Terms of Service

 

Chapter 1: General Policy

Article 1 (Purpose)

These Terms of Service are aimed at stipulating to prescribe the rights, obligations, and responsibilities of the company and members (service users) for the use of Internet-related services and other services (hereinafter "services") provided by doinglab (hereinafter "Company") via mobile devices.

 

Article 2 (Definition of Terms)

¨ç    The definitions of terms used in these Terms of Service are as follows.

1.     ¡°Service¡± refers to the Dietcamera AI service and related tangible/intangible assets provided by the ¡°company¡± to ¡°members¡±.

2.     ¡°Member¡± refers to a person who enters into a service contract with the company in accordance with these Terms of Service and uses the service provided by the company after installing it.

3.     ¡°Mobile device¡± refers to a device that can be used by downloading or installing the service, such as a smartphone, tablet, smartwatch, etc.

4.     ¡°Account information¡± refers to the information provided by the member to the company, such as the member's identification number, external account information, device information, nickname, and service use information (weight, height, food intake information, etc.).

5.     ¡°Application (app, application)¡± refers to all programs downloaded or installed through a mobile device to use the service provided by the company.

6.     ¡°Post¡± refers to various contents or files composed of codes, texts, pictures, photos, etc. posted by members on the service provided by the company.

7.     "Function" is an element that constitutes a "service" in "application", and is a name that largely integrates elements such as "diet log", "summary", and "my".

¨è    The definitions of the terms used in these Terms of Service, except for those outlined in Paragraph 1 of this Article, shall be governed by the relevant laws and regulations and service-specific policies.

 

Article 3 (Effect and Change of Terms of Service)

¨ç   These Terms of Service shall take effect on all members who want to use the service. The Company discloses the contents of these Terms of Service within the mobile application so that members can easily understand them.

¨è   These Terms of Service become effective by being disclosed online within the mobile application, and the Company may change these Terms of Service within the scope of not violating the relevant laws and regulations in the event of a reasonable reason.

¨é   The revised Terms of Service shall be announced in the mobile application at least 7 days before the effective date, specifying the date of application, the content of the revision, and the reason for the revision. However, if the changed content is unfavorable to the member or is a significant change, it will be notified in the same way as in the text until 30 days before the effective date, and individual notices and announcements will be made in accordance with Article 16.

¨ê   Agreeing to these Terms of Service means that the member agrees to regularly check the notice to check for changes in the Terms of Service, and the company is not responsible for damages caused by members not being aware of the changed Terms of Service.

¨ë   If the company notifies and announces the revised Terms of Service in accordance with Paragraph 3 of this Article, members who disagree with the revised Terms of Service may request termination of the use contract (withdrawal from membership) by expressing their intention to refuse. Members are deemed to have agreed to the revised Terms of Service if they continue to use the service without expressing a separate objection or rejection until 7 days after the effective date of the revised Terms of Service from the date of the notice.

¨ì   In principle, these Terms of Service apply from the date the member agrees to these Terms of Service until the termination of the contract of use under Article 15 of these Terms of Service. However, some provisions of these Terms of Service may be applied even after termination of the contract of use.

 

Article 4 (Rules outside the Terms of Service)

¨ç    The company may implement a separate service operation policy (hereinafter ¡°operating policy¡±) in addition to these Terms of Service in relation to service provision.

¨è    Matters or interpretations not specified in these Terms of Service shall be governed by the operating policy, related laws, and general business practices.

 

Chapter 2 : Contract for use

Article 5 (Establishment of use contract)

¨ç    The contract of use is concluded when a user who wants to become a member (hereinafter 'applicant') agrees to these Terms of Service, then applies for membership according to the procedure set by the company, and the company approves the application. The consent process is established when the company posts the Terms of Service on the service use application screen, and the member is aware of these Terms of Service and the consent process and completes the application.

¨è    The contract shall remain valid between the company and the member until these Terms of Service are changed or terminated by the company or the member cannot use the service normally, such as withdrawing the use contract or restricting use.

¨é    In principle, the company approves the application of the applicant under paragraph 1 of this article. However, in the case of any of the following subparagraphs, the company may withhold approval or refuse approval until the cause is resolved.

1.    If the member tries to subscribe to the service using personal information such as another person's name or email address

2.    If false information is entered

3.    If there is no real margin in the capacity of service delivery facilities

4.    If it is determined that there is a technical problem in providing the service

5.    Other cases that the company deems financially and technically necessary

6.    If a person who has received a service suspension measure from the company arbitrarily terminates the service use contract and applies for re-registration during the restricted period

7.    If the applicant has previously lost his/her membership in accordance with these Terms of Service. However, exceptions are made when the company's approval for re-registration is obtained.

8.    If it violates other relevant laws and regulations or standards set by the company, such as detailed guidelines

¨ê    If a member is found to have subscribed to the service in violation of the conditions of paragraph 3 of this article, the company may impose appropriate restrictions, such as suspending the member's use of the service or suspending or deleting the account.

¨ë    The company approves the contract and provides the service only if the applicant is 14 years of age or older. If an applicant under the age of 14 enters into a service contract, the company may reject approval or place restrictions such as suspending the member's use of the service or deleting the account.

 

Article 6 (Application for Service Use)

¨ç    Applicants must fill out and submit all information including e-mail and password requested by the company. All applicants must provide their own email address to use the service, and those who do not fill it out incorrectly or properly cannot claim any rights.

¨è   In case of stealing someone else's name or using the service illegally, you may be punished by relevant laws and regulations.

 

Chapter 3 : Personal Information Management

Article 7 (Protection and Use of Personal Information)

¨ç    When collecting the personal information of members, the company collects minimum personal information to the extent necessary for providing services and is obliged to protect and respect personal information.

¨è    The company can use personal information collected from separate events, marketing activities, and other information collected in the process of using services provided by the company to guide the service and giveaway marketing and use them only for the purpose of providing services specified in the Terms of Service.

¨é    The company cannot disclose the personal information of members acquired in connection with the service provision to a third party without the member's consent, and other details are subject to the relevant laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

¨ê    However, it may be provided as an exception in any of the following cases.

1.     In cases where it is necessary for statistical writing, academic research, or market research, it is provided in a form in which a specific individual cannot be identified

2.     In case there is a request from the relevant agency in accordance with the procedures and methods prescribed for investigative purposes in accordance with the relevant laws and regulations

3.     In case there are special provisions in other laws

4.    In case there is a request by the Information Communication Ethics Committee in accordance with relevant laws and regulations

5.     In case of providing more professional and diverse services to members

¨ë    If the company uses personal information to provide members with professional and diverse in accordance with Paragraph 4, Item 5 of this Article, the company provides services jointly with external professional operators with the consent of the members and specifies the information of the operator such as company name, purpose, and shared information. In providing joint services with external professional operators, the minimum information required for joint services, such as the member¡¯s names and contact information, can be shared, and the shared information is strictly protected and managed as follows:

1.     The shared information will not be used for any purpose other than that service.

2.     If a member does not express his/her agreement to the service in the course of service provision or express refusal in advance, even the minimum amount of information will not be shared with the external operator.

¨ì    A member's consent to the use of personal information can be substituted by agreeing to these Terms of Service.

¨í    Members can withdraw their consent to the collection and use of personal information provided to the company at any time if they want, and the withdrawal of the above consent is done by deleting the account.

¨î    Please check the Privacy Policy regarding the processing and protection of personal information.

 

Chapter 4 : Obligations of Contracting Parties

Article 8 (Obligation of the company)

¨ç    The company faithfully observes the exercise of rights and fulfillment of obligations stipulated in the relevant laws and these Terms of Service in good faith.

¨è    The company must provide stable services to members unless there are special circumstances.

¨é    The company establishes a security system for personal information protection and discloses and complies with the personal information processing policy. The company does not disclose or provide the member's personal information to third parties, except as stipulated in these Terms of Service and the personal information processing policy.

¨ê    The company shall do its best to repair or restore the service if it is difficult to provide normal service due to urgent system inspections, national emergencies, facility failure, congestion of service users, etc, The company notify the reason and period in advance or afterward.

 

Article 9 (Obligations of Members)

¨ç    Members must fill out all matters (information) based on facts when applying for membership or changing account information, and if members register using false or other people's information, cannot claim any rights as members.

¨è    If there is a change in the use contract, the member must immediately inform the company through the necessary procedures.

¨é    Members shall comply with regulations and company announcements, such as these Terms of Service and related laws, and shall not interfere with the company's business or damage the company.

¨ê    Members are not allowed to engage in business activities using the service without prior consent from the company, and the company is not responsible for any business activities. In addition, members are liable for damages if they cause damage to the company through the above business activities.

¨ë    Members should not infringe on the intellectual property rights of the company and third parties.

¨ì    The company may take appropriate restrictions, such as restricting the member's use of the service if the member engages in any of the following acts.

1.     The act of registering false information when applying for or changing information and stealing or fraudulently using another person's account and password, or using another person's name.

2.     The act of transactions of member accounts with others

3.     The act of copying, transmitting, publishing, distributing, broadcasting, or otherwise using information obtained using the company's services to which intellectual property rights belong to the company for profit or providing it to a third party without the company's prior consent.

4.     The act that damage or disadvantage others' reputation

5.     The act of infringement of copyright and other rights of the company or a third party

6.     The act of accessing the service using a method other than the method guided by the company

7.     The act of posting false facts about the company or a third party in the service

8.     The act of distributing content that violates public order and morals to others

9.     The act of registering or distributing data infected with computer viruses that cause malfunctions of service-related facilities or destruction and confusion of information

10.   The act that intentionally interferes with the operation of the service or interferes with stable operation

11.   The act of copying, modifying, distributing, selling, transferring, lending, collateralizing, or allowing others to use the service or part of the software included in it without the consent of the company, and replicating, disassembling, imitating, or otherwise modifying services, such as reversely designing software or attempting to extract source code.

12.   The act of unauthorized use of business signs such as trademarks and logos without the express consent of the company

13.   The act of collecting, storing, and disclosing the personal information of other users

14.   The act of pretending to be others and falsely specifying relationships with others

15.   The act of distributing false information for the purpose of giving property benefits to oneself or others or causing damage to others

16.   The act for the purpose of criminal acts or related to other criminal acts

17.   The act of gambling with property

18.   The act of arranging prostitution or distributing information that mediates fornication

19.   The act of disturbing the daily life of the other person by continuing to reach the other person with words or images that cause shame, disgust, or fear

20.   The act of harassing other users, such as stalking, abuse of false or malicious reports

21.   The act of transmission or posting of information (including computer programs) whose transmission or posting is prohibited by relevant laws and regulations

22.   The act of posting text or images or sending messages by disguising or impersonating an employee or operator of the company or its affiliates, or by stealing someone else's name

23.   The act that violates other current laws, these Terms of Service, and detailed guidelines related to services provided by the company

¨í    Members cannot transfer/donate the right to use the service or other status under the contract of use to others, and cannot provide it as collateral.

¨î    If a member does not comply with the relevant laws and regulations and all of the company's terms and policies, the company may investigate the member's violations, temporarily or permanently delete the posting, or temporarily suspend the member's use of all or part of the service. Or, it may continue to stop or limit re-join to the service or the use of some features.

¨ï    Restrictions on use are, in principle, phased from temporary to permanent restrictions depending on the degree of accumulation of violation activities.

1.     Obvious illegal acts prohibited by relevant laws and regulations, such as the promotion of speculative gambling

2.     Acts that require immediate prevention of danger or damage as an infringement of the rights of others

¨ð    Members must diligently respond to requests from the company to provide data or access rights and to explain related facts in order to confirm violations of these Terms of Service.

¨ñ    Members must comply with all of the following items in relation to the protection of personal information in mobile applications operated by the company. If the company becomes aware of the violation of the obligations in this section, the company may restrict the member's use of the service or terminate the use contract.

1.     In the Mobile Application Settings page, the item must be entered to match the actual service contents of the member's mobile application on the management screen of the member's mobile application consent item.

2.     Members must faithfully comply with the obligations of members under other laws related to the protection of personal information, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection.

 

Chapter 5 : Service Use and Change

Article 10 (Provision of Service)

¨ç    In accordance with the provisions of Article 5, the company makes the service immediately available to members who have completed the use contract. However, in the case of some services, the service can be started from the designated date according to the needs of the company.

¨è     However, in the case of some detailed sub-services, members must agree to separate Terms of Service, and members can use the service only when filling in necessary additional information or completing the verification process set by the company, such as email address approval.

¨é    The company may classify the member's level and differentiate the use by subdividing the usage time, frequency of use, and scope of services provided.

¨ê    The company may provide an updated version of the software for better service. Software updates include the addition of important features or the removal of unnecessary features.

¨ë     In order to provide better service, the company may display various information including various notices, management messages, and other advertisements related to the use of members within the service or send them directly to the e-mail address registered in member information. However, in the case of transmission of advertising information, it is transmitted only when a member has agreed to receive it in advance.

 

Article 11 (Change and Termination of Service)

¨ç    The company does its best to provide the service continuously. However, in the case of each of the following subparagraphs, some of the services may be restricted or suspended.

1.     In case of regular or temporary inspection for maintenance and repair of service facilities

2.     If there is a problem with normal service use due to power outages, failures of various facilities, or congestion of usage

3.     If all or part of the service cannot be maintained due to various circumstances of the company, such as termination of contracts with affiliates, government orders/regulations, etc.

4.     In case of force majeure such as a natural disaster or national emergency

¨è    In the case of service interruption under the preceding paragraph, the company notifies or announces to the member in advance in accordance with Article 16. However, if there are unavoidable circumstances that cannot be notified in advance due to unpredictable or uncontrollable reasons (disk or server failure, system down, etc., not attributable to the company's fault), it may be notified later. Even in this case, we will try to restore the service as soon as possible as soon as the company understands the situation.

¨é    The Company may conduct regular inspections if necessary to provide the service, and the regular inspection time is as announced through the mobile application.

¨ê    The company may change the contents of the service, operational or technical matters, etc. to provide stable service.

¨ë    When the service is changed, the company may notify the contents of the service to be changed and the date of provision through the mobile application, and change the service to provide it to the member.

¨ì    The Company may modify, suspend, or change some or all of the services provided free of charge according to the needs of the company's policies and operations, and will not compensate members separately unless otherwise specified in the relevant laws.

 

Article 12 (Attribution of Rights and Use of Works)

¨ç    Copyright and intellectual property rights for the service belong to the company.

¨è    Members can post content such as photos, texts, opinions, or suggestions about the company within the service, and intellectual property rights, including copyrights, belong to the member. If the post infringes on the intellectual property rights of a third party, all responsibilities are borne by the member who posted the post, and if the company receives a claim for damages, the member must make efforts for the company¡¯s exemption, and if the company is not exempted, the member must compensate for all damages company received.

¨é    If a member posts content within a service, the content can be exposed to the service, the company will be given a worldwide license that allows the content to be used to the extent necessary for use, storage, modification, reproduction, public transmission, exhibition, and distribution. The rights granted to the company by the member in this license are restrictively exercised due to relevant laws and regulations, such as the copyright, disclosure of services, use of services for promotion, service operation, service improvement, new service development, compliance with web accessibility, search, collection, and link on external sites. If the company inevitably wants to use the member's content for other purposes, the company should obtain prior consent from the member in advance.

¨ê    Content posted by a member within the service may be exposed to self-search results or search results on portal sites and may be used free of charge for media coverage, PR, publication, content promotion, and sharing with other applications. For this purpose, contents can be partially modified, duplicated, or edited to the extent necessary.

¨ë    Content posted by members within the service, or food type, time, and location information within the content may be used for purposes such as artificial intelligence learning for service improvement and new service development, and customized content and function development.

¨ì    Members can directly control the others' use or access to content if management functions such as content deletion and non-disclosure are provided within the service by the company and can request measures such as deletion, non-disclosure, and exclusion of search results through the menu in the service. However, in the case of some services, it may be difficult to process deletion or non-disclosure, and details can be found in the guides and notices in the service.

¨í    Members must retain the necessary rights to license the company for the content provided to the company. The member will be held responsible for any issues arising from not having the right to do so.

¨î    Members cannot disclose or post obscene or violent content that violates public order, morals, and laws.

¨ï    The company may delete or refuse to post any member's content if it violates the relevant laws or regulations, is pornography, is harmful to adolescents, promotes discrimination, is plastered, advertised, promoted, and spam, is transferred or traded accounts, or impersonates others.

¨ð    Members whose legal interests have been infringed by information posted on notices operated by the company may request the company to delete or stop posting the information. In this case, the company takes the necessary action quickly.

 

Article 13 (Limit of Service Content and Limitation of Liability)

The company refers to the standard recipes provided by the national organization for the database provided by the AI food/ingredient recognition service or utilizes the nutrition table provided by the food manufacturers. Since different recipes exist depending on the food, the type and amount of the food database provided may not exactly match the information of the food on camera or consumed by the member, and the company is not responsible for the individual's health after eating.

 

Article 14 (Termination of Use Agreement)

¨ç    When a member withdraws from membership, the service use contract is automatically terminated.

¨è    If a member wants to cancel the service use contract, the member can cancel at any time using the menu provided in the service, and the company will promptly process it as prescribed by the law.

¨é    When the service use contract is terminated, all data and personal information of the member, including all contents that the member posted, are destroyed and cannot be restored at the same time, except when certain information of the member is retained in accordance with the relevant laws and the company's personal information processing policy. However, even in this case, posts separately captured or clipped by other members and posts registered on the public bulletin board will not be deleted, so please delete them before deleting the account.

¨ê    Posts that have not been deleted by members in accordance with the preceding paragraph may remain within the service to the extent necessary for other users to use the service normally.

¨ë    In the case of some functions that make up the service, if the function is not used for a certain period of time, the member's information may be destroyed or stored separately, or some or all of the functions may be restricted.

¨ì    After the termination of the service use contract, the member can apply (member registration) for the conclusion of the service use contract again. However, if a member cancels the service contract while the service is suspended due to failure to comply with related laws, Terms of Service, and detailed guidelines, there may be a certain time limit to signing up for the service. In addition, in the case of some of the functions that make up the service, there may be a certain time limit to using the service immediately even after signing a service use contract again.

 

Chapter 6 : Miscellaneous

Article 15 (Compensation for damages, etc.)

¨ç    The Company makes no arrangements or warranties for any specific matters not specified in these Terms of Service in connection with the services to the extent permitted by relevant laws and regulations.

¨è    If a member suffers damage due to the company's negligence, the company shall compensate for the member¡¯s damage in accordance with these Terms of Service and related laws. However, the company shall not be liable for any of the following cases that have occurred without the company's negligence. In addition, the company shall not be liable for indirect, special, consequential, disciplinary, or punitive damages to the extent permitted by law.

1.     Damage caused by natural disasters or equivalent force majeure

2.     If there is a problem in using the service due to a reason attributable to the member

3.     Personal damages incurred while accessing or using the service

4.     Damages caused by a third party illegally accessing or using the company's server

5.     Damage caused by a third party interfering with transmission to or from the company server

6.     Damage caused by transmission or distribution of malicious programs by a third party

7.     Damage caused by omission or destruction of transmitted data, damage incurred in the process of using the service by a third party, such as defamation

8.     Damage incurred in the process of using services by a third party, such as defamation, etc.

9.     Other damages incurred due to reasons without intention or negligence of the company

¨é    The company shall not be responsible for the loss of profits expected by the member using the service, and shall not be responsible for any other damage caused by data obtained through the service.

¨ê    The company is not responsible for any obstacles in using the service due to reasons attributable to the member.

¨ë    The company does not guarantee any improvement in the effect of using the service.

¨ì    The company shall not be liable for the use of free services (provided free of charge) unless otherwise provided by relevant laws and regulations.

¨í    The Company is not obligated to intervene in disputes arising through services between members or between members and third parties unless the Company is at fault, nor is it liable for damages resulting from such disputes

¨î    In accordance with Article 14, it may not exactly match the type and amount of food database provided by the Company's services with the information on food photographed or consumed by the Member, the company is not responsible for the members' health after food consumption

¨ï    The Company shall not be responsible for any or all features of the Content being unavailable due to changes in the Mobile Device, number changes in the Mobile Device, OS version changes, overseas roaming, or carrier changes. However, this is not the case if the company intentionally or negligently.

¨ð    If a member deletes the content or account information provided by the company, the company is not responsible for it. However, this is not the case if the company intentionally or negligently.

 

Article 16 (Notification to Members)

¨ç    If the company notifies a member, an email may be sent to the email address listed in the member¡¯s account information.

¨è    In the case of matters that have a significant impact on members, the company will notify members individually by sending the email registered in the account information (if there is no email address, use separate electronic means such as displaying a notification message in the service).

¨é    When the company notifies the entire member, it can substitute the notice in paragraph 1 by posting on the notice in the mobile application for more than 7 days or presenting a pop-up screen, and it takes effect by posting for more than 7 days.

 

Article 17 (Member's Grievance Handling and Dispute Resolution)

¨ç    The company values the exchange of opinions with members, and members can communicate his/her opinions to the company at any time using the menu provided in the service.

¨è    The Company shall expedite any comments or complaints from members within a reasonable period if they are objectively deemed justified. However, if the processing takes a long time, the member will be notified of the reason for the long-term processing and the processing schedule in accordance with Article 16 (1).

¨é    These Terms of Service or services are regulated and implemented by the laws of the Republic of Korea. If a dispute arises between the company and the member regarding the use of the service, the company sincerely consults in good to resolve the dispute. Nevertheless, if it is not resolved, a lawsuit can be filed in the competent court under the Civil Procedure Act.

1.     Lawsuits filed between the company and its members shall be governed by the laws of the Republic of Korea.

2.     Lawsuits regarding disputes between the company and members shall be filed with the competent court under the Civil Procedure Act.

 

Addendum

These Terms of Service are effective as of December 1, 2023.

 

Implementation date: December 1, 2023