Agreement on Terms & Conditions

Ch. 1 General Provisions

Article 1 (Purpose)
The purpose of these Terms and Conditions is to stipulate basic matters, such as rights, obligations and responsibilities between members and Demand Co., Ltd. (hereinafter referred to as “Company”) as a member uses the in mind’s Service (hereinafter referred to as “Service”) provided by the Company.

Article 2 (Effect and Revisions of the Terms and Conditions)
1. These Terms and Conditions shall come into effect for all members who use the Service.
2. The details of these Terms and Conditions must be announced on the screen of Service. As members, who have agreed to this, sign up and access the Service, these Terms and Conditions shall come into effect.
3. If it is deemed necessary, the Company may revise these Terms and Conditions in the scope where it does not violate related statutes, including such as the Regulation of Standardized Contracts Act and the Act on Promotion of Information and the Communication Network Utilization and Information Protection, etc. (hereinafter referred to as Information Network Act). Members may find the revised Terms and Conditions in Menu>Setting of the in mind’s mobile application. The revised Terms and Conditions shall come into effect seven days after the announcement has been posted on the initial screen or the screen connected with the initial screen. However, if the Terms and Conditions are revised against members’ favor, the revised matters shall be announced thirty days before they come into effect.
4. If users do not agree to the revised Terms and Conditions or privacy policy, they may stop using the Service and cancel their membership registration; if they continue to use the Service, they are deemed to have agreed to the revised matters. If members do not agree to the revised Terms and Conditions, the Company cannot provide the Service subject to the revised Terms and Conditions.

Article 3 (Rules outside the Terms and Conditions)
Regarding matters not specified in these Terms and Conditions, they shall comply with the related statutes, such as the Telecommunication Framework Act and the Telecommunications Business Act and the detailed usage guidelines of the Service set by the Company.

Article 4 (Definition of the Terms)
1. The definitions of the terms used in these Terms and Conditions are as follows;
A. Service: It refers to in mind’s Service that members can use regardless of the implemented terminals (including various wired and wireless devices, such as PC, TV, and portable terminals).
B. Member(s): Member is a user who accesses and joins the Website and receives the Service provided by the Company under these Terms and Conditions. As a person who has signed a use contract with the Company and is given an ID, he/she receives the Company's information and can continue to use the paid and free-of-charge services provided by the Company.
C. ID
Social Sign-up Member(s): They refer to the members who have signed up using their social media ID (or ID in an email address format) under their real name when the member signs up for the social media.
Email Sign-up Member(s): They refer to the members who have signed up using the combination of English characters in the email format entered by the user for member identification and a member’s use of the Service.
Corporate Member(s): They refer to the members who have signed up using a combination of letters and numbers issued by the Company for member identification and a member’s use of the Service.
D. Password
For Social Sign-up Member(s): These members do not have to set a separate PASSWORD because they are verified via social media login.
For Email Sign-up Member(s): Password for email Sign-up members refers to a combination of four or more numbers or letters entered by a member for member identification and a member’s use of the Service.
For Corporate Member(s): Password for corporate members refers to a combination of numbers or letters given to them when they created their accounts.
E. Paid Service: It refers to various online digital content (including various information content, VOD, items, and other paid content) and overall Services that the Company provides for a fee.
F. Posts: They refer to texts, photos, videos, and various files in the form of information, such as codes, texts, voices, sounds, images, and videos, that the members post on the Service when they are using the Service.
G. Bio Information: It refers to the quality of sleep, information of subjective stress, a user’s pulse, an autonomic balance, the activities of sympathetic/parasympathetic nerves, the activities of autonomic nerves, and heart rate variability collected in the app. when the members use the Service.
H. Personal Information: It refers to all personal information stipulated in the privacy policy, such as an email, social media login verification, nicknames, date of birth, gender, etc., that members provide to the app. when they sign up for the Service.

2. The definitions of terms in these Terms and Conditions shall be interpreted in accordance with the related statutes and other general commercial practices, except as determined in Article 4, Paragraph 1 above.

Article 5 (Rules outside the Terms and Conditions)
Regarding matters not specified in these Terms and Conditions, they shall comply with the related statutes, such as the Telecommunication Framework Act and the Telecommunications Business Act, and the detailed usage guidelines of the Service set by the Company.

Ch. 2 Agreement of the Service Use

Article 6 (Agreement of This Service Use)
Corporate Members
1. The Company provides the necessary number of IDs and PASSWORDS that enable the members and business personnel who have purchased a corporate pass to use this Service.
2. Not only members who have purchased a corporate pass but also all business personnel who have received ID and PASSWORD from the Company and applied for use under Article 7 below are members subject to these Terms and Conditions and privacy policy.
Individual Members
The Company shall provide digital content and Service via the mobile application so that Individual members who have signed up for a paid Service use contract under the following procedures and Service conditions may use this Service.
Procedures and Conditions for Concluding the Paid Service Contract
Individual members may apply to use the Service by following the procedures described in each subparagraph below to receive the paid service.
(1) View and select content and measurement
(2) Click the payment button upon the payment options
(3) Confirm the ordered product and payment amount (a guide to additional refund policies)
(4) Select the payment method
(5) Reconfirm the payment amount
(6) Make a payment
Members may make a payment for Service use upon the payment modules provided within the app.
Members may use the Service free of charge, limited to certain services or periods permitted by the Company.
The Company may refuse the members’ application for the use contract if it acknowledges it as a rational reason.

Article 7 (Application for Service Use)
Corporate Members
1. Members can apply for Service use by entering the following information in the application form shown on the Sign-up screen of the Service.
Provided ID, PASSWORD, nickname, date of birth, and gender
2. Members are deemed to agree to these Terms and Conditions when they check each agreement item of these Terms and Conditions and privacy policy and then click the “Next” button.
Individual Members
Social (Social Media) Sign-up Member
1. Members may apply for Service use when they enter the following information in the application form shown on the Sign-up screen of the Service.
Social login verification, nickname, date of birth, and gender
2. Members are deemed to agree to these Terms and Conditions when they check each agreement item of these Terms and Conditions and privacy policy and then click the “Next” button.
Email Sign-up Member
1. Members may apply for Service use when they enter the following information in the application form shown on the Sign-up screen of the Service.
Email (real name verification), nickname, PASSWORD, date of birth, and gender
2. Members are deemed to agree to these Terms and Conditions when they check each agreement item of these Terms and Conditions and privacy policy and then click the “Next” button.

Article 8 (Acceptance of Application for Use)
The Company shall accept the application for use only for the members who have correctly entered the information set in Article 7 to apply for use.

Article 9 (Limitation of Acceptance of Application for Use)
1. The Company may not accept some applications that fall under the following subparagraphs;
- if the Service cannot be provided in terms of technology,
- if a person falsely applies by not using his/her real name or by using someone’s name illegally,
- if a person omits or miswrites the Sign-up items to apply,
- if a minor under the age of 14 does not obtain the consent of a legal representative,
- if a member has lost a membership previously under these Terms and Conditions (however, there may be an exception if someone has lost the same qualification one year or more and then regained the Company’s approval for his/her re-attempt to sign up)
- if a user cannot be approved due to reasons attributable to him/her or a user has violated other stipulated regulations
- and/or if an applicant’s conditions do not meet the conditions for Service use set by the Company
2. If an application for Sign-up is not approved under Paragraph 1, the Company shall inform the applicant of this matter in principle.
3. The Company may impose use restrictions or restrictions by grade in order to comply with the grade and age under the ‘Promotion of the Motion Pictures and Video Products Act’ and the ‘Juvenile Protection Act.’

Article 10 (Changes in a Member’s Information)
If any changes are made to the registration information, a member himself must revise the corresponding information on the online screen or inform the Company of the changes in other methods to revise the information. If some members perform the acts described in Article 20 despite incorrect information registered by a member or incorrect changes in the registered information, the Company may limit or suspend their use of Service under Article 24 of these Terms and Conditions.

Ch. 3 Use of the Service

Article 11 (Commencement of the Service)
1. Members can log in using IDs and PASSWORDS given by the Company or IDs and PASSWORDS that they have entered by themselves. They may change the PASSWORDS individually in the future. The changed PASSWORDS will be saved and managed after being encrypted so only the member can find them.
2. The Company may commence some Services from the designated date. In addition, the Company may divide the Service into certain ranges and separately designate the available time to use by each range. In this case, the Company shall announce the details in advance.
3. In principle, the Service shall be provided seven days a week and twenty-four hours a day.

Article 12 (Provision of the Service)
1. Members shall prepare PC, mobile phone terminals, communication devices, operating systems, communication means, and electricity required to use this Service with their own costs and responsibilities.
2. If the Company may acknowledge that users violate these Terms and Conditions while using the Service, it may impose limitations or suspension on them to use the Service. Even if the Company does not impose any limitation measures on users or third parties, it does not refer that they do not violate the Terms and Conditions. In addition, the Company is not obligated to prevent or rectify users or third parties from violating the Terms and Conditions.
3. The Company does not guarantee that this Service carries no virtual or law flaws (not limited to the Service’s safety, reliability, accuracy, perfection, effectiveness, conformance related to certain purposes, defects related to security, errors/bugs, infringement of rights, etc.). The Company is not obligated to provide the Service to the users only after removing these flaws completely. And it recommends members back up the content all the time.

Article 13 (Changes and Suspension of the Service)
1. The Company may provide the changed Service after it notifies the details of the Service to be changed and the date of providing them to the users based on the method specified in Article 21 (Notification to the Members).
2. The Company may restrict or suspend all or part of the Service if any of the following Subparagraphs occurs;
- if it is unavoidable due to construction, such as maintenance of facilities for Service,
- if a member interferes with Company's business activities,
- if the use of Service cannot be normally provided due to the failure of the power outage, the obstacles of the equipment, or the flood of the amount of usage,
- if Service cannot be maintained due to the Company’s overall circumstances, such as terminating contracts with a Service provider,
- and/or if there is a forceful reason, such as other natural disasters and national emergency conditions,
3. The Company may revise, suspend, or change all or parts of the Service provided free of charge if it is necessary for the Company to carry out policies and operate the Service. In this regard, it is not subject to offer separate compensations to members unless there are special regulations in related statutes.
4. If the Service is suspended under Paragraph 2, the Company shall notify the details of the reasons and period to the members. However, if the suspension of the Service caused by uncontrollable reasons leads the Company to be unable to notify the members in advance, the Company may notify in the future.
5. The Company may conduct regular inspections if it is necessary to provide the Service. The regular inspection time shall comply with the notice on the Service provision screen.

Article 14 (Provision of Information and Advertisement Posting)
1. In order for the Company to operate the Service, the Company may provide various information by posting it on the Service screen or on the ‘Notice’ board of the Service as well as using emails, mails, text messages (SMS, LMS, and Kakao channel talk), push notifications, and telephone.
2. The Company may post advertisements on the homepage and the Service screen and via emails in regard to operating the Service.
3. Members may always refuse to receive information and advertisements, excluding transaction-related information and responds to their inquiries under the related statutes.
4. It is an issue entirely between members and advertisers to communicate or carry on transactions, such as using advertisements posted on the Service or participating in advertiser's promotions through the Service. Even if a conflict arises between members and advertisers, they are the interested parties who should resolve it; the Company shall not bear any responsibilities on that matter.

Article 15 (Attribution of the Intellectual Property Rights)
1. Copyright and all intellectual property rights for the Service shall be vested in the Company. However, members’ posts and works provided according to the affiliate agreement shall be excluded.
2. The Company has ownership of copyright and other intellectual property rights of all trademarks, service marks, logos, etc., related to the Service provided by the Company, including the design of the Service provided by the Company, texts, scripts, graphics (images and emojis, etc.) produced by the Company, and transmission function between members.
3. These Terms and Conditions do not enable members to own the Service or the intellectual property rights for the Service; they are permitted to use the Service by the Company only for information acquisition or personal purpose.
4. Members must not reproduce, distribute, or use the Company's intellectual property rights commercially by any means without permission. Members must not apply for or entitle the Company's intellectual property rights without the Company's prior written consent.

Article 16 (Copyright of Posts)
1. The copyright of posts posted by members within the Service is vested in the producers of the posts.
2. When members post content within the Service, the content may be exposed to in mind’s Service. In addition, the Company will be provided with a free worldwide license to use, store, reproduce, modify, publicly transmit, display and distribute to the extent necessary.
3. If a managing function is provided in the customer center or in mind’s Service, members may take measures such as deletion and correction of contents through the managing function at any time.
4. If any posts posted in the Service infringe on members' rights, they may get help requesting to stop posting through the customer center. The Company may delete or refuse to post if it determines that the posts violate related statutes and the Terms and Conditions of in mind’s Service.
5. In mind’s Service may display some content not owned by the Company. The entity providing the content shall solely take all responsibilities for such content. Even if a member uses in mind’s Service, it does not refer that the member has any rights to the contents of other users. Members must obtain separate permission from the content owner in order to use other users' content.

Article 17 (Deletion of Posts or Content)
1. If any member's posts contain contents that violate the related statutes, such as the 'Information Network Act' and the 'Copyright Law', the right holder may request the suspension or deletion of the relevant posts under the procedures stipulated by the related statute. The Company must take action in accordance with the related statute.
2. There may be a cause that infringes rights or something/someone may violate Company’s Terms and Conditions and other related laws; even if a right holder under Paragraph 1 does not request, the Company may take temporary measures, such as limiting exposure or deletion of the posts in accordance with the related statute.

Article 18 (Individual Terms and Conditions for Affiliate Service Products)
Separate terms and conditions may exist depending on the Service product added for the use of affiliated Services, and if a conflict arises between these Terms and Conditions and each individual agreement, each individual agreement takes precedence.

Ch. 4 Obligations of the Contracting Parties

Article 19 (Company’s Obligations)
1. The Company shall not disclose or distribute the personal information of members that it knows in relation to providing the Service to a third party without the consent of the members. However, the Company does not have to comply with it if due process is in accordance with the provisions of the law, such as a request from the related institutions for the investigation purposes under the related statutes or a request from the Information and Communication Ethics Committee.
2. The Company shall promptly handle complaints from members related to the Service. If it is difficult to process them promptly, the Company shall post the reasons and processing schedule on the Service screen or notify them to the members via e-mail, etc.
3. If the Service provided by the Company causes members any damages due to the Company's intention or gross negligence, the Company shall be liable for them. And the scope of its liability shall be limited to general damages.
4. The Company complies with laws and regulations related to the operation and maintenance of the Service, these Terms and Conditions, and privacy policy, including the Law regarding the Promotion of Information and Communication Network Use and Protection of Information, Communications Secret Protection Act, and Telecommunications Business Act.

Article 20 (Members’ Obligations)
1. Members must not enter false information or steal or illegally use another member's ID and PASSWORD when applying for or changing the Service use. The act of collecting, disclosing, and providing personal information such as other members' registration information and usage history information without permission or using, copying, and distributing it for commercial purposes is also prohibited.
2. The Company grants its members only the right to use the Service for information acquisition or personal purposes in relation to the Service under the terms of use set by the Company. Members must not copy, modify, distribute, sell, transfer, or lend the Service or any part of the software included therein or provide it as collateral without the Company’s consent. In addition, the members must not attempt to create derivative works, reverse-engineer, or extract source codes related to the Service or the software included therein.
3. Members are prohibited from sending or posting information that violates public order, morals, and laws, such as obscene or copyright-infringed information.
4. Members are prohibited from using sound sources or video works live-streamed or downloaded in business establishments or stores, etc.
5. Members are prohibited from posting, transmitting, or using materials that cause malfunction of Service-related facilities or destroy/confuse information or that contain computer viruses/other codes/files/programs interfering with/destroying the normal operation of computer software/hardware/telecommunications equipment.
6. Members are prohibited from distributing false information in order to give profits in property to themselves or others or inflict damages to others.
7. Members are prohibited from posting texts or transmitting data by stealing another person's name or by pretending or impersonating an employee or an operator of the Company.
8. Members must not engage in sales activities to sell products using the Service, except in cases officially recognized by the Company. Business activities are prohibited, such as hacking, profits through advertisements, commercial activities through obscene websites, illegal distribution of commercial software, etc. If these violations cause legal actions such as consequences, losses, and detention by the relevant authorities, the Company shall not take any responsibilities; but the members shall be liable for damages to the Company in relation to such actions.
9. Members must not violate other laws and these Terms and Conditions or engage in any activities that interfere with the normal operation of the Service in a way that is not accepted according to social norms.

Article 21 (Obligations and Responsibilities for Managing Members’ IDs and Passwords)
1. Members must thoroughly manage their member IDs and PASSWORDS because the Company may charge a fee when members apply for some services within the website.
2. Members shall be responsible for all consequences arising from negligence in managing and illegally using members’ IDs and PASSWORDS. However, the Company shall take responsibility for problems due to reasons attributable to the Company, such as system failure of the Company,
3. Members are prohibited from allowing a third party to use their IDs and PASSWORDS. If members realize that their IDs and PASSWORDS are stolen or used by a third party, they must immediately notify the Company and follow the Company's instructions.
4. Member’s IDs must not be changed without the Company’s prior consent.

Article 22 (Notification to the Members)
1. In the case of notification to members, the Company may notify the member through other means, such as the registered email address or SMS.
2. In the case of notification to a large number of unspecified members, the Company may substitute for individual notification by posting the details on the ‘Notice’ screen within the Service.

Article 23 (User's Personal Information Protection)
The Company shall strive to protect members' personal information, including their registration information, under the related statute. Personal information protection for members shall comply with in mind’s privacy policy.

Ch. 5 Contract Cancellation, Restrictions of Use, and Refunds

Article 24 (Cancellation/Termination of the Contract and Restriction of Use)
1. Cancellation of the Contract
Corporate Member
If a member wishes to cancel the contract of use, please get in touch with the person in charge of the Company.
Tel: +82 031 698 2940
Email: help@demand.co.kr
Individual Member
If a member wishes to cancel the Service contract, please cancel the use of the Service through in mind’s Settings> Withdraw the account.
2. If a member does not comply with the matters stipulated in Article 20 (Members’ Obligations), the Company may restrict the use of the Service in stages by warning/temporary suspension/permanent suspension, etc.
3. Notwithstanding paragraph 2, the Company may immediately suspend a member's use of the Service permanently if the member conducts such actions; A) the member steals names, payments, and phone numbers in violation of the ‘Residents Registration Law,’ B) the member provides illegal programs and interferes with the operation in violation of the ‘Copyright Law’ and ‘Computer Programs Protection Act,’ and/or C) the member illegally communicates, hacks, distributes malicious programs, and exceeds access rights in violation of the ‘Information Network Act.’ Even if the member's use is permanently suspended under this Paragraph, the Company shall not be obligated to compensate for this.
4. If any case falls under the reasons set out in these Terms and Conditions, the Company may restrict the use of the Service upon the member's qualifications by following the procedures set forth in these Terms and Conditions even after a member has been given/created an ID and PASSWORD by signing a contract of use.
5. The Company may take necessary measures, such as destroying personal information or storing/managing it separately, in order to protect the personal information of members who have not used the Service for one year, under the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’ and the Enforcement Decree of the same. In addition, if the Company is objectively concerned about theft of account information or a member does not log in for more than one year continuously, the Company may take necessary measures to protect the member’s information and the efficiency of operation, such as temporary measures, restrictions of use, deletion of account information, etc.
6. In the case of restricting the use of the Service or terminating the contract under this Article, the Company shall notify the member of the relevant details under Article 22 (Notification to the Members).
7. Members may follow the procedures set by the Company and file an objection against the Company's measures in Paragraphs 2, 3, 4, and 5 of this Article.
8. If the Company deems that the objection in Paragraph 7 of this Article is justified, the Company shall immediately resume the member’s use of the Service.

Article 25 (Cancellation of the Paid Service)
1. In the case of the corporate members, transactions are made between the member's organization and the Company. Therefore, individuals of the corporate members are not obligated to offer a separate refund procedure for the Paid Service.
2. Any monthly or annual subscriptions will automatically renew for the same period simultaneously when they are expired. Payment and billing of the monthly or annual subscriptions shall be made under the payment information provided by members at each renewal cycle unless the members cancel the use after the subscription has begun.
3. If an individual member wishes to cancel the use of the Paid Service, they must apply for withdrawal before the next renewal cycle begins.
4. If an individual member unilaterally deletes the mobile application or writes a review in the App Store or Google Play Store in order to apply for cancellation, this case does not constitute an application for cancellation of the use contract of the Paid Service.
5. If a member requests to cancel the Paid Service while using it, the refund amount shall follow the refund policy of Google Play or App Store.
6. If any of the details in this Article conflict with the refund policy of the App Store or Google Play, the refund policy of the App Store or Google Play shall be applied.

Article 26 (Prohibition of Transfer)
Members are prohibited from transferring or gifting the right to use the Service and another status in the contract of use to another person. All rights and responsibilities for posts, including copyright, are vested in the members who have posted them.

Ch. 6 Compensation for Damages, etc.

Article 27 (Compensation for Damages)
1. If a member causes damage to the Company in violation of the provisions of these Terms and Conditions, the member who has violated these Terms and Conditions must compensate the Company for all damages.
2. Various objections may be filed to the Company, including claims for damages or lawsuits from third parties other than a member concerned, in the member’s violation of these Terms and Conditions or by his/her illegal actions while the member uses the Service. In such a case, the member shall indemnify the Company at his/her own risk and expense. If the Company is not indemnified, the member shall compensate for all damages incurred by the Company as a result.

Article 28 (Exemption from Liability)
1. The Company is exempted from liability for providing the Service if it is unable to provide the Service due to a natural disaster or force majeure equivalent thereto.
2. The Company shall not take responsibility for any failure to the use of Service or any damage caused by reasons attributable to its members.
3. The Company shall not take responsibility for the loss of revenue that a member has expected by using the Service and for any damages caused by data obtained through the Service. The Company is not obligated to be responsible for the reliability and accuracy of information, data, and facts posted by members on the Service.
4. The Company shall not take responsibility for any damages caused to members in the following cases; A) personal damage caused by a member accessing or using in mind, B) damage caused by a third party illegally accessing or using in mind’s server, C) damage caused by a third party transmitting or distributing malicious programs, D) damage caused by omission, destruction, etc. of transmitted data, and/or E) if a third party causes damage to members in the process of using in mind's Service without the faults of the Company, such as defamation
5. Company shall disclaim any other warranty or liability in regard to transactions made through in mind’s Service between members or between members and third parties, or products or services advertised by a third party via the screen within in mind’s Service or linked websites. The Company has no obligation to intervene in disputes between members or between members and third parties by the medium of the Service. And it shall not be responsible for compensation for damage caused by this.
6. Company shall not take responsibility for the use of free Services unless otherwise specified in the related statutes.

Article 28 (Competent Court)
1. If a dispute arises between the Company and its member in relation to the use of the Service, the Company and the member shall faithfully consult to resolve the dispute.
2. If the dispute is not resolved even in the consultations in Paragraph 1 of this Article, the court having jurisdiction over the location of the Company's headquarters shall be the exclusive competent court to resolve the dispute.


Announcement date:
Effective date: