party to use it.

 

Article 13 (Affiliates Products and Related Services)

① Smart home devices, related services or contents provided by affiliates in connection with the service may be included in the service contents. For these smart home devices, related services or contents, the terms of use including the terms and conditions determined by the affiliates that provide them are applied.

 All responsibilities related to the obligation to provide smart home devices, related services, or contents provided by the affiliates according to Paragraph ①, warranties, after-sales service, etc. are attributed to the affiliates that provide them.

 

Chapter 4. Obligations of Contracting Party

 

Article 14 (Obligation of the Company)

① The company strives to provide stable services in conformity with these terms and conditions and related laws and regulations.

② If the opinions or complaints raised through the prescribed procedures by the member regarding the service are recognized as justifiable, the company shall process them through appropriate procedure, and use the notices for opinions or complaints raised by the member or notify the member of the processing process, schedule, and results through phone call, SMS, or other electronic communication means.

③ The company shall comply with the procedures and methods stipulated in the relevant laws and regulations as to the protection of member’s personal information, announce and comply with the personal information processing policy, secure the stability, and operate technical measures in processing member’s personal information.

④ The company shall not collect, use, or provide to third parties the member's information without his/her consent for the provision of services. However, it excludes cases that consent is obtained from the member or stipulated by relevant laws and regulations.

⑤ The company may monitor at all times to check whether the service is used for the purpose of providing the service.

 

Article 15 (Responsibilities of the Member)

① The member shall comply with the provisions of these Terms and Conditions as well as related laws and regulations, and shall not engage in other acts that interfere with the company's business.

② The member shall not use the service for purposes other than those of providing the service of the company or rent the service to a third party arbitrarily.

③ The member is responsible for managing member’s personal information, and the company is not responsible for damages caused by information leakage due to reasons attributable to the member.

④ A member shall not falsely provide personal information necessary for service use to the company, and when information is changed, it shall be updated promptly by notifying the company.

⑤ A member shall not avoid, attempt to change, nor use illegally security technology or software, etc. used for the provision of services or the performance of the company's business in conformity with these terms and conditions, nor engage in an act of teaching or aiding a third party to commit such an act. If the member does so, he/she shall bear full responsibility arising from this.

⑥ A member shall not engage in any of the following subparagraphs when using the service.

1. Act of providing false information when applying for or changing the use as well as stealing or illegally using another member's ID and password;

2. Act of stealing personal information or payment information of other members or third party;

3. Act of duplicating, imitating, or modifying the service;

4. Act of duplicating, imitating, or modifying the information posted by the company on the service;

5. Act of using information or materials obtained by using the service for a commercial purpose by duplicating, publicly transmitting, publicizing, distributing, or other means without the prior consent of the company, or allowing a third party to use it;

6. Act that slanders, insults, or defames the company or a third party;

7. Act that infringes on all rights including copyrights of the company or third parties;

8. Act of posting or disseminating information that violates laws or public morals with the service;

9. All acts that interfere with the company's normal service provision by using the service in a way other than normal use, such as using an automatic access program;

10. Act of posting or disseminating malicious programs and viruses that cause a service disruption, information destruction, or confusion, and materials containing such contents;

11. Act of transmitting and advertising information that may interfere with the stable operation of the service or transmitting illegal spam;

12. Act of collecting, storing, or disclosing other member’s personal information (including accounts), or arbitrarily modifying information posted by other members on the service;

13. Act of transferring, lending, or using an ID to a third party, and the act of granting, distributing, or allowing third parties to access the service;

14. Act that is prohibited by other relevant laws and regulations or not permitted by public morals or social norms

 

Chapter 5 Termination of Contract and Restrictions on Use

 

Article 16 (Contract Change and Termination)

① If a member intends to change the use contract that falls under any of the following subparagraphs, he/she may do so in the method determined by the company.

1. In the case that the member intends to change the service type;

2. In the case that a member intends to transfer or succeed the right to use to a third party; (However, in the case of service product that requires subscription to mobile phone service provided by the company, it is prohibited to be transferred or succeeded.)

3. In the case that other changes are necessary

② If member intends to terminate the service use contract, he/ she may terminate the use contract by doing so directly in the method determined by the company.

③ The company may terminate the service use contract if a member violates his/her obligations stipulated in these terms and conditions such as Article 15.

④ In the case of service product that requires subscription to the mobile phone service provided by the company, the service use contract may be terminated in the event of a member's mobile phone service termination, number transfer, or name change.

⑤ When the company intends to terminate the use contract according to Paragraph ③, it shall notify the member of the reason, etc. 5 days prior to the date of termination, and give the member an opportunity to contest the decision when the reason for termination is notified. However, if it is impossible to notify due to reasons not attributable to the company, it is deemed to have been notified by posting on the service website.

 

Article 17 (Suspension of Service Use)

① The company may limit or suspend all or part of the service immediately if the member falls under any of the following subparagraphs.

1. In the case of violating the member's obligations stipulated in these Terms and Conditions such as Article 15;

2. In the case of violating other relevant laws and regulations

② When the company intends to restrict or suspend the use of the service according to Paragraph ①, it shall notify the member of the reason, date, and period by using this service. However, if it is recognized that the company urgently needs to restrict or suspend the use, it may notify this after limiting or suspending the use of the service. If it is not feasible to notify due to reasons not attributable to the company, it is deemed to have been notified by posting on the service website.

③ A member who has received a notice of service use restriction or suspension according to Paragraph ② may contest the decision according to the procedure determined by the company if there is an objection to it.

④ The company allows for immediate use of the service only when it is confirmed that the reason has been resolved during the service use restriction or suspension period, or there is a reason for the member's objection.

⑤ If the member does not pay the service fee, the paid service cannot be used, but the membership status is maintained, and the service can be reactivated right after payment of the fee.

 

Chapter 8. Others

 

Article 18 (Exemption Clause)

① The Company is not responsible for members if the service cannot be provided due to force majeure including a natural disaster, national emergency, decree of the government or regulatory agencies, etc.

② The Company is not responsible for the limitation or suspension of the service due to the reasons in Article 10 unless there is a reason attributed to it.

③ The Company is not liable to members if the Company is unable to provide the service due to a cause attributable to the member or a violation of the member's obligation under this Contract, or if members suffer damage as a result thereof.

④ When the service cannot be provided, or there are damages to the member due to a disruption and malfunction of smart home devices owned by member, that of a smartphone equipped with the application, and that of communication means (including wired/ wireless communication, Wi-Fi and Z-wave bridges, etc.) used by members for the service, the company is not responsible for damages to them unless there is a reason attributable to the company.

⑤ The company shall not be liable to the member if the service cannot be provided due to a cause attributable to the manufacturer (including sales & distributors) or affiliates related to the provision of the service, or if damage to the member occurs as a result thereof.

⑥ The company is not responsible for the loss or failure of the member to obtain the expected profit by using the service, and does not assume any responsibility for the member in the event of damage to him/her due to trusting or using the information or data acquired in using the service.

⑦ The company is not responsible for the reliability and accuracy etc. of facts regarding all postings such as various information and materials posted by members on the service, and is not obligated to intervene in disputes related to the service between members themselves or members and third parties. The company is also not responsible for any damages resulting from this. In this regard, if the company indemnifies a third party for damages or pays other expenses, the company may exercise the right to indemnify the member.

⑧ The company is not obligated to check or review the contents of the postings before the member posts them such as information and materials on the service, and the company is not responsible for the consequences.

⑨ The company is not responsible for the contents and quality of products or services advertised through the service unless there is a reason attributed to it.

⑩ The company is not obligated to intervene in or monitor transactions between members themselves or members and third party made through the service, and the company is not responsible for it.

⑪ In the case of an infringement accident such as the communication contents in the communication means and section the member uses (including wired/ wireless communication, Wi-Fi and Z-wave bridge, etc.) or the leakage of his/her personal information, the company shall not bear responsibility unless there is a reason attributed to it.

⑫ The service is provided only within the territory of the Republic of Korea, and if the member is unable to use the service abroad, causing damage to him/her, the company is not responsible for the consequences.

⑬ The company is not responsible for damage incurred in connection with the member's free use of the service unless there is a reason attributed to it.

⑭ If the company receives various objections including claims for damage or lawsuit from third party or regulatory agency due to reasons attributable to the member, such as the his/her violation of these terms and conditions or illegal acts, the member shall indemnify the company at his/her own expense and accountability. If there are damages to the company to be indemnified, the member shall do so for the damages incurred.

 

Article 19 (Notification and Provision of Information to Member)

① Notifications such as information for members of the company, are made through the application or service website.

② The company may provide various information or materials necessary for the member's service use to the member through the application or service website.

Article 20 (Partially invalid)

In the case that some provisions of these Terms and Conditions become invalid due to related laws and regulations etc., if the purpose of the remaining provisions alone cannot be achieved or is not unreasonably disadvantageous to the member, these Terms and Conditions will remain in effect within the scope.

 

Article 21 (Disputes Settlement, etc.)

① Matters not specified in these Terms and Conditions are subject to the relevant laws and regulations and commercial practices of the Republic of Korea, such as the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

② In principle, if there is a dispute between the company and member, it shall be initially settled through mutual agreement. However, if an agreement between the parties is not feasible, a lawsuit may be filed with the competent court in conformity with the Civil Procedure Act.

③ The laws governing these Terms and Conditions shall be governed by the laws of the Republic of Korea.