Terms of Service

Chapter 1 General Provisions

Article 1 (Purpose)

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 2 (Definition of Terms)

The terms used in these Terms and Conditions are defined as follows:

"earsup" refers to a virtual business location, platform, or service space (including mobile apps, web, and websites) set up by the company to provide services using information and communication equipment such as computers or mobile information and communication equipment such as smartphones and tablets.

“Service” means the “earsup” mobile application service and ancillary related services provided by the Company to the Member through earsup.

“Member” refers to a person who agrees to these Terms and Conditions, receives approval from the Company for membership application, and uses the services provided by the Company, and is collectively referred to as “General Member.”

“General user” refers to a person who uses only some of the free features of the service provided by the company without applying for membership.

“Account” means a login account based on an email address and password for using the Service. An account is required to use the Service.

“Account” refers to an account created to identify a user in the service and is a service account granted to a member who has entered into a service agreement with the company in accordance with these terms and conditions.

Any terms used in these Terms and Conditions that are not defined above shall follow the provisions of the relevant laws and regulations.

Article 3 (Effectiveness and Change of Terms and Conditions)

The company posts these terms and conditions on the service home screen so that members can easily check them. However, the contents of the terms and conditions may be made available for members to view through the connection screen.

These terms and conditions come into effect when a member agrees to these terms and uses the service. If a member does not agree to these terms and conditions, the member may cancel the service use agreement.

The Company may change these Terms and Conditions to the extent that they do not violate related laws and regulations, such as the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the Act on Promotion of Content Industry.

Any changes to the terms and conditions will be posted on the website from 7 days prior to the date of application to the day before the date of application, specifying the date of application, the content of the changes, the reason for the changes, etc. However, in the case of revisions to terms and conditions that are disadvantageous to members, notice will be posted on the service from 30 days prior to the date of application to the day before the date of application. The terms and conditions will take effect from the date of application.

Members have the right to disagree with the changed terms and conditions, and if they do not agree with the changed terms and conditions, they may discontinue using the service and withdraw their membership.

If the company clearly states that if a member does not express intent to reject the change by the effective date of the changed terms and conditions when notified of the changed terms and conditions, the member will be considered to have agreed to the changed terms and conditions, but the member does not explicitly express intent to reject the change to the company or if the member uses the service after the effective date of the changed terms and conditions, the member will be considered to have agreed to the changed terms and conditions.

Article 4 (Rules other than terms and conditions)

Matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the relevant laws and regulations, including the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the Act on Promotion of Content Industry.

In addition to these Terms and Conditions, the Company may set separate Terms of Use or operating policies (hereinafter referred to as “Separate Terms and Conditions”) for individual services, and if the contents thereof conflict with these Terms and Conditions, the Separate Terms and Conditions shall take precedence.

Article 5 (Notice to members)

When the company notifies members, it may do so via email, SMS, app push notifications, etc., unless otherwise specified in these Terms and Conditions.

In the case of notification to all members, the company may substitute the notification in paragraph 1 by posting it on the service home screen for more than 7 days or by posting it on the notice board. However, individual notification will be given for matters that have a significant impact on the member's own transactions.

Chapter 2 Service Use Agreement

Article 6 (Establishment of Use Agreement)

The service use agreement is concluded when a person who wishes to use the service (hereinafter referred to as the “applicant”) agrees to these terms and conditions, applies for membership, and the company approves such application. If necessary, the company may request real name verification and identity authentication through a personal identification agency.

If you apply for membership through linkage with external services such as Kakao, Google, or Apple, the service agreement is concluded when the applicant agrees to these terms and conditions, the privacy policy, and the company accessing and using the member's external service account information for service provision, and the company approves the application.

Applicants must provide accurate information when signing a service agreement. If false information is provided, there may be restrictions on service use. In addition, any resulting disadvantages and legal liability are borne by the member who provided false information.

The company may not accept applications for membership that fall under any of the following categories, or may take measures such as restricting use or terminating the service agreement even after acceptance.

When the service provision environment is not as specified by the company or when service provision is technically impossible

If the information provided by the applicant when applying for membership contains false, missing or erroneous information or does not meet the standards required by the company

If the name of the applicant is not the applicant's own name

If the applicant is under 14 years of age

If a member who has already registered applies for membership again

If you have previously lost your membership

In case of using a false name or another person's name

In case approval is not possible due to reasons attributable to the applicant or the application is in violation of laws, these terms and conditions, or other matters stipulated by the company

The company provides members who sign up for the service with an account that includes a nickname and a unique ID.

Article 7 (Cancellation of Membership Agreement)

If a member does not wish to use the service, he or she may terminate the service use agreement at any time using the membership withdrawal (membership withdrawal) method provided by the company.

Members' personal information, such as accounts that have been canceled and usage history information, will be processed in accordance with the company's personal information processing policy and cannot be restored. Members must settle all claims and debts owed to the company for use of the service before notifying the intent to cancel. Members are responsible for any disadvantages resulting from the withdrawal or cancellation of transactions that occur due to the termination of the service use agreement.

The service use agreement will be terminated when the member's intention to terminate reaches the company. However, if actions such as settlement of debts and liabilities have not been completed, the service use agreement will be terminated when such actions are completed.

After completing account withdrawal, members can re-register for the service. However, if a member withdraws and then re-registers for an improper purpose, such as multiple participation in an event where multiple participation is restricted, the company may restrict re-registration for a certain period of time.

Article 8 (Termination of Company Contract)

The company may terminate the service agreement if any of the following reasons occur.

If it is confirmed that the member has a reason for rejecting the application for use

If a member commits an act that infringes upon the rights, reputation, credit, or other legitimate interests of the company or other third parties.

If a member commits or attempts to commit an act that interferes with the smooth operation of the services provided by the company.

If a member is subject to a decision or declaration of bankruptcy/initiation of adult guardianship/initiation of limited guardianship/rehabilitation/bankruptcy, death, missing person report, dissolution, insolvency, or other reasons that make normal use of the service impossible or difficult.

If another member commits an act that violates these Terms and Conditions or a termination reason specified in these Terms and Conditions occurs

Chapter 3 Protection of Personal Information

Article 9 (Protection and Management of Personal Information)

The company does its best to protect its members' personal information.

The company collects necessary personal information from members in order to provide services.

The company strives to protect the personal information of members collected in accordance with the preceding paragraph in accordance with the Personal Information Protection Act and other relevant laws. The relevant laws and the company's personal information processing policy apply to the protection and use of personal information. However, the company's personal information processing policy does not apply to linked sites other than the earsup mobile app and the official website.

Article 10 (Member’s account management obligations)

Members must faithfully manage their account information, including their ID and password. Members are responsible for any damages that occur due to their negligent management of their account information or their permission for a third party to use their account information.

The company is not responsible for the handling of any personal information, including account information, that is exposed due to the member's fault.

If a member becomes aware that his or her account has been stolen or is being used by a third party, he or she must immediately notify the company and follow the company's instructions. The company is not responsible for any disadvantages that may arise from failure to notify the company or follow the company's instructions.

The company is not responsible for any damages suffered by members due to loss, theft, or disclosure of the member's account information. However, this does not apply in cases where the loss is due to the company's intent or negligence.

Article 11 (Change of Member Information)

Members may view, edit, and delete any personal information (including text, graphics, photos, or other materials) provided to the company during the service use process through methods designated by the company, such as accessing the earsup personal information management screen.

If there is a change in the member information provided by the member at the time of application for membership, the member must correct the information or notify the company. The company is not responsible for any disadvantage resulting from failure to correct or notify the information.

If the Company requests a change in member information, the member must immediately provide supporting documentation regarding the change.

Chapter 4 General Service Use

Article 12 (Contents of Service)

The company provides the following services to its members:

(Pictures containing motivational/quote quotes) Content platform service

•

Content service (pictorial works containing motivational/famous quotes, etc.) from brands/artists with whom the company has signed an affiliate agreement

Any services that other companies provide to members through additional development or partnership agreements with other companies.

In the process of providing services to members, the Company may provide other additional services, including the services stipulated in these Terms and Conditions.

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

Article 13 (Use of Services)

You can use the service immediately after the company approves your membership application.

The Company provides services 24 hours a day, 365 days a year, unless there are special business or technical difficulties.

Notwithstanding the preceding paragraph, the Company may temporarily suspend the Service for a certain period of time if necessary for the operation of the Service, such as for regular system maintenance, and the Company will notify of this in advance. However, if there are unavoidable reasons that prevent advance notice, the Company may notify of this after the fact.

If the Company needs to suspend all services due to service planning or operation or urgent circumstances of the Company, the Company may suspend service provision after giving advance notice. However, if it is due to reasons beyond the Company's control, the Company may provide notice afterwards.

Article 14 (Changes to Services)

The Company may modify, add, terminate, or otherwise change all or part of the services it provides if necessary for service operation or technology.

If the content of the service is modified, added or terminated in accordance with the preceding paragraph, the company will notify members of the change in the content of the service or the fact of termination in accordance with Article 5 (Notification).

The Company may arbitrarily modify, suspend, change, or terminate part or all of the services provided free of charge as required by the Company's policies and operations, and no separate compensation will be provided to members for this unless there are special provisions in relevant laws.

Article 15 (Company Obligations)

The Company will not engage in any acts prohibited by these Terms or contrary to relevant laws and regulations or public morals, and will make every effort to provide continuous and stable services. In the event of a service failure or loss, the Company will repair or restore it without delay unless there are unavoidable reasons.

If the company objectively recognizes that the opinions or complaints raised by members are justified, it will endeavor to promptly process them within a reasonable period of time. If prompt processing is difficult, the company will notify the member of the reason and processing schedule.

Article 16 (Member's Obligations)

Members must not use the service for purposes other than its original purpose or engage in any of the following acts.

If you steal another member's account or other people's information or impersonate the company or its members

If you interfere with the operation of the service, such as by providing false information while using the service

If you transfer an account provided by the company to another person

In case of infringement of intellectual property rights, portrait rights, or other rights of the company or other third parties

In case of defamation by writing true or false facts for the purpose of slandering another person

If you post obscene or violent messages, images, audio, or other information that is against public order and morals

If you post low-speed or obscene data, text, software, music, photos, videos, etc.

If you post content for which you do not have the proper rights (including all rights including intellectual property rights)

In the case of distributing false information for the purpose of providing financial benefits to oneself or others or causing damage to others

In case of collecting, storing, distributing, or posting personal information of others without consent

If you interfere with the operation of the company's services by manipulating data in an unusual way.

If you transmit, post, distribute, or use any material containing software viruses or any other computer code, file, or program designed to interfere with or destroy the normal operation of computer software, hardware, or telecommunications equipment,

If the service is changed through server hacking, data leaks, bugs, etc. or the service is used in a way not specified by the company

In case of violation of related laws, service terms of use, operating policies, or notices

Any act of using the service for commercial purposes or posting unauthorized advertisements or promotional materials without prior approval

An act of stealing the company's intellectual property without the company's consent.

Providing information within the Service to the Company's competitors or potential competitors

Accessing information that is not open to members, such as the company's servers

In case of violating public order and morals or acting in an illegal or unfair manner

In cases where violence is incited against a specific person or group or human dignity is damaged based on factors such as origin (country, region, etc.), race, appearance, disability and disease, socioeconomic status and status, religion, age, gender, gender identity, sexual orientation, or other identity factors.

If a member engages in any act that violates these Terms, the Company may delete or temporarily delete digital content and related posts, restrict use of the service, terminate the contract, permanently withdraw the member, or take civil or criminal action. If the Company suffers damages as a result, the Company may recover costs equivalent to the amount of damages.

Article 17 (Company’s copyright, etc.)

All rights, including copyrights and intellectual property rights, to the various services provided by the company to its members belong to the company.

The company grants members only the right to use IDs, accounts, content, etc. in accordance with the terms of use set by the company in relation to the service, and members may not dispose of these rights by transferring, selling, or providing them as collateral.

All rights, including copyrights for various services provided by the company to its members, including intellectual property rights for the company's trademarks, logos, content posted or sold by the company, advertisements, and other intellectual property rights produced and provided by the company belong to the company.

Article 18 (Posting and Transmission of Advertisements)

The Company may display advertisements within the Service in order to maintain the Service.

The company assumes no responsibility for any loss or damage that may arise from a member's participation in or transaction with third-party advertisements posted on the service.

The company may provide marketing information, etc. to members through various electronic transmission media such as email, app push notifications, etc. If a member does not agree to this, he/she may express his/her intention to refuse to receive such information, and if the member's intention to refuse to receive such information is confirmed, the company will not provide marketing information, etc. to the member.

Chapter 6 Damages, Exemption Clauses, etc.

Article 19 (Compensation for damages)

If a member violates the provisions of these Terms and Conditions and causes damage to the Company or a third party, the member must compensate the Company or the third party for the damage.

Article 20 (Limitation of Liability)

The Company shall be exempt from liability for providing services if it is unable to provide services due to natural disasters, war, or other similar force majeure.

The Company is exempt from liability for any damage suffered by members due to disruption, change, or suspension of the Service, except in cases where the disruption, change, or suspension of the Service is due to the Company's intentional or negligent actions.

The company is not responsible for any service disruption or damage caused by the intentional or negligent actions of Internet users or members.

The company is exempt from liability for any disadvantages or loss of information that may arise from a member changing his or her personal information (including account).

The Company shall not be liable for any damages caused to the member, other members, or third parties due to the member's actions. If a dispute arises between the Company and another member or a third party due to the member's fault, the member shall resolve the dispute at his/her own expense and responsibility and shall be exempt from the Company's obligations or liabilities (including the obligation to pay attorney's fees) arising in relation thereto.

The Company has no obligation to intervene in disputes that arise between members or between members and third parties through the service, and is not responsible for compensating any damages resulting therefrom unless the Company is at fault.

The Company shall not be liable for any damages resulting from a Member's refusal to receive information provided to the Company.

The company is not responsible for the reliability, accuracy, etc. of information, materials, or facts posted by other members.

The company is not responsible for members not achieving the expected results from using the service.

10.

The company does not assume any responsibility for any transactions of goods or money between members or between members and third parties through the service.

11.

The Company shall not be liable to any member for any services provided free of charge by the Company, except for violations of the provisions of the Personal Information Processing Policy or criminal acts intentionally committed by the Company.

Article 21 (Jurisdiction and Governing Law)

Any legal dispute arising between the Company and its members in connection with these Terms and Conditions and use of the Service shall be governed by, interpreted and enforced in accordance with the laws of the Republic of Korea.

In the event of a dispute between the Company and a Member in connection with these Terms and Conditions and the use of the Service, each party shall seek a solution through consultation based on good faith. However, if the dispute is not resolved through such consultation, it shall be resolved through litigation in a court of competent jurisdiction under the Civil Procedure Act.

Supplementary provisions

These Terms apply from March 13, 2025.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

A. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

B. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

C. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

D. External Services. The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

E. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

F. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

G. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any US-embargoed countries or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

H. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 CFR §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR §12.212 or 48 CFR §227.7202, as applicable. Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

I. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a US citizen; (b) you do not reside in the US; (c) you are not accessing the Service from the US; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

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