Terms of Service

Last updated: Oct 01, 2021

PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE (DEFINED BELOW).
This Terms of Service, along with any applicable Additional Terms (see Article 1 below) (hereinafter, the “Product Terms”) govern your use of and access to our service, customer support, website, any interactive areas, software, applications (hereinafter, the “Services”).
The Services are provided by DEEP SAND Inc. (“we”, “our”, “us”, or “DEEP SAND”). Please note that the Terms of Service constitute a binding legal agreement between you and DEEP SAND. By installing, and/or using the Services, visiting our website, you acknowledge that you have read the Terms of Service, understand them, and agree to be bound by this Terms of Service. If you are using the Services on behalf of an organization/institution, you are agreeing to this Terms of Service for that organization/institution and acknowledging that you have the authority to act on behalf of that organization/institution and commit to these Terms on behalf of that organization/institution. If you do not agree with this Terms of Service or any provisions hereof, please do not use our Services.

Article 1. Additional Terms
Any matters that are not prescribed in this Terms of Service shall be subject to the relevant laws and regulations, Operation Policies, and Rules set forth by the Company (hereinafter, the "Guiding Principles").
Our Services are subject to one or more of the additional product terms below (“Additional Product Terms”). If there is any conflict between the terms in the Terms of Service and the Additional Product Terms, then the Additional Product Terms govern that Service.

Article 2. Effect and Modification of Terms of Service
These Terms of Service shall be posted on the relevant pages of our website or Services and shall enter into force between the Parties that have consented hereto.
DEEP SAND, if deemed necessary, can modify this Terms of Service within the scope not contravening the relevant laws and regulations. In such case, the amended contents shall be announced or notified by us at least fifteen (15) days prior to the effective date. If the foregoing modification unavoidably operates to your disadvantage, the Company shall individually transmit the notice thereon, at least thirty (30) days prior to the effective date, to your email address via email.
Unless you explicitly refuse to accept the modification within a set period, from the date of announcement or notification hereby to seven (7) days after the effective date, the Company shall presume your consent thereto. Unless you agree to the revised Terms and Conditions, you may terminate the Service Agreement at any time.

Article 3. Services
DEEP SAND exerts every effort in providing the Services 24/7/365. If a case falls under any of the following subparagraphs, all or part of the Service shall be restricted or suspended by the Company.
Regular or provisional check for equipment maintenance of the DEEP SAND Service
Service disruption due to blackout, equipment failure, or traffic overload
Any case that the Company can no longer maintain the DEEP SAND Account Service due to changes in the circumstance including termination of Partnership Agreement, the government order/restriction, etc.
Natural disaster, national emergency, or other force majeure events
Service suspension due to any of the foregoing causes shall be notified or announced in the method prescribed in Article 8, provided that any cause that the Company is unable to predict or control (ex. Disc/server failure or system down without the Company's negligence) shall make an exception of prior notification or announcement herein. However, even for such exceptional cause, the Company shall exert its utmost effort to recover the Service at the earliest possible time.
Modification or termination of the Service shall be individually notified via email to a registered email address.
Your use of the Services is at your own risk. The Services may be modified, updated, interrupted, or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this.

Article 4. Payments
All our Paid Services are subscribed to by pre-order. You choose the service period and the payment method yourself when you sign up for the Paid Services. Your Service does not automatically renew, and you may renew your Paid Service manually by pre-order before or after the Paid Service expires. All prices, including paid service fees, are subject to change. Any changes in pricing shall be notified or announced in the method described in Article 8.
We may offer a free trial for our Paid Services. The service period of the free trial and other details will be specified during a sign-up. We determine your free trial eligibility at our sole discretion, and to the extent permitted under applicable law, we may limit or withdraw a free trial option at any time without prior notice.
Only basic payment information is processed through our payment service providers and payment processing partners.
Any fees charged by us are exclusive of taxes. However, we may calculate and add any taxes and/or additional fees, including, but not limited to sales tax, value-added tax, and other taxes or fees under laws applicable to you. Such taxes and fees are calculated based on the billing information you provide to us at the time of purchase.

Article 5. Refund and Cancellation Policy
If the ordered Paid Service has not yet been used, you may cancel the purchase and receive a refund by requesting it within up to 7 business days from the date the order is placed. If your order includes a free trial, the 7-day period during which you may request a refund will be counted from the date your free trial begins, not from the date you are later billed for the Paid Service. We reserve the right to approve or reject any refund request made after 7 business days, in our sole discretion, unless the Paid Service is defective. If a refund is made after 7 days for a Paid Service, you may receive a partial refund on a pro-rata basis for the remaining period of the subscription. In the event of a refund for any reason, DEEP SAND reserves the right to suspend a user's access to a Paid Service that has been purchased.
You can only get a refund for our Services twice. If you purchase any of our Services again after that, you will not be granted a refund for any further cancellation, unless applicable law provides otherwise. However, the number of refunds will reset every year from the date of account registration. No refunds will be considered for accounts terminated for violation of this Terms of Service. Once the refund is issued to you, you will lose access to the Services.
You have a right to cancel your Paid Service at any time. You can cancel a Paid Service from your DEEP SAND account. Canceled Paid Service will not be refunded for the unused part of the ongoing service period.

Article 6. Accounts
You must set up an account to use any of the Services. You can sign up for an account by entering certain information on our website or Services.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer or mobile device on which your account resides or is accessible.
You are responsible for maintaining the confidentiality of your account email and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account, email, or password.
You can view and modify your information on the page of the DEEP SAND Account on our website or in our Services. However, you may not be able to change some information including email and other user identification information required to provide and manage the DEEP SAND Account Service. In case of such modification, additional user identification may be required.
We take no responsibility for any loss attributable to your negligence in timely updating the DEEP SAND Account Information.
You shall be permitted in principle to use the DEEP SAND Account by us; Provided, however, we may withhold or refuse its approval on the use of the DEEP SAND Account, if a case falls under any of the following subparagraphs.

  1. Provided that the Company has deleted your DEEP SAND Account under this Terms of Service or Guiding Principles
  2. Provided that you have attempted to create a DEEP SAND Account by using a third party’s name, email address or personal information
  3. Provided that you enter no required information, or false information in the process of creating a DEEP SAND Account
  4. Provided that there is no sufficient capacity to provide the Service
  5. Provided that any technical issue is detected in providing the Service
  6. Provided that the Company admits the financial or technical needs thereof
  7. Provided that any member whose qualification has been suspended attempts to arbitrarily terminate and re-enter the Service Agreement within the period of such regulatory measures
  8. Provided that any attempt to contravene the relevant laws and regulations or Guiding Principles set forth by the Company occurs

Provided that you turn out to have created an account there against, we may impose proper restrictions by immediately suspending the use of, or deleting your DEEP SAND Account.

Article 7. Protection of Personal Information
The primary task of DEEP SAND is to securely process your personal information. Such information shall be used to provide a seamless Service only within the purpose and scope agreed between the Parties hereto. Unless you have made a separate consent, or except as otherwise prescribed in the relevant laws and regulations, we must not provide your personal information, which you can rest assured. You can find which efforts we exert to securely process your personal information in the DEEP SAND Privacy Policy.

Article 8. Notification and Announcement
Communication with you is most valued by us. You can raise your opinions by Contact DEEP SAND at any time. Notification for you shall come into force by being posted on the website for no less than seven (7) days. Any notification that may gravely affect your conditions shall be individually sent to your registered email address via email.

Article 9. The obligation of Contracting Parties
You must perform none of the following activities in the use of the Service.

  1. Enter false fact while applying or modifying the Service Use; appropriate or unjustifiably use other Member's DEEP SAND Account and Password; use other's email address
  2. Defame or injure other's reputation
  3. Upload lewd materials on the bulletin board and/or connect (link) harmful sites
  4. Violate other rights of the Company or a third party including copyright
  5. Disseminate to others any information, sentence, figure, or voice against public order and/or good morals and manners
  6. Register or circulate computer viruses to cause malfunction of equipment, and/or destroy and disrupt information related to the DEEP SAND Service
  7. Transmit any information, in bad faith, that can interfere or impede a stable Service operation, or any commercial information or Spam Mails against the recipient's explicit refusal of reception
  8. Copy, alter, distribute, sell, transfer, lend, secure or allow others to use the Service or part of software thereof without the Company's consent; and/or copy, disassemble, imitate or transform the Service including reverse-engineering of software or any attempt to extract source code
  9. Personate a false identity of other person and/or misrepresent the relationship with other person
  10. Collect, store and/or disclose other Member's personal information
  11. Circulate false information to provide oneself or others with proprietary benefits, or to damage others
  12. Circulate any information to arrange prostitution or mediate lewd acts
  13. Interfere other's daily life by having utterance, sound, writing or video clip that arouses shame, revulsion or fear continuously reached to the aforementioned other person
  14. Transmit or publish any information (including a computer program) prohibited by the relevant laws and regulations
  15. Upload a post, or transmit email by disguising or personating any officer or administrator of the Company or Partners, or appropriating other's name
  16. Post any material that contains a software virus, other computer code, file, or program designed to disrupt or destroy the normal operation of computer software, hardware, and electronic communication devices; and/or transmit the foregoing via email
  17. Other Illegal Act

You shall neither transfer nor grant your rights to use and legal status hereby, nor impignorate the foregoing rights and status.
Unless you abide by the relevant laws and regulations, and all sorts of Terms of Service or Policies of DEEP SAND, your contravention may be investigated; his/her use of the Service may be temporarily or continuously suspended; or your resubscription may be restricted by DEEP SAND.
You can refer to the DEEP SAND Operation Policy for any matters prescribed herein and/or other details about the use of the Service.

Article 10. Termination of the Service
You can apply for the termination of the Service Agreement at any time in use of the menu provided in the Services. We will take action accordingly in a swift manner as prescribed under the relevant laws and regulations.
Provided that there exists no record of signing into or accessing the Service for a certain period of time stipulated in the relevant laws and regulations, we may discard or separately store your information after notifying such measures to a registered email address or any other valid methods. If any essential information to activate the Account Service lacks thereby, this Service Agreement may be terminated. For further information, please refer to the DEEP SAND Operation Policy.
Upon termination of the Service Agreement, any information associated with the Account and the Service shall be deleted, except as otherwise prescribed in applicable laws and Privacy Policy.
You can attempt to re-enter into the Service Agreement, even after termination of the Agreement.

Article 11. Indemnification for Damage
With regard to the Service, we must not assure or guarantee any specific matters that are not prescribed in this Terms of Service within the scope permitted under the relevant laws and regulations. We shall provide no warranty on credibility and accuracy of the information, data, and fact posted in the Service in a way that the Contents Provider (CP) offers and shall take no responsibility for any loss that occurred without our negligence.
We will compensate for any loss caused by its negligence under this Terms of Service and the relevant laws and regulations; provided, however, that we shall take no responsibility for any loss that occurred without its negligence as prescribed in the following subparagraphs. Furthermore, we shall take no liability for indirect, particular, consequential, disciplinary, and punitive loss.

  1. Any loss occurred in an uncontrollable state including natural disaster or equivalent force majeure
  2. Service error due to reasons attributable to the Members
  3. Personal loss arising from access to or use of the Service
  4. Any loss originated from illegal access to or use of the Company's Server by a third party
  5. Any loss originated from the impeded transmission to or from the Company's Server by a third party
  6. Any loss originated from the transmission or spread of malware by a third party
  7. Any loss arising from the use of the Service by a third party including damage or defamation caused by omission, deletion, destruction, etc. of transmitted data
  8. Any other loss arising from acts of the Company that are not intentional or negligent

Article 12. Electronic communications
You agree to receive communications from us electronically, e.g., by email, application messages, etc., and consent that such notifications satisfy any legal requirement for communication in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
When communicating with our customer support representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

Article 13. Application Platform Terms
If our service is provided to you through Apple, Inc. (hereinafter, the “Apple”) App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple.
These Terms of Service are concluded between you and DEEP SAND, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services for the Service to the extent that the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service and/or your possession and use of the application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Terms of Service, and upon your acceptance of this Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service against you as a third party beneficiary of this Terms of Service. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Article 14. Miscellaneous
We reserve the right to modify and update these Terms of Service at our sole discretion, at any time, for any reason, and without liability.
We also reserve the right to modify or update the operation of the Services at our sole discretion, at any time, for any reason, and without notice or liability. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
The Terms of Service constitute an agreement between you and us regarding the use of the Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
You may not assign this Terms of Service or any rights or interest under this Terms of Service or delegate any obligations to be performed under this Terms of Service, without our prior written consent.
These Terms of Service shall be stipulated and executed under the laws and regulations of the Republic of Korea. In case of any disputes arising out of or related to the use of the Service between the Parties concerned, we shall faithfully consult with the other Party hereto to resolve such issues. Unless the foregoing conflicts are settled, we may file a lawsuit to a competent court under the Civil Procedure Act.
For all purposes, the English language version of the Terms of Service shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version of the Terms of Service and any subsequent translation into any other language, the English language version shall govern and control.
Date: Oct 01, 2021
Enforcement Date: Oct 08, 2021