Popga Terms of Service

This Agreement is in the Korean language only, which shall be controlling in all respects, and all versions hereof in any other language shall be for accommodation only and shall not be binding upon the Parties. In the event of any conflict or inconsistency between any term of this Agreement in the Korean language and any translation thereof in any other language, the Korean language version of this Agreement shall prevail.

Article 1: Purpose

The purpose of these Terms of Service is to define the rights, obligations, and responsibilities between Sweet Spot Co., Ltd. (hereinafter referred to as the "Company") and users regarding the use of the services provided by the online platform Popga (hereinafter referred to as the "Service").

Article 2: Definitions

The definitions of terms used in these Terms of Service are as follows:

Service: Refers to the online platform services provided by the Company for the provision of information on pop-ups, exhibitions, and festivals, as well as for reservations and waiting applications. The service includes Popga and all related services provided through the web (Web) and app (App), regardless of the device or terminal on which it is implemented (including but not limited to PC, TV, mobile devices, etc.), and also includes cases where a third-party developed or built program or service using the API disclosed by the Company is provided to members.
User: Refers to anyone who accesses or uses the Service, including those without a registered account.
Member: Refers to any person who has registered as a member of the service and can continuously use the member-exclusive services provided by the Company.

Definitions of terms not set forth in these Terms of Service shall be in accordance with applicable laws, and if not defined by law, they shall follow general commercial practices.

Article 3: Posting and Amendments to the Terms

The Company will post the content of these Terms of Service in a way that users can easily understand, such as on the initial screen of the service or via a link.

The Company may amend these Terms of Service in compliance with 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, etc. When amending the Terms of Service, the Company will specify the application date and reason for the amendment and notify users at least 7 days prior to the application date. However, in the case of amendments unfavorable to users, a minimum notice period of 30 days will apply.

If a user continues to use the service without explicitly expressing refusal to the amended Terms of Service, the user will be deemed to have agreed to the revised terms.

Users have the right to disagree with the amended Terms of Service. If a user does not agree with the amendments, they may stop using the service and withdraw from membership.

These Terms of Service take effect when the user agrees to the content and apply until the termination of the service use agreement.

Article 4: Notification to Users

Unless otherwise specified in these Terms, the Company may notify users via telephone, email, text message, or other communication methods registered by the user. If the user has submitted or registered false information such as an incorrect email address or phone number, or has failed to update the information, the notification will be considered delivered once sent to the previously submitted or registered contact information.

For notifications to all users, the Company may substitute individual notifications by posting the information on the initial screen of the service or the notice board for at least 7 days. However, for matters significantly affecting users' service use, individual notifications will be given in parallel.

Article 5: Establishment of the Service Use Agreement

The service use agreement is established when the user agrees to the terms and applies for service use according to the procedures and forms presented by the Company, and the Company approves the application.

The Company may request identity authentication through a specialized agency depending on the type of user. Members must provide their name, date of birth, contact information, and other necessary details for identity verification, which may include submitting government-issued IDs.

The Company may withhold approval if there is insufficient service capacity or technical or business issues.

Users must provide true and accurate information for the service application, and the Company may request additional information if necessary for the services offered.

In the event of a separate contract between the Company and the user regarding service use, that separate contract will take precedence over these Terms.

The Company generally approves service use applications, but may deny approval in the following cases:

The user has previously lost service qualifications under these Terms (except where the Company has approved re-registration).
The application is made under a false name or by using another person's identity.
False information is provided, or required information is omitted.
The applicant is under 14 years old.
The user is likely to disrupt the normal provision of services or interfere with other users' service use.
Approval is not possible due to reasons attributable to the user or the application violates the provisions of these Terms.
Other cases where the Company recognizes that the application may violate social order or public morals according to relevant laws.

Article 6: Collection of Personal Information

The Company collects the minimum necessary personal information for the establishment and performance of the service use agreement through lawful and fair means.

The Company will inform users of the scope and purpose of the collection of personal information in advance, in accordance with relevant laws.

The Company must take necessary measures to allow users to withdraw their consent to the collection, use, or provision of personal information via the service screen.

Article 7: Obligation to Protect Personal Information

The Company endeavors to protect users' personal information in accordance with the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and other relevant laws.

The protection and use of personal information are subject to relevant laws and the Company’s Privacy Policy. However, the Company's Privacy Policy does not apply to third-party sites that are not part of the Company's official website.

Article 8: User Responsibility for Managing ID and Password

Users are responsible for managing their IDs and passwords, and they must not allow third parties to use them. The Company is not responsible for any misuse or unauthorized use of the user's ID or password caused by the user's negligence.

If a user becomes aware that their ID or password has been stolen or is being used by a third party, they must immediately notify the Company and follow the Company's instructions. The Company is not responsible for any disadvantages suffered due to the user’s failure to notify the Company or failure to follow the Company's instructions.

The Company may restrict the use of an ID if it is deemed likely to result in the leakage of personal information, is anti-social, or violates public morals, or if it could be mistaken for the Company or its operators.

Article 9: Obligations of the Company

The company shall not engage in any activities prohibited by applicable laws or these terms, or those that violate public morals, and it will strive to provide continuous and stable services.
The company must establish a security system for protecting personal information to ensure users can use the service safely. It must also publish and adhere to its privacy policy.
The company shall not disclose or distribute any personal information of users to third parties without the user’s consent, except when requested by relevant authorities in accordance with applicable laws.
The company shall provide services to users continuously and stably 24 hours a day, year-round. If equipment malfunctions or is lost, the company will repair or restore it without delay. However, if unavoidable circumstances arise, such as operational or technical reasons, natural disasters, or emergencies, the company may temporarily or permanently suspend the service. In such cases, the company will notify users through postings on its website, phone calls, text messages, emails, or other communication channels either in advance or afterward.
If the company recognizes that complaints or opinions raised by users are justified, it shall address them within a reasonable time and promptly inform users of the outcome.

Article 10: Obligations of Users

When using the service, users must comply with applicable laws, these terms, and any notices from the company.
Users shall not engage in the following actions:

Registering false information when applying for the service or modifying service details.
Fraudulently using another person’s information or identity.
Collecting, storing, or disclosing another user’s personal information without their consent.
Collecting, altering, or providing information or content posted by the company or users without authorization.
Damaging the reputation of the company or third parties or interfering with their operations.
Posting, disclosing, or transmitting obscene, violent, defamatory, or otherwise inappropriate content that violates public morals, including content harmful to children or infringing on the privacy of others. This also includes unsolicited advertising (junk mail, spam, chain letters, pyramid schemes, etc.).
Using the service for commercial purposes without the company’s consent or beyond the scope of these terms.
Installing or using viruses, malware, or other prohibited software or code designed to interfere with, destroy, or disrupt computer systems, hardware, or telecommunications equipment.
Accessing the company's web, app, or server to monitor, copy, or collect content or information, using bots, crawlers, spiders, scrapers, macro programs, or other automated means without the company’s consent.
Bypassing or violating protective measures restricting access to the company’s site or server.
Engaging in unauthorized activities such as hacking, disassembly, decompiling, reverse engineering, or disclosing or altering the source code of the service.
Engaging in illegal or improper activities.

If a user engages in the actions described in Section 2, the company shall not be held responsible for any outcomes, losses resulting from such business activities, or any legal actions taken by relevant authorities, including arrest. The user may be subject to legal penalties for such actions and will be liable to compensate the company for any damages incurred.
Users may not transfer, assign, or provide service rights or any status under the terms of the service contract to others without the company’s explicit consent.
Users are responsible for ensuring their systems are protected from unauthorized access through regular security updates, such as antivirus programs. The company will not be liable for any security incidents, damages, or losses arising from neglecting such updates.
Users are responsible for backing up their data, including emails and other related data. The company will not be liable for any information leakage, loss, or omission due to the user's failure to back up data.
Users must comply with laws, these terms, service-related notices, and any other instructions from the company.
Users are responsible for any civil or criminal liability arising from sending spam or phishing messages, as well as for violating telecommunications regulations or other applicable laws. The company may report cases of illegal spam to the Illegal Spam Response Center of the Korea Internet & Security Agency (KISA).

Article 11: Handling Complaints

The company must establish procedures for collecting user opinions and resolving complaints related to personal information.
The company shall accept and address user complaints submitted by phone or email.

Article 12: Service Provision and Changes

The services provided to users will be listed on the company's website.
The company may limit the scope of information available to users based on their account type, such as members-only information, and restrict access accordingly.
The company may conduct regular inspections necessary for providing services, which will be notified in advance.
The company may send various notices, administrative messages, and advertisements related to the service to users via the service screen or by email.
The company may change all or part of the service for reasonable reasons, such as policy, operational, or technical needs, and, unless otherwise stipulated by law, users will not be entitled to separate compensation.
If changes are made to the service, including its content, usage methods, or usage time, the company shall notify users in advance of the reason, content, and effective date of the changes using the notification methods outlined in Article 4.

Article 13: Service Suspension

The company may temporarily suspend service provision for the following reasons:

Equipment inspection, maintenance, or replacement.
Service overload or telecommunications service failure.
Force majeure events, such as natural disasters or emergencies.

The company shall notify users of any service suspension in advance, but may provide post-notice in urgent situations.
The company is not liable for damages resulting from service suspension unless caused by willful misconduct or gross negligence.

Article 14: Restrictions and Suspension of Service Use

If a user violates these terms or interferes with the normal operation of the service, the company may restrict or suspend their service usage and take appropriate civil or criminal measures based on the severity of the violation.
If the company identifies actions that fall under the following categories, it may immediately restrict or suspend service usage without compensation for any associated benefits or rights. The user may also be subject to legal penalties.

Identity theft.
Violation of terms or laws.
Actions that disrupt public order or violate public morals.
Infringing on the rights or defaming others.
Installing, providing, or interfering with illegal software in violation of copyright laws.
Attempts to illegally use, manipulate, or alter data.
Attempting illegal communication, such as excessive system load or sending malicious content.
Scraping service content using bots or scripts.
Hacking attempts, unauthorized access, or disruption of normal service operations.
Using a modified device to access the service (e.g., rooted or jailbroken devices).
Modifying, damaging, disassembling, decompiling, or reverse engineering the service.
Deliberately exploiting bugs or malfunctions in the service.
Posting obscene or violent content or violating public morals.
Other illegal acts committed willfully or through gross negligence.

Article 15: Termination of the Contract

Users who wish to terminate their service contract must apply directly through the company's website or contact the company by email or phone.
The company may terminate a user's service contract without their consent if they meet the following conditions and will notify the user of the termination. If immediate termination is necessary or notification is not possible due to the user's fault, the company may notify them afterward.

Violation of these terms, including Article 10 (User Obligations), without resolution within the specified period provided by the company.
Using the service for purposes other than the intended service provision.
Repeated violations of Article 14 (Service Use Restrictions and Suspension) within one year of a previous suspension.

Article 16: Data Preservation and Destruction

Users are responsible for regularly backing up and storing data during service use. The company is not obligated to back up user data or provide it, and it is not responsible for data leakage, omission, or loss due to failure to do so.
If the company discontinues service due to contract termination, expiration, or other reasons, it will immediately destroy all data, including user information. However, the following records will be preserved for a specified period in accordance with applicable laws, after which they will be destroyed:

Records related to contracts or withdrawals.
Records related to customer complaints or dispute resolutions.

※ Detailed information on the destruction of personal data can be found in the company's Privacy Policy.

Article 17: Copyright of Posted Content

Intellectual property rights related to the service itself belong to the company. However, intellectual property rights for content posted or registered by users during their use of the service belong to the user. Users may not commercially use the information obtained from the service, such as processing or selling the posted data. The user will be responsible for any issues arising from violating this rule.

Article 18: Scope and Claim of Compensation

The company is responsible for compensating damages caused to users due to the company’s intentional or negligent actions. If the company suffers any damage due to the user's violation of these terms, the user who violated the terms must compensate the company for all damages incurred. If, during the use of the service, the company faces claims for damages, lawsuits, or other objections from third parties due to the user's illegal actions or violations of these terms, the user must indemnify the company at their own responsibility and expense. If the company is not indemnified, the user shall compensate the company for all damages incurred as a result. The company is not responsible for damages caused by force majeure, such as natural disasters, or damages caused by the user’s intentional or negligent actions. A claim for compensation must be submitted via email or phone, specifying the cause, the amount, and the basis of calculation. Users who cause damage to the company or others that leads to legal claims must cooperate with the company and investigative authorities when requested.

Article 19: Disclaimer

The company is not responsible for damages incurred by users or third parties in the following situations:

In the event of a natural disaster or other force majeure
Issues beyond the company's control, such as the user's system environment, communication company, or hosting provider issues
Network hacking or other situations that cannot be prevented with the current level of security technology
Planned service outages for system improvements or equipment expansion, provided the company gives prior notice
Data leaks or service issues caused by the user’s actions
In cases where the company is not at fault The company is not responsible for any damages caused by the information or materials users obtain through the service, nor for any incidental, operational, or profit losses related to service use. The company is not responsible for the content of data posted or transmitted by users. The company is not obligated to intervene in any transactions between users or between users and third parties made through the service, and will not be responsible for any resulting damages. For services provided for free, the company bears no responsibility unless otherwise stipulated by law. The company is not responsible for data loss caused by the user’s failure to back up data, including deleted data or data that was not backed up before or after service use, in accordance with Article 16. The company does not guarantee the reliability, accuracy, or content of information provided to users through the service.

Article 20: Dispute Resolution

These terms and conditions are governed and enforced by the laws of the Republic of Korea. Any disputes arising between the company and the user concerning these terms or the service will be resolved under the jurisdiction of the court where the company’s headquarters is located, in accordance with the Civil Procedure Act. For users with an address or residence outside of Korea, any disputes between the company and the user will be resolved under the jurisdiction of the Seoul Central District Court in Korea, notwithstanding the preceding clause.

[Supplementary Provisions]

(Effective Date) These terms and conditions will take effect on October 30, 2024.