This Terms of Service is intended to define the rights, duties, and responsibilities of the platform and the users regarding the use of subtitle-related services provided on Jocasso, operated by Code Mafia Inc. (hereinafter referred to as the "Company").
※ 「These terms also apply to e-commerce using PC communication, wireless, etc., unless it contradicts the nature of these.」
① The term "Platform" refers to a virtual business place set up to enable transactions of goods such as translation subtitles, basic subtitles, etc., provided to users using computer and other information communication equipment.
② The term "User" refers to both members and non-members who connect to the "Platform" and receive the services provided by the "Platform" according to these terms.
③ The term 'Member' refers to an individual who has registered as a member on the "Platform", and can continuously use the services provided by the "Platform".
④ The term 'Non-member' refers to an individual who uses the services provided by the "Platform" without registering as a member.
① The "Platform" shall post the contents of these Terms and Conditions, name and representative's name of the company, business location address (including the address where consumer complaints can be processed), telephone number, e-mail address, business registration number, telecommunication sales report number, and personal information management manager on the initial service screen (at the bottom) of the "Platform" so that users can easily know them. However, the contents of the terms and conditions can be made available to the user through a linked screen.
② Before agreeing to the Terms and Conditions, the "Platform" must provide a separate linked screen or pop-up screen to ensure that users can understand important contents specified in the Terms and Conditions, such as withdrawal of subscription, translation responsibility, and refund conditions, and must seek confirmation from the users.
③ The "Platform" can amend these Terms and Conditions within the bounds not violating related laws such as the "Act on Consumer Protection in Electronic Commerce, etc.", "Act on the Regulation of Terms and Conditions", "Electronic Documents and Electronic Transaction Basic Law", "Electronic Financial Transactions Act", "Electronic Signature Act", "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.", and "Basic Consumer Act", etc.
④ When the "Platform" amends the Terms and Conditions, it shall specify the effective date and reason for amendment, and notify them on the initial screen of the Platform from 7 days before the effective date to the day before the effective date, along with the current Terms and Conditions. However, in case of changing the terms and conditions to the disadvantage of the users, it shall be notified with a grace period of at least 30 days in advance. In this case, the "Platform" clearly compares the contents before and after the amendment to make it easy for users to understand.
⑤ When the "Platform" amends the Terms and Conditions, the amended Terms and Conditions shall apply only to contracts concluded after the effective date, and the provisions of the Terms and Conditions before the amendment shall apply as they are to contracts already concluded before that. However, if a user who has already entered into a contract sends to the "Platform" a wish to apply the amended terms and conditions within the notice period of the amended terms and conditions under paragraph 3, and obtains the consent of the "Platform", the amended terms and conditions shall apply.
⑥ For matters not specified in these Terms and Conditions and interpretation of these Terms and Conditions, the "Act on Consumer Protection in Electronic Commerce, etc.", "Act on the Regulation of Terms and Conditions", guidelines on consumer protection in electronic commerce, etc. set by the Fair Trade Commission, and other related laws or commercial practices shall be followed.
① The "Platform" performs the following tasks:
1. Providing and contracting for basic subtitles, translation subtitles, special translations.
2. Providing subtitles with concluded purchase contracts and uploading to connected videos.
3. Delivering data analysis results.
4. Other tasks defined by the "Platform."
② If a purchase contract concluded with a user needs to be changed due to an error made by the "Platform," the reason for the change shall be immediately notified to the user.
③ In the case of the previous clause, the "Platform" compensates the user for any damages incurred. However, this shall not apply if the "Platform" proves that there was no intent or negligence on its part.
① The "Platform" may temporarily suspend the provision of service in cases where there are reasons such as maintenance, inspection, replacement, and malfunction of information communication equipment like computers, or communication disruptions.
② The "Platform" compensates the user or a third party for any damages incurred due to the temporary suspension of service provision under clause 1, unless the "Platform" proves there was no intent or negligence on its part.
③ If the "Platform" becomes unable to provide the service due to reasons such as a change in the type of business, abandonment of the business, or integration between companies, the "Platform" shall notify users in the manner specified in Article 8, and compensate consumers according to the conditions initially provided by the "Platform."
① A user applies for membership registration by filling out member information according to the form set by the "Platform" and expressing an intention to agree to these Terms and Conditions.
② The "Platform" registers the user as a member unless the user who has applied to be a member as in clause 1 falls under any of the following:
1. The applicant has previously lost membership qualifications under Article 7, Clause 3 of these Terms and Conditions. However, exceptions are made for individuals who have obtained approval for re-joining from the "Platform" after three years have elapsed since the loss of membership qualifications under Article 7, Clause 3.
2. There are false, omitted, or erroneous entries in the registration details.
3. Registering as a member is deemed to cause significant technical hindrance to the "Platform."
③ The establishment of the membership contract is considered to be when the approval from the "Platform" reaches the member.
④ If there are changes to the details provided during membership registration, members must notify the "Platform" of such changes through methods like member information modification within a reasonable period of time.
① If a member falls under any of the following, the "Platform" may limit or suspend the membership qualifications:
1. If false information was provided during the membership application.
2. If the member fails to pay the fees for the subtitles purchased or any other debts owed in relation to the use of the "Platform" by the due date.
3. If the member interferes with another person's use of the "Platform," or threatens the order of e-commerce by stealing their information, etc.
4. If the member engages in illegal activities or activities against public morals using the "Platform," or conducts actions prohibited by laws or these Terms and Conditions.
③ If the "Platform" limits or suspends membership qualifications, and the same behavior is repeated more than twice or the reason is not corrected within 30 days, the "Platform" may cause the member to lose their membership qualifications.
④ When the "Platform" causes a member to lose their membership qualifications, the member registration will be deleted. In this case, the member will be notified and given at least 30 days to explain before the membership registration deletion.
① When the "Platform" provides notifications to members, it may do so to the email address previously agreed upon and designated by the member and the "Platform."
② For notifications to an unspecified number of members, the "Platform" may substitute individual notifications by posting on the "Platform" bulletin board for at least one week. However, individual notifications will be provided for matters that significantly affect the member's own transactions.
① Users of the "Platform" can apply for purchases on the "Platform" through the following or similar methods, and the "Platform" must provide the following information in an easily understandable manner when a user applies for a purchase:
① The "Platform" may refuse to accept a purchase application as per Article 9, if any of the following conditions apply:
1. If there are falsehoods, omissions, or errors in the application contents.
2. If the copyright of the video is unclear.
3. If the content of the video title description is unrelated to the video.
4. If there are significant technical obstacles to accepting the purchase application on the "Platform."
② The contract is deemed to be formed when the acceptance of the "Platform" reaches the user in the form of receipt confirmation as per Article 12(1).
③ The acceptance expression of the "Platform" should include information about confirmation and availability of the user's purchase application, correction or cancellation of purchase application, etc.
The payment method for subtitles purchased on the "Platform" can be made through any available methods among the following:
1. Various account transfers such as phone banking, internet banking, mail banking, etc.
2. Various card payments such as prepaid card, debit card, credit card, etc.
3. Payment through gift vouchers contracted with the "Platform" or recognized by the "Platform."
4. Payment by other electronic payment methods, etc.
① When there is a purchase application from a user, the "Platform" sends a receipt confirmation to the user.
② Users who have received receipt confirmation can request changes or cancellation of the subtitle purchase application in case of any discrepancies in expression of intent, and cannot make changes thereafter. However, if payment has already been made, the provisions of Article 15 concerning withdrawal of subscription etc. will apply.
① The "Platform" will take necessary measures such as typing, translating, etc., to enable the delivery of subtitles. At this time, the "Platform" will take appropriate measures to allow users to check the supply process and progress of the subtitles.
② The "Platform" specifies the delivery method, estimated subtitle production time, etc., for the subtitles purchased by the user.
③ If a user applies for more than 5 hours at a time, the "Platform" may extend the subtitle production time in agreement with the user.
④ The "Platform" can be delegated authority over the user's video upload platform (such as YouTube) to provide an automatic subtitle upload feature.
① The "Platform" provides data analysis services when a user purchases data analysis-related services or agrees to provide data analysis.
② In order to provide data analysis to the user, the "Platform" may be delegated authority over the user's video upload platform (such as YouTube).
If the "Platform" cannot provide the subtitles applied for purchase by the user, it will notify the user of the reason without delay and take the necessary measures for a refund within 3 business days from the day the payment was received.
① A user who has entered into a contract with the "Platform" regarding the purchase of subtitles can withdraw the offer only before receiving a written document concerning the contract contents. However, if there are different provisions regarding withdrawal of offer in the "Act on Consumer Protection in Electronic Commerce, etc.", the provisions of the Act shall apply.
② After receiving the subtitles, the user cannot return or exchange them if the video for which they were requested changes due to reasons attributable to the user, or if the user misunderstands the video purchase application and requests rework.
③ If the "Platform" did not clearly state in an easily noticeable place beforehand that withdrawal of offer, etc., is restricted, or did not provide trial products, etc., the user's rights to withdraw the offer, etc., are not restricted.
④ Notwithstanding the provisions of Paragraphs 1 and 2, if the subtitles are performed differently from the contract content, the user can withdraw the offer, etc., within 1 month from the day the subtitles were received, or within 30 days from the day the user became aware or could have become aware of the fact.
In the case of a failure in subtitle generation, the "Platform" will refund the user within 3 business days.
① The "Platform" collects the minimum amount of personal information necessary for providing services when collecting user's personal information.
② The "Platform" does not collect information necessary for fulfilling the purchase contract at the time of membership registration in advance. However, if it is necessary to verify identity before the purchase contract for compliance with relevant laws, it may collect a minimal amount of specific personal information.
③ When the "Platform" collects and uses the user's personal information, it notifies the user of the purpose and obtains their consent.
④ The "Platform" cannot use the collected personal information for purposes other than those specified, and if a new purpose of use arises or it is provided to a third party, it notifies the user of the purpose at the stage of use or provision and obtains their consent, except as otherwise provided in relevant laws.
⑤ In cases where the "Platform" needs to obtain the user's consent under Paragraphs 2 and 3, it must specify or notify in advance the identity of the personal information manager (name and phone number, other contact information), the purpose of collection and use of information, and matters concerning the provision of information to third parties (recipients, purpose of provision, and contents of information to be provided) as stipulated in Paragraph 2 of Article 22 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.", and the user can withdraw this consent at any time.
⑥ Users can request access to and correction of their personal information held by the "Platform" at any time, and the "Platform" is obligated to take necessary measures without delay. If a user requests correction of an error, the "Platform" shall not use the personal information until the error is corrected.
⑦ The "Platform" shall limit the number of individuals handling user's personal information to the minimum for personal information protection and takes full responsibility for any user’s loss caused by loss, theft, leakage, provision to third parties without consent, or alteration of user's personal information including credit card and bank account information.
⑧ The "Platform" or the third party receiving personal information from it must destroy the personal information without delay when the purpose of collection or provision has been achieved.
⑨ The "Platform" does not pre-set the consent section regarding the collection, use, and provision of personal information. It specifically mentions the services restricted upon user's refusal of consent to collect, use, and provide personal information, and does not limit or refuse service provision such as membership registration, on the grounds of user's refusal of consent for collection, use, and provision of personal information which is not a mandatory collection item.
① The "Platform" shall not engage in any activities prohibited by laws and regulations or by these terms and conditions, nor any activities against public morals, and shall do its best to provide goods and services in a continuous and stable manner in accordance with the provisions of these terms and conditions.
② The "Platform" shall establish a security system to protect users' personal information (including credit information) to ensure safe use of internet services by the users.
③ If the users suffer damages due to unfair labeling or advertising activities by the "Platform" regarding goods or services as stipulated in Article 3 of the Fair Labeling and Advertising Act, the "Platform" shall be responsible for compensating the damages.
① Except for the case in Article 17, the responsibility of managing ID and password lies with the member.
② Members shall not allow third parties to use their ID and password.
③ If a member realizes that their ID and password have been stolen or used by a third party, they must immediately notify the "Platform," and follow the instructions provided by the "Platform" if any.
Users shall not engage in the following activities:
1. Registering false information when applying or making changes
2. Stealing others’ information
3. Altering information posted on the "Platform"
4. Transmitting or posting information (e.g., computer programs) other than the information designated by the "Platform"
5. Infringing upon the "Platform" or any third party’s intellectual property rights such as copyrights
6. Damaging the reputation of the "Platform" or any third party or interfering with their work
7. Posting or disclosing obscene or violent messages, images, voices, or any other information against public morals on the mall
① The copyrights and other intellectual property rights of the works created by the "Platform" are owned by the "Platform."
② When the "Platform" uses the copyrights owned by the users under agreement, it should notify the concerned users.
① The "Platform" sets up and operates a damage compensation organization to reflect legitimate opinions or complaints raised by users and to compensate for their damages.
② The "Platform" prioritizes dealing with complaints and opinions submitted by users. However, if rapid processing is difficult, the reason and schedule for processing will be promptly notified to the users.
③ In case of a user's request for compensation for damage in an e-commerce dispute arising between the "Platform" and the user, it may follow the mediation by the dispute resolution institution entrusted by the Fair Trade Commission or a city or provincial governor.
① Any lawsuits concerning e-commerce disputes arising between the "Platform" and the user shall be filed based on the user's address at the time of filing, and if there is no address, it shall be under the exclusive jurisdiction of the local court governing the domicile. However, if the user's address or domicile is unclear at the time of filing, or if the user resides overseas, the lawsuit shall be filed in the court having jurisdiction under the Civil Procedure Act.
② Korean law shall apply to e-commerce lawsuits filed between the "Platform" and the user.