Terms of Service

Updated - 12th November, 2018

‍1 - ACCEPTING THESE TERMS

‍
Please read these Terms of Service, carefully, before using  www.kesmaisky.co.kr / www.Kesmai.co.kr any other domains, products, services, ("Services"). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the Services.

‍1.1 - WHAT THIS AGREEMENT CONTAINS

• Service offered by Kesmai
• Contacting Kesmai for support
• Your account
• Changes to our platform and/or our services
• Acceptable use and conduct
• Our trademarks
• Third party content
• Representations and warranties
• Kesmai's relationship with users
• Data collection
• Disclaimer of Warranties
• Indemnity
• Limitation of liability
• Terms of Service amendments
• Term and termination
• Governing law and jurisdiction
• Relationship of The Parties

‍2 - SERVICES OFFERED BY KESMAI

Kesmai offers a variety of Services which may be purchased through any of our websites. In order to interact with our Services, you will be required to register an account with us. We offer both Free Services and Paid Services. All Services are offered as-is albeit may be altered in updates as a way to continually improve the Services offered.

2.1 - FREE SERVICES

Kesmai will, occasionally, provide certain Services for free. These Services are offered as-is and Kesmai is entitled to terminate, or modify, the use of our Free Services with no prior warning to you, as an individual, or to everybody using any of the Services offered for free by us.

2.2 - PAID SERVICES

Kesmai offers a variety of Paid Services, this section refers to subscriptions sold as part of our Self-Serve Subscription Service.

When subscribing to one of our Paid Services for the first time, you will be prompted to connect your billing and payment details with us. The payment details, such as credit card numbers, will be stored directly with our payment processor. However, we will also retain a copy of certain billing details such as your full name, billing address and email address. We will also store your subscription identifier so that, should you make any subscription adjustments, we can adjust your subscription without requiring you to re-submit your payment details.

If you are to want to modify your subscription, we will prompt you to confirm that you would like to proceed with the change. Upon receiving your consent, to modify the subscription, we will charge your payment details immediately for any feature or features that may incur a prorated cost and modify your plan to the one specified by you. You will not be asked to re-submit your payment details again, unless the payment methods is declined or cancelled.

2.3 - SUBSCRIPTIONS

If you sign up for a subscription with us, we will charge you on a regular basis through one of our payment gateways (for example, PayPal). You will sign up for either a monthly or annually subscription in which the subscription will automatically be renewed. You will be charged the same day of the month from when your renewal commences. The only exception to this is if you were to subscribe on the 29th of February, in which case you will be charged on the 28th of February for every subsequent month.

If we cannot charge you, your access to our Services will automatically be suspended. Your account may also be at risk for deletion, meaning permanent removal of your account and its content. Please make sure that you have enough money in your account before you are charged.

‍2.4 - CANCELLATION

You can manually cancel any subscription you might have with us directly through the selected payment gateway or through your Kesmai account. If you cancel your subscription with us, we will be unable to charge you.

2.5 - REFUND POLICY

Purchases of any Paid Services are final and non-refundable. We ask that you keep good records of your receipts at all times, and that you double check before making any purchases. Your money is your responsibility. Termination of your account or your rights under this Agreement will result in forfeiture of existing Paid Services.

Renewal of subscriptions are non refundable. For information about cancelling your subscription and thereby any subsequent renewals, please refers to section 2.4 Cancellation.

2.6 - UPGRADING AND DOWNGRADING

Your may upgrade or downgrade your account at anytime.

• If you are upgrading, you may be billed a prorated cost for the remaining days of that billing cycle.
• If you are downgrading, you will be downgraded immediately. Any features that you are no longer granted to, as part of your new subscription, will be revoked. You will not be refunded for any unused days on your previous plan subscription.

2.7 - TAXES

Taxes are a fact of life. Depending on where you live, you may or may not have to pay taxes in addition to the normal fees for subscribing to one (or more) of our Paid Services. By making any purchase from us, you agree that you are aware of the taxes in your area and will pay them in full.

2.8 - LIMITS

Each of our Services has a defined limit in one way or another. We may, or may not, choose to disclose those limits. However, any limits can be changed at any time, by us, with or without prior warning.

If you encounter any limits, wherein you cannot increase the limit anymore through upgrading with our regular plans, you may get in-touch through our Official Support as we may be able to provide a custom solution, in the form of an Enterprise plan, to accommodate your needs.

3 - CONTACTING KESMAI FOR SUPPORT

Kesmai provides support to our customers, users, and guests through our Help Center. We will also provide Official Support to our customers and users.

‍3.1 - HELP CENTER

We have created a Help Center which will provide general support. It is likely that any inquiry you may have will already be answered in the form of an article. We strongly urge our customers and users to check the Help Center prior to requesting Official Support as this will save both you and us time.

3.2 - OFFICIAL SUPPORT

If you're experiencing any technical difficulties, are unable to find any information pertaining to your inquiry on our Help Center, or would just like to reach our team then you can do so by sending an email to us at [email protected]

If you are contacting us for business or marketing purposes, you may reach out to us at kesmai.co.kr/contact.

We shall prioritize support for our customers based on the plan/tier that they're subscribed to. Those subscribing to a higher tier/plan will receive prioritized support over someone who's subscribed to a lower tier/plan.

When contacting us, we want to provide you with the best possible support and therefore we ask that you follow these steps to ensure a fast and relevant response:

• The subject should provide a brief, generalized, explanation of the problem or inquiry.
• The body, or description, should explain, in detail, the problem or inquiry.
• You should not include any sensitive information (such as passwords, API keys, or credit card details), this is to protect you. If you were to receive such a request: do not reply with the requested information. Instead, forward the email (or ticket identifier) to [email protected]
• Support tickets should be submitted in English whenever possible. If a support ticket is sent in another language, you may receive a response informing you that we are unable to provide you with assistance. Alternatively, we may attempt to use an online translation service, such as Google Translate. If we are to use an online translation service, you may receive slower response times and the responses may not necessarily be accurate as a result of the translation service used. Therefore, we strongly urge our customers to contact us in English for the best support experience.

Kesmai is under no obligation to answer request for support, or inquiries, from users who are not subscribed to one of our paid services.

4 - YOUR ACCOUNT

In order to use our Services, be those Free or Paid Services, you must register an account thereby becoming a user on our platform. You are the sole individual responsible for keeping your username, email address and password secure. When prompted, by Kesmai, for information it should be complete and accurate. If any of the provided information changes, you also agree that you will make the necessary changes to your account as a quickly as is reasonable possible. Your account is your own responsibility and stating someone else used your account to breach this Agreement or alter your settings will be dismissed. We reserve the right to cancel any account, at any time, without reason or refund.

You agree not to log into another user's account or, for that matter, attempt to gain access to another user's account. You should never give another user, or third party, your login information. You are liable for any issues caused by the use of your account. Any damages done to our system, from your account, will be your responsibility.

5 - CHANGES TO OUR PLATFORM AND/OR OUR SERVICES

Kesmai is always expanding and thereby you may see changes to the Platform or its Services without prior warning. We require the flexibility to make changes, impose or change limits where and when necessary, and sometimes terminate features in order to improve the Platform or its Services as a whole.

We reserve the right to change, end, or stop providing the Kesmai Platform or its Services at any time, with or without notice. We make regular updates, many of which are not publicly announced. These are done to improve the system stability, add new features, and give us time to do regular maintenance. We are not liable for any situation where we modify, suspend, or discontinue a part of or the entire Platform or its Services.

6 - ACCEPTABLE USE AND CONDUCT

You, and you alone, are responsible for your behavior, your content, and the behavior of your account. We strive to keep our platform safe and enjoyable for everyone using it. Using our platform for any illegal or harmful activities is not allowed.

You agree to not:

• Impersonate an Kesmai employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a network or the Kesmai platform without authorization;
• Interfere or attempt to interfere with the proper working of the Kesmai platform or prevent others from using the Kesmai platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Kesmai platform, or that otherwise negatively affects other persons’ ability to use the Kesmai platform;
• Use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Kesmai platform or the content contained therein;
• In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• Create a user account for the purpose to advertise for your commercial or noncommercial website or services without our express permission;
• Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Kesmai's infrastructure;
• Share access to your account (including access to any Free or Paid Services granted to your account);
• Use our support system for any reason other than to make helpful, meaningful suggestions or request account, or billing aid and support;
• Create multiple accounts in order to "game" our statistical systems;
• Try to incite other users to commit unlawful or harmful acts, intimidate or threaten other users, or distribute private data or information;
• Use the services we provide to you in order to gather or datamine information on other users, including their private information, IP address, or other network profile data;
• Attempt to gather and distribute any private information on any other user, including their address, name, IP address, place of residence or work, or age, gender, or any other private information without their explicit permission;
• Create an account for the purpose of username "squatting".
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Kesmai platform – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
• Attempt to gain unauthorized access to Kesmai computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Kesmai platform;
• Attempt to attack another person by using our Platform or its Services;
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Kesmai platform; and
• Collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of the Kesmai platform, or to proxy authentication credentials for any member of the Kesmai platform for any purpose, including automating logins to the Kesmai platform.

You agree that you will not allow or encourage any third party to use our Platform or any of our Services to commit any of the acts listed above. You also agree to immediately notify us if you violated or are accused of having violated any portion of this agreement.

Be aware that we handle every instance of violations or alleged violations of our agreement on a case-by-case basis. We reserve the right to act or refuse to act on any infringements or violations in the way we see fit. We can terminate your account and your relationship with us at any time. We are not, however, obligated to follow any leads or reports of violations. We are also not obligated to enforce this agreement or punishments for violations of it in any case. That said, if we choose not to enforce our rights in this agreement, we may still continue to do so for any instance of violation.

Violations of our agreement can result in any of the following happening:

• We may issue you a warning and demand that you fix your violation;
• We may disable certain portions of your access to our system;
• We may delete content or data that you have added to our system;
• We may entirely ban you from accessing our system;
• We may delete your account entirely from our system, at no liability to you.

This list is not exhaustive. As stated above, every situation is handled on a case-by-case basis.

7 - OUR TRADEMARKS

Our trademarks, logos, images, service marks, trade names and other distinctive branding features are used on our system. We do not give you a license to use any of these, and you may not use them without our permission.

8 - THIRD PARTY CONTENT

Our websites may contain features and functions that link to third party websites, servers, directories, systems, networks or any other kind of third party hosting or hosted content. Anytime you access this content, what you do with it is between you and the provider of that content. We do not endorse or support any third party content, and cannot be held responsible for what is contained on external systems. Please make sure that you familiarize yourself with the safety and reputation of any third party links that you click or otherwise access, and that you take the appropriate steps to back-up your data, protect your privacy, and guard yourself against viruses, malware, scams or other types of risks that can be found on the Internet.

We may also sometimes use code or content from third parties or advertisers. Having third party content on our platform does not mean that we endorse, are affiliated with, or support it. We do not have control over third party content - so we cannot offer any promise concerning whether it works well, is accurate, or legal. We reserve the right, but are not obligated, to filter or refuse to accept any third party content. Making sure that third party content is safe for you is your own responsibility.

There may be links or URLs to third party content, networks or systems to other websites. Third party websites are not a part of our platform in any way, and we imply no affiliation or endorsement by having them on our system. We expressly disclaim any responsibility for what happens on third party websites. Please be aware that accessing them may (but not necessarily will) endanger you, your privacy, and your computer or hardware. Take every precaution that you need to in order to make sure that you are adequately protected from the dangers of the Internet.

ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

9 - REPRESENTATIONS AND WARRANTIES

By using our system, you agree to all of the following:

• You will obey all applicable local, state, national and international laws when connecting to and using the Services;
• You have the right to grant Kesmai the appropriate data;
• You will use the Services appropriately and reasonably.

This means, you'll use our system the way it's supposed to be used. The appropriate way to use it is described with each individual feature, as well as in these terms of service.

10 - KESMAI'S RELATIONSHIP WITH USERS

You agree that we can end your relationship with us at any time. This means that we can cancel your account, delete any content or data of yours, and remove your ability to access our system in any way. We can do this without telling you beforehand, and without any liability to you. These kind of actions would most likely occur, but aren't necessarily limited to, any situation where you violate our terms of service. You also agree that we can message you for any reason.

11 - DATA COLLECTION

Our platform will collect some data from you when you use it. This includes general information like what websites or pages you visit. Our system also logs the IP addresses used when logged in. We do not disclose this information to any other users. Finally, we do collect some data when you first sign up, like your email address. If you purchase anything from us - such as a subscription to one or more of our Services - we will use some of your personally identifiable information, like your billing address, to charge you.

Please be aware that we are not obligated to keep back-up copies of data collected once it is deleted. You should make backups of your own when possible.

12 - DISCLAIMER OF WARRANTIES

We cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through the Kesmai Platform. We are not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We are not responsible for any harm that might come from downloading or accessing any information or material on the Internet through the Kesmai Platform.

THE KESMAI PLATFORM, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE KESMAI PLATFORM ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. KESMAI, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KESMAI, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE KESMAI PLATFORM. KESMAI, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE KESMAI PLATFORM. KESMAI, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KESMAI PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE KESMAI PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE KESMAI PLATFORM.

YOU UNDERSTAND AND AGREE THAT: (A) THE KESMAI PLATFORM WILL NOT BE UNINTERRUPTED OR ERROR-FREE; (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE KESMAI PLATFORM WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED; (C) KESMAI HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE KESMAI PLATFORM; AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KESMAI PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KESMAI OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE KESMAI PLATFORM (INCLUDING THROUGH SUPPORT SERVICES OR PROFESSIONAL SERVICES) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13 - INDEMNITY

You agree to indemnify, defend, and hold harmless Kesmai, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

• Your Content and your Data;
• Your use of, or connection to, our platform or any services offered by us;
• Your use of our support services;
• Your misuse of any of the above. We are not liable if you use our product incorrectly or correctly;
• Your breach or alleged breach of this agreement.

14 - LIMITATION OF LIABILITY

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL KESMAI OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KESMAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE KESMAI PLATFORM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN KESMAI (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE KESMAI PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

15 - TERMS OF SERVICE AMENDMENTS

We reserve the right to make changes to this agreement at any time, even without letting you know beforehand. Any changes are immediately effective. Please be sure to check this agreement regularly to see if there have been any changes. By continuing to use our Services, you agree that you accept any changes made to these terms. The date that appears at the top of this page shows the last time any changes were made to it.

16 - TERM AND TERMINATION

This agreement stands as long as you have an account with us. If your account is closed, then some portions of this agreement will no longer be in effect. We will not continue to provide you with our Services, but you will still be expected to obey our rules and regulations.

We have the right to close your account at any time and delete any content you may have added to our system. This can done with or without us notifying you beforehand, and without us having any liability to you. If we close your account, or you close it yourself, then we have no obligation to provide you with a refund for any fees.

You can cancel your account with us at any time through the account settings page. If you cancel your account with us and do not want to continue being billed, please make sure to cancel any subscription you may have with us through the respective payment gateway's interface.

Please be aware that if your account is closed, any or all of the following things may happen:

• You will no longer be able to access your account including the ability to use our Services;
• Your Content, and Data will be deleted;
• We will not keep back-ups of your Content, or Data;
• We will not provide refunds for any unused paid time or other fees or purchases;
• We will not help you move your Data, or Content from our system to your personal disk space or any other system;
• We will block your email address or IP address from accessing our platform;

All the licenses granted by Kesmai shall terminate upon any expiration or termination of this agreement and Kesmai will have no obligation to provide you with access to any product or service after the termination of these Terms of Service.

17 - GOVERNING LAW AND JURISDICTION

These Terms must be interpreted and governed and construed in accordance with Kesmai Place of Business Registration exclusive of its choice of law principles. If a dispute arises out of or relating to this Agreement, it must be subject to the exclusive jurisdiction of the courts of Kesmai's Place of Business Registration and each party hereby consents to the jurisdiction and venue of such courts.

18 - RELATIONSHIP OF THE PARTIES

You, third parties, and we are all independent parties with respect to each other. This agreement does not mean a partnership between us and you or any third party. It also does not constitute a joint venture or an employment relationship. You agree that Kesmai has no special relationship with or beneficiary duty to you. No parties in this agreement (Including us, you, and any third party) have the right to enter into an agreement for or on the behalf of any other agreeing party. No parties in this agreement may become involved in a situation that results in obligation or liability of any other agreeing party.

Have a question about our Terms? Get in touch