Terms and Conditions for Use of MAXWORK
MAXWORK Terms and Conditions (hereinafter referred to as these “Terms & Conditions”) is to specify the matters necessary between Maxst (hereinafter referred to as the “Company”) and members of the Company in regard to the use of MAXWORK services as follows.
Chapter1. General Provisions
Article 1 (Purpose)
The purpose of these Terms & Conditions is to prescribe the rights, obligations, responsibilities, and other matters necessary, between the Company and members of the Company, in reference to the use of MAXWORK services (hereinafter referred to as the “Service”).
Article 2 (Definitions)
① The terms used herein shall be defined as follows:
1. The term “MAXWORK services” means the services providing remotely cooperative tools on the basis of augmented reality (AR) technology through various wire·wireless devices such as PC webs, smart devices including smartphones, tablets, smart glasses, etc. under the general industrial and business environment, creating manuals and enabling to utilize them.
2. The term “members” means persons who provide consent to the terms & conditions of MAXWORK website and join as members. A member, as an administrator, purchases a product (Trial/Remote/Pro/Enterprise) from the Company, grants an authority for use of each function (Remote/Direct/Create) of MAXWORK services based on email information to users who enter separate agreement, and manage users.
3. The term “products” means the sales unit of MAXWORK services and details are as follows.
A. Type: Trial/Lite/Pro/Enterprise
B. Identify Number: Unique number granted to each product
C. Period of Use: Period from the date of purchase to the date on which authority for use is expired
Expiration date: The date on which the period of use of the product is terminated (based on 23:59 of the date after 1 month from the immediate following day of the date of service purchase)
4. The term “tool” means each of following items.
A. Admin(Web): The webpage on which an administrator who has made a purchase is able to designate users to use functions and manage them.
B. Remote(Web, App): The communication tool used by multiple users for cooperating by utilizing video call and AR functions in industrial sites.
C. Direct(App): The tool allowing to see AR manuals created by MAXWORK Create
D. Create(Web): The tool creating AR manuals to be able to be seen from MAXWORK Direct
5. The term “authority” means a permission granted by an administrator to allow users who have purchased MAXWORK products to use each function.
6. The term “Email ID” means using a member’s existing email address to use as an ID for member identification and use of the services.
7. The term “password” means the combination of letters and numbers for the email ID, created by a member for the purpose of protection of own secret under communications services.
8. The term “agreement of use” means an agreement entered into between the Company and members with regard to the use of the services.
9. The term “contract” means determining the period of use of the services between members and the Company at the time of use of paid services.
10. The term “termination of agreement” means terminating the agreement of use of services by either the Company or applicant after starting of use of the services.
11. The term “recession of agreement” means terminating the agreement of use of services by either the Company or applicant before starting of use of the services.
12. The term “temporary suspension of services” means temporarily suspending services for a certain period of time in accordance with certain requirements set by the Company.
13. The term “service start date” means the date that the Company takes necessary measures and completes it in order for members to use the services concerned after applying for the use of the services by members.
14. The term “date of change” means the date on which the Company takes appropriate measures in response to requests by members and completes them after members request changes in services.
15. The term “payment gateway provider” means a company professionally provides electronic payment services designated by the Company, on behalf of the Company, in order for a member to choose various payment methods.
16. The term “fees for services” means service fees paid to the Company for the purpose of use of the services by users.
17. The term “recurring payment” means a payment method of a customer who makes an agreement of use of monthly recurring payment services through the product page, and service fees are paid monthly from the initial payment date through a payment gateway provider.
18. The term “advance payment” means a payment method of a customer who makes a direct agreement (for use of the services for 3 months or more) with the Company and uses the services.
Article 3 (Effectiveness and amendment)
① The Company shall display these Terms & Conditions on the initial page of the Company’s website (maxwork.maxst.com) for easier recognition by members. Provided, however, that content of these Terms & Conditions may be viewed through a linked page.
② The Company may amend these Terms & Conditions to the extent that it does not violate applicable laws, e.g. Act on the Consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms and Conditions, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
③ A member who provides consent to these Terms & Conditions and signs up for membership shall be subject to the terms and conditions agreed, and in the event of changes in the terms and conditions, it shall apply from the time that such changes become effective.
④ In the event of any amendment to these Terms & Conditions, the announcement stipulating the date of application and the cause of amendment shall be displayed from 7 days prior to the date of application to a day before the date of application. Notwithstanding the foregoing, in the event that such amendment becomes disadvantageous to members, such amendment shall be announced at least 30 days prior to the date of application, and in addition to the announcement, it shall be notified through an electronic method including sending to member’s email, for a certain period of time. The Company shall specify amendments on a before-and-after basis for easier understanding of members.
⑤ In the event that the Company explicitly notify ‘If intention to refuse is not expressed from the date of notification to the date of application of the amended terms and conditions, it shall be deemed to be approved’ to members, yet a member does not express intention to refuse explicitly by the date of application, it shall be deemed to consent to the amended terms and conditions.
⑥ If a member does not consent to the amended terms & conditions, the Company is unable to apply content modified to the members concerned, and in which case, the member may terminate the agreement of use in accordance with Article 6 of these Terms & Conditions. Provided, however, that there is a special circumstance in which the Company cannot apply the existing terms and conditions to the member who does not provide consent, the Company may terminate the agreement of use with the member concerned.
Article 4 (Other terms and conditions)
① Matters not specified herein shall be governed by Act on the Consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms and Conditions, Directive on Consumer Protection in E-Commerce, Etc. set by Korea Fair Trade Commission, relevant laws and regulations and/or general commercial customs.
② The Company’s MAXWORK service can be also used in foreign countries freely. To this end, the Company provides these Terms &Conditions in English. In the event of any discrepancy in interpretation of any provision in Korean version and English version, the terms & conditions written in Korean shall prevail.
Chapter 2 Use of Services
Article 5 (Membership and concluding agreement of use)
① The agreement of use is concluded between the Company and members under following steps: A member who desires to use the services provided by the Company shall provide consent to the contents of these Terms & Agreement and apply for membership in accordance with the form and procedure presented by the Company, and the Company approves contents applied.
② An individual who intends to use the services shall express consent, by clicking ‘I agree’ button, to these Terms & Conditions at the time of applying for use, and fill out the form for each of following items on the website page of signing up for membership (or on the member registration page), to apply for the use of the services.
1. Company name (Company name to which a member belongs)
2. Member name
4. Email (electronic mail) address
5. Other matters considered to be necessary by the Company
③ If an individual who intends to use services provided by the Company is a minor or guardian, consent from a person responsible for protective custody or care including legal representative is required to apply for use. A person responsible for protective custody or care who has provided consent, in accordance with this paragraph, becomes liable for payment of fees for the services used by the minor or guardian concerned.
④ The Company may refuse the application of use if an applicant who applies for the membership falls under any of following cases:
1. Where an applicant signed up for the services does not use his/her real name or steals another person’s name;
2. Where the required information on the form is falsely written, omitted, or otherwise misspelled;
3. Where a member who has been suspended from the Company terminates the agreement of use arbitrarily during the suspension period and applies for re-use of the services;
4. Where an applicant’s agreement of use of services has been previously terminated due to a breach of these Terms & Conditions, etc.;
5. Where it is deemed that registration as a member materially disrupts the Company’s technology; or
6. Where it is identified that an application breaches these Terms & Conditions or is illegally or wrongly made;
⑤ At the time that the Company approves member’s application of use, the member agree to be bound by these Terms & Conditions.
⑥ Once the agreement of use is concluded, the Company grants member ID to the member pursuant to these Terms & Conditions. In principle, member ID is not allowed to change, and if a change is required inevitably, the member shall terminate such ID and sign up with new ID.
Article 6 (Withdrawal of membership and recession or termination of agreement of use)
① A member may request withdrawal to the Company, at any time, and the Company shall handle it forthwith in accordance with relevant laws and regulations.
② In the event that a member withdraws his/her membership, the Company shall delete any information of the member upon withdrawal, without any delay, unless information of the member is required to be retained pursuant to the relevant laws and regulations and privacy notice.
③ Any disadvantages arising out of withdrawal of the membership shall be borne by the member himself/herself.
④ The Company may terminate the terms and conditions if any of following cases occurs to a member or found:
1. Where a member hinders or attempts to hinder a smooth progress of the service;
2. Where a member intentionally hinder the Company’s business;
3. Where a member violates rights, defames reputation, impairs credit or infringes other legitimate interests of other members, or violates Korea laws or good customs or other social order;
4. Where a member violates these Terms & Conditions or any of causes of termination prescribed herein occurs;
5. Where it is verified that a member falls under any of cases to refuse the agreement of use set forth in Article 5; or
6. Where the Company recognizes that refusal of provision of services is required on the basis of reasonable determination
⑤ When the Company terminates the agreement of use, it shall notify members of intention to terminate by providing reasons of termination through text message, email, etc.
⑥ In the event of termination of the agreement of use by the Company, it may refuse member’s re-application for use of the service.
Article 7 (Notification to members)
① The Company may notify members of information by using email address or contact information (phone number, cell phone number) submitted by members to the Company.
② With regard to an announcement for unspecified, numerous members, the Company may replace an individual notice with positing a notice on the website and in the bulletin board of the service. Provided, however, that matters materially affect member’s transaction shall be informed by an individual notice.
Article 8 (Provision and change of member information)
① The Company may collect members’ information additionally with such members’ consent after concluding the agreement of use of the services with members, if necessary,
② Members may view and modify their personal information provided for concluding the agreement of use of services and using services, at any time, on personal information management page. Provided, however, that ID, etc. which are required for management of services are unable to be modified.
③ Members shall modify online or notify the Company, by email, of changes in member information provided to the Company. Any disadvantage caused by not informing the Company of such changes prescribed in this Paragraph shall be borne by members.
Article 9 (Provision of service)
① In principle, the Company approves application for use by members and services shall be started to provide from the time of payment of service fees by means of advance payment in accordance with procedures presented by the Company unless mutual agreement between the Company and a member is separately made.
② Members are able to use MAXWORK services provided by the Company pursuant to these Terms & Conditions, and MAXWORK services are as follows:
1. MAXWORK Remote: The communication tool used by up to 4 users being connected (at least 1 person using Application) for cooperating by utilizing AR functions in industrial sites.
2. MAXWORK Direct: The tool allowing to see AR manuals created by MAXWORK Create
3. MAXWORK Create: The tool creating AR manuals to be able to be seen from MAXWORK Direct
4. MAXWORK Admin: The MAXWORK administrator designates, manages users
③ Use of services shall be available 24 hours a day throughout the year unless there is a special issue on Company’s business or technology. Provided, however, that partial or entire service may be restricted to use for system maintenance or other necessity by the Company.
④ If the Company requires to change content of the MAXWORK services which are supposed to provide to members due to changes in technical environments affecting services, etc. the Company shall forthwith notify members of causes by means stipulated in Article 7, and may post additions or changes in services on the website of service provision or separately notify members thereof via email, etc.
⑤ The Company shall compensate members for damages caused by the foregoing. Provided, however, that it does not apply if the Company proves that damages are not occurred by the Company’s intention or negligence.
⑥ Specific types and fee plans, usage fees of MAXWORK services shall follow announcements on the service website (maxwork.maxst.com).
Article 10 (Calculation of service fees)
① Fees for service use shall be imposed through the payment method chosen by members from the service start date, and it shall be calculated on the basis of period of service regardless of members’ actual use of services.
② Daily usage fees are calculated on the basis of 1 day which is from 00:00 to 23:59, and if start time and end time of service provision is in the middle of a day, it shall be deemed as 1 day.
③ Monthly usage fees are calculated on the basis of 1 month which is from the service start date to a day prior to the date of service start date in the immediate following month, and yearly usage fees are calculated on the basis of 1 year which is from the service start date to a day prior to the date of service start date in the immediate following year.
④ Yearly usage fees are calculated on the basis of 1 year which is from the service start date to a day prior to the date of service start date in the immediate following year, and other conditions are as equivalent as calculation of monthly usage fees.
Article 11 (Methods to pay service fees)
① MAXWORK service fee plans are as follows:
1. Recurring payment: As a method for customers who made an agreement for monthly recurring payment service on the product page, services fees are paid every month from the date of initial payment through a payment gateway provider.
2. Advance payment: A payment method for customers who made an agreement with the Company directly (for use of the services for 3 months or more) and use the services
② Payment of fees is available by means of payment methods provided by the Company including account transfer, payment with a credit card, etc. Provided, however, that payment methods may be partially restricted depending on services under the Company’s circumstances.
③ If there is a separate payment gateway provider that operates each payment method prescribed as above, customers shall take steps presented by the payment gateway provider before using such payment method. At the time of paying the Company’s service usage fees, it shall be deemed that consent to procedures and terms and conditions presented by such payment gateway provider has been provided.
④ In case of a deposit without a bankbook, if an actual depositor and depositor described in the application form are different, applicant or depositor shall notify the Company of such matter via phone, email, fax, post, etc. The applicant is responsible for any matter arising out of such omission of notification.
⑤ Deposits are confirmed within business hours of the Company (working days on weekdays, Monday to Friday, 9 a.m. to 6 p.m.) and deposits made after business hours will be completed to handle within business hours of immediate following business day.
Article 12 (Cancellation and termination of recurring payment and advance payment agreement)
① If a member intends to terminate recurring payment agreement, he/she shall register it in person through termination of recurring payment button on MAXWORK website, and recurring payment is terminated on following payment date and existing period of service usage is remained in the month in which termination request date is included. If payment is not made successfully on the date of recurring payment, it shall be handled as follows:
1. Grant one month of grace period from the date on which payment is failed to be made;
2. Attempt to re-pay periodically through a payment gateway provider during grace period;
3. If a payment is successfully made during grace period, services can be immediately used normally. However, payment date is remained the same as the initial recurring payment date; or
4. If a payment is not made successfully, service usage is immediately suspended upon the end of grace period. In which case, content regarding services usage (call records, projects, tasks, etc.) will be retained for 1 year, the member will be regarded as a dormant member. If the member desires to use the services again within a year of dormant period, normal use of the services is available after paying the amount which has been failed to be paid.
② In the event of termination of advance payment agreement while using it, a member who is an administrator shall explicitly deliver intention of termination to the Company 7 days prior to the desired date of termination via phone, email, post, fax, etc., and within 3 days after termination, the Company returns service usage fees corresponding to the remaining usage period in accordance with following information. Notwithstanding the foregoing, remaining agreement period of advance payment usage is 3 months or less, refund for remaining period is unavailable.
1. Refund fees for remaining period by calculating on the daily basis from the date immediately following date of termination request
2. Discounted amount applied at the time of payment is not applied when refunding (Amount to be refunded shall be calculated based on the list price)
Article 13 (Suspension of services)
① The Company may restrict or suspend entire or partial services if falling under any of following cases:
1. Where a facilities-based telecommunications business operator stipulated in Telecommunications Business Act suspends telecommunication services;
2. Where there is an inevitable case due to maintenance such as repair work, regular inspection, etc. of facilities for services;
3. Where normal service use is disrupted resulting from blackout, failure of facility, excessive use, etc.;
4. Where there are force majeure causes such as natural disaster, national emergency, etc.; or
5. Where it is determined that service suspension is required due to the Company’s business or technological matters
② In case of the service suspension, the Company shall notify members of such matter by using methods prescribed in Article 7 (Notification to members) in advance. However, if a notification of service suspension is unavailable to be made in advance resulting from uncontrollable reasons, the Company may post on the website or the website relating to individual service later.
③ The Company shall not liable for customers’ damages arising out of temporary suspension of provision of services caused by any of cases falling under Paragraph 1.
④ In the event that any of cases falling under Paragraph 1 occurs, the Company shall exert its best efforts to resume the services as quickly as possible.
Article 14 (No assignment)
① Members shall not conduct resale of the services provided from the Company to a third party. However, it does not apply to the case where a separate agreement is made for the purpose of resale.
② Members shall not assign, transfer of any of the rights and obligations arising herein to other person(s).
Article 15 (Ownership of copyright and restriction on use)
① Copyrights and other intellectual property rights to the work created by the Company belong to the Company.
② Members shall not use or allow a third party to use any information whose intellectual property rights belong to the Company, out of pieces of information obtained by use of the Company’s service, by means of duplicating, publishing, distributing, broadcasting, etc. for the purpose of making profits without prior written consent by the Company.
③ When the Company uses copyrights that belong to members, it shall notify members concerned of such matter pursuant to the agreement.
Chapter 3 Obligations of the Company and members, etc.
Chapter 16 (Obligations of the Company)
① The Company shall enable customers to use services on the desired service start date applied by customers unless there is a special reason.
② The Company shall provide services all year around (24 hours/365 days) unless there is an issue on business or technology. However, hours for regular or occasional maintenance for service stabilization are exceptions.
③ Company shall forthwith handle opinions or complaints raised by members if those are accepted as being reasonable.
④ The Company shall not distribute members’ information obtained in relation to provision of services to others without the members’ prior approvals. Provided, however, that it shall be an exception where a relevant agency requires for the purpose of investigation under relevant laws and regulations, Information Communication Ethics Committee requests, or the Company provides to a credit information business or credit information collection agency after notifying customers due to a failure to pay service fees within the period designated by the Company.
⑤ The Company shall not bear any responsibilities for any consequence caused by service usage without complying with obligations of members.
Article 17 (Obligations of members)
① When signing up for membership, members shall enter all items on the basis of facts and shall not claim any of rights in case of registering false or other persons’ information.
② With regard to the use of services provided by the Company, member shall not do any of following deeds:
1. to enter false information at the time of sign-up or change, or steal and illegally use other member’s ID and password;
2. to trade member ID or account with others;
3. to infringe intellectual property rights of the Company, or other rights including intellectual property rights and copyrights of third parties
4. to use services by wrongly using reverse engineering, hacking, or program bugs, etc.
5. to hinder operation of services intentionally
6. to post a message or send email by impersonating a Company’s staff member or administrator, or stealing others’ name
7. to conduct other illegal or wrongful deeds
③ Members shall comply with relevant laws and regulations, notices that the Company announces including these Terms & Conditions, user guide, notes, etc. and shall not do any deed interfering with the business of the Company.
④ Members shall obliged to pay usage fees set forth in these Terms & Conditions in return for the use of services, and responsible for any issue arising out of a failure to pay service usage fees. However, it shall not apply to the case that is caused by the Company’s negligence or by reasons accepted by the Company.
⑤ In the event that a member gives rise to the service failure of the Company, he/she shall bear any expense required for supplementing, repairing or conducting other maintenance and any damage incurred to the Company.
⑥ A member shall be responsible for any issue arising out of and/or in connection with copyrights of information provided by the member.
⑦ Usage fees paid through the advance payment shall not be transferred or resold to others, and the Company is not liable to exchange ID and password provided to members into cash or securities
Article 18 (Members’ obligations and responsibilities for ID and password)
① Members shall manage their ID and password thoroughly.
② Members shall bear responsibility for any consequence caused by negligence in management or illegal use of their own ID and password, and the Company shall responsible for issues arising out of causes attributable to the Company such as malfunction of a system.
③ Members shall not allow a third party to use their ID and password, and shall forthwith notify the Company if they become aware that their ID and password have been lost or disclosed to any third party and shall comply with the instruction of the Company, if any.
④ Members shall not provide their rights to use of services and contractual position under service usage agreement as collateral as well as transfer or lend them to a third party. In case of such deeds, such member’s use of service may be restricted and the member shall be responsible for any consequence caused by aforementioned deeds.
⑤ Members’ ID and password shall not be change without the Company’s prior consent.
Chapter 4 Protection of personal information, etc.
Article 19 (Protection of personal information)
① The Company shall make an effort to protect members’ personal information including member registration information in accordance with relevant laws and regulations. Members’ personal information is collected and used to the extent of purpose and range consented by members for the purpose of smooth provision of services. Unless otherwise agreed by members, members’ personal information shall not be disclosed to a third party.
② Relevant laws and regulations and privacy notice of the Company apply to the protection of members’ personal information. However, privacy notice of the Company does not apply to the sites linked to the websites other than the Company’s official site. Moreover, the Company does not bear any responsibility for information disclosed resulting from causes attributable to members.
③ With regard to the business, the Company may collect statistics in connection with personal information of members in whole or in part and use them, and may transfer cookies to members’ computer through services. In which case, members may refuse to receive cookies or change settings of computer browser to be warned at the time of receipt of cookies. However, personal information collected in this way is utilized only as the overall statistic materials.
Article 20 (Retention of transaction records, etc.)
① The Company retains transaction records up to 5 years in accordance with relevant laws and regulations including Act on Promotion of Information and Communications Network Utilization and Data Protection. Details regarding retention period of personal information is prescribed in the Company’s Privacy Notice.
② In the event that contents described in materials retained in the database of the Company and of the claimant are different and the Company requests confirmation of such content described in the materials to a member, the member shall accept such request.
Chapter 5 Compensation for damages and indemnification
Article 21 (Compensation for damages)
① In case that a member incurs any loss to the Company in breach of provisions in these Terms & Conditions, the member who breaches these Terms & Conditions shall compensate any loss incurred to the Company.
② If various objections including claims for damages or lawsuit are raised by a third party other than a member, against the Company, due to an illegal act or a breach of these Terms & conditions in relation to the member’s use of the services, such member shall indemnify the Company at his/her expense and with his/her responsibility, and if the Company is not indemnified, the member shall compensate any loss incurred to the Company caused by it.
③ The Company does not bear any responsibility for losses incurred to a member during the period for which services are provided free of charge (including service for the purpose of testing) or with regard to the use of services whose fees are free.
④ If a member is not able to use services resulting from causes attributable to the Company, the Company is liable to compensate any loss incurred to the member.
⑤ The Company takes possible measures to resume services from the time it receives such information from a customer that the service is unavailable to use (or the time that the Company recognizes), and if the services are resumed, it notifies the customer of such information. However, it does not apply to the case that services become normalized within 4 hours after a customer notifies the Company of unavailability of use of the services.
⑥ In case that a member causes damages intentionally or by negligence through deeds violating laws and regulations, these Terms & Conditions and public order and good customs including hindering operation of the Company’s system, the member shall compensate any loss incurred to the Company.
Article 22 (Indemnification of the Company)
① The Company is not responsible for the provision of services if services are unable to be provided due to force majeure such as national emergency, natural disaster or matters equivalent to national disaster.
② The Company is not responsible for a service failure resulting from causes attributable to members including member’s intention or negligence.
③ The Company is not responsible for the case that services are unable to be provided due to inevitable reasons of nature of telecommunication services or provision of services is temporarily suspended for the purpose of change, replace, update of a system related to the provision of services.
④ The Company is not responsible for the loss of member information in case that the service is terminated by causes attributable for members.
⑤ If a member fails to obtain expected benefits from the provision of services of the Company, or losses incur due to selecting or selectively using potential value accompanied by the service and service materials, the Company is not responsible for them.
⑥ The Company is indemnified from content of materials sent by members.
⑦ The Company is not responsible for any loss arising out of any trade of goods between members or between a member and third party, by using the service as a medium.
⑧ The Company is not responsible for interfering in any dispute arising out of using the service as a medium between a member and third party and compensating any loss caused by it.
Article 23 (Resolution of Dispute)
① In principle, members and the Company shall attempt to reach an agreement with good faith efforts to resolve an issue arising out of or in connection with the use of the services.
② Notwithstanding Paragraph 1 of this Article, if a lawsuit is filed due to a dispute, the competent court shall be the court of the Company’s location.
③ Korea laws shall apply to the lawsuit between the Company and customers.
These Terms & Conditions will take effect as of July 7, 2020.