Terms of Service

Last modified: July 10, 2024

These Terms of Use govern the download, access and use of the mobile application "Verse a day earsup" (hereinafter referred to as "earsup") of Sprout Grow Labs Co., Ltd. earsup is distributed free of charge on Google Play (Android) and Apple Store (iOS), and by installing and using the application, the user is deemed to have agreed to these Terms of Use and the Privacy Policy.

The original version of these Terms was written in Korean and may be translated into other languages through machine translation tools if necessary. In the event of any discrepancies between the translated version and the original, the Korean version shall prevail.

Article 1 (Purpose)

These Terms and Conditions are intended to regulate the rights, obligations and responsibilities between Sprout Grow Labs Co., Ltd. (hereinafter referred to as the “Company”) and users of the Service in relation to the use of the “When You Need to Talk earsup” application and other websites and platforms (hereinafter referred to as the “Service”) provided by the Company through mobile devices.

Article 2 (Definitions)

“Company” means the business entity that provides the Platform through mobile devices.

“General User” means a person who uses only some of the free features of the Service provided by the Company.

“Paid User” means a person who enters into a usage agreement in accordance with the terms and conditions and uses paid functions provided by the Company.

“Service” means the “Verse a day earsup” mobile application service and related ancillary services provided by the Company to the User.

Article 3 (Provision of Company Information)

The company will state the following within the service or on the company's website so that users can easily understand them:

Name of company and representative

Business location address

Email address

Business registration number

Mail order business registration number

Article 4 (Effectiveness and Change of Terms and Conditions)

The Company posts the contents of these Terms and Conditions within the Service or on its linked screens so that users can be aware of them. Important contents are clearly indicated in bold letters, etc.

In the event of a revision to the Terms and Conditions, the effective date and reason for the revision will be clearly stated and posted on the home screen of the site along with the current Terms and Conditions. In the event of a change that is disadvantageous to the user, notice will be given at least 30 days in advance.

The revised terms and conditions will only apply to contracts entered into after the effective date, and the terms and conditions prior to the revision will apply to existing contracts. However, if an existing contract holder wishes to apply the revised terms and conditions, he or she may request it within the notice period for the revised terms and conditions.

Matters not specified in the Terms and Conditions and their interpretation shall be governed by relevant laws and customs.
The Company may revise these Terms and Conditions in accordance with relevant laws and regulations.

Article 5 (Conclusion and application of usage agreement)

earsup is available for free on Google Play (Android) and Apple Store (iOS). By downloading and using the application, both general users and paid users are deemed to have agreed to these Terms and Conditions and Privacy Policy.

Paid users can subscribe to the premium version through various payment plans, and the usage agreement is made by checking the paid subscription guide screen and through the payment options provided in the application store.
Article 6 (Rules other than terms and conditions)

Article 6 (Rules other than terms and conditions)

Matters not specified in these Terms and Conditions and their interpretation shall be governed by relevant laws and general practices.

Article 7 (Operating Policy)

The requirements and specific scope for the application of the Terms and Conditions may be determined by operating policy.

If we establish an operating policy, we will post it within the service or on a connected screen.

When revising the operating policy, the procedure in Article 4, Paragraph 2 shall be followed. However, if the revised operating policy is not related to user rights and obligations, prior notice shall be given.

Article 8 (Protection and Use of Personal Information)

The company does its best to protect users' personal information in accordance with relevant laws, and matters related to the protection and use of personal information are subject to relevant laws and the company's personal information processing policy.

Except as required by law, the Company will not provide personal information to third parties without the user's consent.

If personal information is leaked due to the user's fault, the company is not responsible.

Article 9 (Obligations of the Company)

The company will not engage in any acts prohibited by the terms and conditions or laws or that are against public order and morals, and will strive to provide continuous and stable services.

The company must establish a security system to protect personal information so that users can safely use the service.

If equipment malfunctions or data is lost during the process of improving service, the Company will do its best to repair or restore it without delay.

Article 10 (User Obligations)

Users must not:

Purchasing paid content by stealing someone else's credit card, etc.

Acts of using the service for unauthorized commercial purposes, etc.

Any act that infringes upon the company's intellectual property rights

Any unauthorized modification of the application or hacking of the server.

Users must thoroughly manage their accounts and mobile devices, and the company is not responsible for any damages resulting from negligence in management.

Users must set up and manage a payment password feature to prevent fraudulent payments.

Article 11 (Provision of Services)

The company provides services immediately to users who have completed the service agreement. However, some services may be provided from a specified date depending on the company's needs.

When providing services to users, the company may provide other additional services, including the services stipulated in these terms and conditions.

The company may differentiate use by classifying users into different levels and subdividing them into usage time, number of uses, and scope of services provided.

Article 12 (Use of Services)

The Company may temporarily suspend part or all of the Service in the following circumstances, in which case the reason and period will be notified in advance on the application home screen or service notices. However, if unavoidable circumstances arise that make it impossible to provide prior notice, notice may be provided after the fact.

When necessary for system operation, such as regular system maintenance, server expansion and replacement, or network instability.

In cases where normal service provision is difficult due to power outage, service facility failure, service usage surge, or facility maintenance or inspection by the telecommunications service provider.

In the event of a situation beyond the company's control, such as war, incident, natural disaster, or similar national emergency

The Company provides services through dedicated applications or networks for mobile devices. Users can download and install applications or use the services for free or for a fee through networks.

To use paid content, you must pay the fee specified for the service. When downloading applications or using services through the network, separate fees may be charged by your mobile carrier.

The services provided through downloaded and installed applications or networks are provided according to the characteristics of the mobile device or mobile carrier. Some or all of the content may not be available when changing mobile devices, changing numbers, or roaming overseas, and the company is not responsible in this case.

Downloaded applications or services provided through the network may involve background tasks. In this case, additional charges may be incurred depending on the characteristics of the mobile device or mobile carrier, and the company is not responsible for this.

Article 13 (Changes and Suspension of Services)

The Company may change the Service according to operational or technical needs, and any changes will be announced in advance within the Service. However, in unavoidable cases such as bug fixes, error resolutions, and emergency updates, or in cases where the changes are not significant, notice may be given after the fact.

The Company may suspend the Service if it becomes difficult to continue its business due to a transfer, division, or merger of business, or for other significant management reasons such as a significant deterioration in the profits of the relevant Service. In this case, the date of suspension, the reason for suspension, compensation conditions, etc. will be announced on the initial screen or connection screen of the Service application 30 days prior to the date of suspension, and users will be notified in accordance with Article 23, Paragraph 1.

Article 14 (Collection of information, etc.)

The company may collect and use mobile device information (settings, specifications, operating system, version, etc.) excluding users' personal information to ensure stable operation of the service and improve quality.

In order to improve the service and introduce services to users, the company may request additional information. Users may accept or decline this request, and the company will clearly inform users that they may decline the request at the time of the request.

Article 15 (Provision of Advertisements)

The company may insert advertisements during the operation of the service and send advertising information through push notifications, etc. only if the user has agreed to receive them. The user may refuse to receive them at any time, and if the user refuses to receive them, the company will no longer send advertising information.

The services provided by the Company may include features that may link to third-party advertisements or services through banners or links.

In the event that you are linked to a third-party advertisement or service pursuant to Paragraph 2, the Company is not responsible for the reliability or stability of such service, as it is not within the Company's jurisdiction. The Company is not responsible for any damages incurred by the user as a result of this, but the Company may be held liable if the damages are caused by the Company's intentional or gross negligence.

Article 16 (Attribution of copyright, etc.)

The copyright and other intellectual property rights of all content within the services provided by the company belong to the company. However, the copyright of content created by creators belongs to the creators.

Users must not copy or transmit information obtained from services provided by the Company for commercial purposes or provide it to others without the prior consent of the Company or the information provider. The intellectual property rights of this information belong to the Company or the information provider.

Article 17 (Purchase, period of use and use of paid services)

Paid services purchased by users within the Service can only be used on the mobile device on which the application was downloaded or installed.

The period of use of the paid service purchased by the user shall be in accordance with the period stated at the time of purchase. However, in the event that the service is discontinued pursuant to Article 13, Paragraph 2, the period of use of the paid service without a period limit shall be until the date of service discontinuation stated in the notice of service discontinuation.

Article 18 (Payment)

Payment and billing for paid services are basically subject to the store operator's policies, and the limits for each payment method are determined by the company or store operator's regulations or government guidelines.

When paying for paid services in a foreign currency, the actual amount charged may differ from the amount displayed in the service store due to exchange rates and fees.

For subscription-based paid services, when the initial subscription period ends, it will automatically renew for the same period and the then-current applicable fee will be charged. If the user does not cancel the subscription, the service will continue.

Article 19 (Withdrawal of subscription, etc.)

Users who have entered into a contract to purchase a paid service may cancel their subscription without any fees or penalties within 7 days from the later date of the date the content becomes available or the date of the purchase contract.

In the following cases, the user cannot withdraw the subscription without the consent of the company. However, in the case of partially composed content, withdrawal of subscription is possible for the remaining portion that is not applicable:

Paid services that are used or applied immediately upon purchase

Services with additional benefits

Services where utility is determined upon opening or where opening itself is considered use

The company clearly indicates the services for which withdrawal of subscription is not possible, and takes measures to ensure that the right to withdraw subscription is not hindered by providing products that users can try or providing information about the content. If such measures are not taken, the user may withdraw subscription.

If the content of a paid service is different from the displayed or advertised content or provided differently from the contract, the user may cancel the subscription within 3 months from the date the service became available or within 30 days from the date the user became aware of the fact.

When a user requests a withdrawal of subscription, the company will check the purchase history through the platform operator or store operator. The company may contact the user to confirm the legitimate reason for withdrawal and may request additional evidence.

If a subscription is canceled, the company will retrieve the paid content without delay and refund the payment within 3 business days. If the refund is delayed, the company will pay the delayed interest according to the interest rate stipulated in the Electronic Commerce Act and related enforcement ordinances.

If a minor enters into a service purchase agreement, you are informed that the minor or his/her legal representative may cancel the agreement without the consent of his/her legal representative. An agreement entered into without the consent of his/her legal representative may be canceled, except in cases where the minor deceives and pretends to be an adult or deceives others into believing that he/she has the consent of his/her legal representative.

Whether a party to a service purchase agreement is a minor is determined based on the mobile device used for payment, payment executor information, payment method holder, etc. The company may request submission of documents proving that the party is a minor or a legal representative.

Article 20 (Refund of overpayment)

In the event of an overpayment, the Company will refund the amount to the User. However, if the overpayment is due to the User's mistake and not the Company's intention or negligence, the User shall bear the actual cost required for the refund within a reasonable range.

Application payments follow the store operator's payment method, and if an overpayment occurs during the payment process, the user or company must request a refund from the store operator.

Communication charges (call charges, data charges, etc.) incurred from downloading applications or using network services may not be eligible for refund.

The refund process will be carried out according to the refund policy of each store operator or company depending on the type of operating system of the mobile device.

The Company may contact you through the information you provided to process the refund of overpayments and may request additional information as needed. The Company will process the refund within 5 business days from the date you provided the information required for the refund.

Article 21 (Compensation for damages)

If the company or user violates these terms and causes damage to the other party, the company or user is responsible for compensating for the damage. However, the company or user is not responsible if there is no intent or negligence.

If the company provides services in cooperation with individual service providers through an affiliate agreement, and the user suffers damages after agreeing to the terms of use of the individual service, the individual service provider is responsible for the damages if they are caused by the individual service provider's intent or negligence.

Article 22 (Company’s Indemnification)

The company is not responsible for cases where it is unable to provide services due to natural disasters or other force majeure.

The company is not responsible for damage caused by maintenance, replacement, regular inspection, construction, etc. of service facilities.

The company is not responsible for any service disruption caused by the user's intention or negligence. However, this does not apply in cases where the user has unavoidable or justifiable reasons.

The Company is not responsible for the reliability and accuracy of information or materials posted on the Service by users, unless there is intent or gross negligence on the part of the Company.

The Company has no obligation to intervene in any transactions or disputes that arise between users and other users or third parties through the Service, and is not responsible for any resulting damages.

The company is not responsible for any damages that occur while using the service provided free of charge.

If the user does not obtain the expected benefits or incurs losses through use of the service, the company is not responsible for this.

The Company is not responsible for any third-party payments that occur due to the User's failure to manage the mobile device password or the password provided by the store operator. However, this does not apply in cases of the Company's intentional or negligent actions.

The Company shall not be liable for any inability to use all or part of the content functions due to changes in mobile devices, numbers, operating system (OS) versions, overseas roaming, or telecommunications carriers. However, this does not apply in cases of intent or negligence on the part of the Company.

10.

The Company shall not be liable if the User deletes content or account information provided by the Company, except in cases of intent or negligence on the part of the Company.

11.

The company is not responsible for any damages incurred by temporary users while using the service. However, this does not apply in cases of intent or negligence on the part of the company.

Article 23 (Notice to Users)

When notifying users, the Company may deliver notices through in-service notices, push notifications, website notices, etc.

In case of notification to all users, the company may substitute the notification in Paragraph 1 by posting it within the service for more than 7 days or providing a pop-up screen.

Article 24 (Jurisdiction and Governing Law)

These Terms and Conditions shall be interpreted and applied in accordance with the laws of the Republic of Korea. If a dispute arises between the Company and the User and a lawsuit is filed, the lawsuit shall be handled in a court of competent jurisdiction designated in accordance with the procedures set forth in the law.

Article 25 (User Complaint Handling and Dispute Resolution)

For the convenience of users, the company provides guidance on how to submit opinions or complaints within the service or on related screens. In addition, the company operates dedicated personnel to handle such opinions or complaints.

If the opinions or complaints raised by users are objectively justified, the company will promptly process them within a reasonable period of time. However, if processing takes a long time, the company will notify users of the reason and expected processing schedule within the service or notify users in accordance with Article 23, Paragraph 1.

If a dispute arises between the company and a user and a third-party dispute resolution agency intervenes, the company may faithfully explain the user's usage restrictions, etc. and follow the resolution of the resolution agency.

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