Terms and Conditions

Chapter 1: General Provisions

Article 1 (Purpose of These Terms)

① These Terms and Conditions of Service (hereinafter referred to as "these Terms") apply to members using services and related services (hereinafter referred to as "Service") provided through the TALK-CAR platform by UNIICT Inc. (hereinafter referred to as "the Company").

② The purpose of these Terms is to reasonably adjust the mutual interests between the Company and the members by stipulating rights, obligations, responsibilities, and other necessary matters regarding the use of the Service through the platform, ensuring a smooth operation and maintenance of the Service system.

Article 2 (Definition of Terms)

The definition of key terms specified in these Terms is as follows. Terms not specified below or not separately defined in these Terms will be applied and interpreted in accordance with relevant laws and regulations.

• "Service" refers to the services provided on the TALK-CAR platform (the platform where these Terms are posted, including web, mobile web, and app, hereinafter referred to as "Platform") operated and managed by the Company, and related services in general.
• "Member" refers to a person who has registered as a member on the Platform and can continuously use the services provided by the Company.
• "ID" refers to the email address that is set by the member, approved, and registered by the Company for member identification.
• "Password" refers to a combination of characters, numbers, or special symbols selected by the member and kept confidential for verifying their ID and protecting their information and rights.
• "Account Information" encompasses information related to the member (or potential member) provided to the Company through the Platform, including email.
• "Device" refers to the TALK-CAR main hardware (H/W) that operates in conjunction with the Platform.
• "Usage Data" includes information such as the member's message usage time, latitude, longitude, and unique message number.

Article 3 (Posting and Amendment of These Terms)

① The Company will post these Terms on the initial screen of the Platform or through a connected screen so that members can easily be aware of their contents.

② The Company will take measures such as establishing a customer center to allow members to inquire about the contents of these Terms.

③ The Company may amend these Terms within the scope not violating laws such as the "Act on the Regulation of Terms and Conditions," "Act on Promotion of Information and Communications Network Utilization and Information Protection," "Act on Consumer Protection in Electronic Commerce, etc."

④ If the Company amends these Terms, it will specify the effective date, details of the amendment, and reasons for the amendment, and announce them on the initial or connected screens of the Platform from 7 days before the effective date until the day before the effective date. In cases where the amendment is disadvantageous or significant to the members, the announcement should be made 30 days in advance. In this case, individual notices can be made through the email registered by the member, messages (including messenger services like KakaoTalk), or platform-based push notifications.

⑤ Following the announcement in accordance with paragraph 4, the Company will confirm the members' consent to the application of the amended Terms. However, if it was announced in the notice that non-response by the member would be considered consent, and the member does not express refusal by the effective date of the amended Terms, it will be deemed that the member has acknowledged and agreed to the amended Terms.

⑥ If a member does not agree to the application of the amended terms, the Company cannot apply the content of the amended terms to that member, and may terminate the service use agreement. The member may also terminate the service use agreement by withdrawing their membership. If a member continues to use the service without withdrawing membership from the date of the Company's notice or individual notification to the effective date of the amended terms, despite not agreeing to the amended terms, it will be considered that the member has acknowledged and agreed to the amended terms.

Article 4 (Agreements Outside the Terms)

①The Company may enter into individual contracts (including individual terms, hereinafter the same in this article) with members separately from these Terms, and in case the content of such contracts conflicts with these Terms, the individual contract shall take precedence. However, contents not specified in the individual contract (terms) shall be governed by these Terms.

② If a member makes a separate agreement or contract with another member related to the use of the service, the Company is not involved or responsible unless the Company intervenes or is involved in such matters.

③ Matters not specified in these Terms will be determined according to the operating policies such as the Company's individual terms and relevant legal provisions or general business practices.

④ Changes in the Company's policy related to these Terms and the service, amendments to laws, or instructions or guidelines from public institutions announced through the platform also constitute part of these Terms.

Chapter 2: Service Use Contract Conclusion and Collection and Protection of Member Information

Article 5 (Service Use Agreement, etc.)

①A service use agreement regarding the services provided by the Company is established when the Company accepts an application for use (membership registration application) from a person who wishes to use the service.

② The service use agreement according to paragraph 1 is established upon the completion of the membership registration procedure.

③ By indicating agreement to these Terms during the membership registration process, the member acknowledges, understands, and agrees to be bound by the contents of these Terms. Therefore, members must carefully read and understand these Terms before using the service to prevent disputes related to the use of the service.

④ The Company cannot be held responsible for situations or damages arising from the member's ignorance of the Terms, nor can this be used as a basis for exemption or claims contrary to these Terms.

Article 6 (Membership Application and Acceptance, Restrictions)

①An individual who wishes to become a member must complete the membership application procedure according to the procedures and methods determined by the Company, and the Company may request identity verification procedures such as real-name verification and personal identification through professional agencies.

② The Company generally accepts membership applications from individuals wishing to become members. However, the Company may not accept or may terminate the service use agreement even after membership is granted in the following cases:

• Failure to provide information or providing false information as per the Company's membership registration procedures.
• Applying with the same information as an already registered member.
• Applying under a name that is not the applicant's real name or using someone else's identity.
• Applicants with a record of service use restriction due to their own fault.
• Applying with the intention of committing illegal activities prohibited by law.
• Applying with the intention of harming the interests of the Company.
• Applicants who have previously lost membership and have not obtained the Company's approval for rejoining.
• Applicants under the age of 18.
• Other cases deemed inappropriate for acceptance due to reasons similar to the above.

③ The Company may defer acceptance of membership applications if there is a lack of available service-related facilities, technical or operational issues, occurrences of malfunctions in the platform or service, or for reasons similar to these, until such issues are resolved.

Article 7 (Collection of Information)

①For the purpose of service quality improvement such as operation of the service, program stabilization, error improvement, and checking for malicious code infection, the Company may collect and utilize device settings, specifications, system information, and error information, excluding members' personal information.

② Through platforms like chat, counseling (including telephonic counseling), and boards (irrespective of the name) where opinions or information about the service can be posted, the Company may store and preserve all communications between the Company and members, or among members, and may access or use them for the following purposes:

• When the Company deems it necessary for dispute resolution between the Company and members or among members, complaint handling, or maintaining order in service usage.
• For the development of the Company's services, within the scope that does not infringe upon the rights of members, including personal information.

③ All communication contents mentioned in paragraph 2 are retained solely by the Company, and cannot be accessed by third parties without legal authorization.

Article 8 (Management of Member Information)

①The Company manages the service use eligibility and other related administrative tasks through the members' account information.

② Members are responsible for managing their account information. Therefore, members should not allow third parties to use their account information. Members are responsible for any damages arising from their negligence in managing or protecting their account information.

③ If a member discovers that their account information has been stolen or is being used by a third party, they must immediately notify the Company and follow the Company's guidance. The Company is not responsible for any disadvantages or damages incurred if the member fails to promptly notify the Company or does not follow the Company's instructions after notification.

Article 9 (Provision and Modification of Member Information)

①Members must provide truthful information to the Company as required by these Terms, and are responsible for any disadvantages or damages arising from the provision of false information.

② Members may view and modify their account information at any time through the platform. However, some information may not be modifiable if necessary for the Company's service management.

③ If the information provided to the Company at the time of membership application changes, the member must directly modify it on the platform or notify the Company of the changes through email or other methods and request modification. Members are responsible for any disadvantages or damages incurred due to failure to notify the Company of such changes.

Article 10 (Protection and Management of Personal Information)

①The Company strives to protect members' personal information in accordance with the "Personal Information Protection Act" and the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." The protection and use of member personal information are subject to relevant laws and the Company's privacy policy.

② The Company's privacy policy does not apply when using services provided by third parties or sites linked to the platform.

③ The Company is not responsible for any information, including member’s account information, exposed due to the fault of the member.

④ In case the Company expands or adds to its services, it may transfer members' personal information and data and use the transferred personal information and data in providing the expanded or added services.

Chapter 3: Provision of Company’s Services 

Article 11 (Services Provided by the Company)

①The services provided by the Company through the platform are as follows:

• Message writing and setting services needed while driving.
• Creation of message phrases, images, and related contents needed while driving.
• Device linkage services.
• All related services concerning the above items.

② In addition to the services mentioned in paragraph 1, the Company may provide additional services.

③ Members can use the services provided by the Company only if they comply with these Terms and the rules set by the Company.

Article 12 (Change and Modification of Services)

①The Company has comprehensive authority over the creation, change, maintenance, and repair of the service content developed and planned by the Company and can take necessary measures to maintain the order of the services. Members are obligated to comply with the Company’s measures.

② The Company may change all or part of the services being provided for substantial reasons such as division, merger, business transfer, deterioration of service revenue, technical or operational needs, and will announce the changes through the platform from 7 days prior to the effective date of the changed service until the day before the effective date. However, if it is impossible to announce in advance due to inevitable circumstances, the announcement can be made afterwards.

③ The Company may modify, suspend, or change part or all of the services provided for free according to the Company's operational policy and operational needs, and will not provide separate compensation to members unless there are special provisions in relevant laws.

④ Contents of discounts, events, promotions, etc., provided by the Company related to service use can be arbitrarily changed according to the Company's policy and circumstances.

Article 13 (Provision and Interruption of Services)

①The Company will start the services from the moment the member's service use application is accepted (upon completion of membership registration), although some services may start from a specific point as deemed necessary by the Company.

② The Company may provide certain services only to specific members if necessary and can also divide the services into certain ranges, setting different available times or conditions for each range. In such cases, the Company will announce or notify the members beforehand or afterwards.

③ Services are generally provided 24 hours a day, year-round. However, service provision may be limited on Saturdays, Sundays, public holidays, and after 6 PM on weekdays, depending on the nature of the service.

④ Despite paragraph 3, service may not be provided or may be discontinued for a certain period in any of the following cases, and in such cases, the Company is not obligated to provide the service:

• When necessary for maintenance checks, replacement, or regular inspections of computer and other information communication equipment, or for modifications of the service.
• In response to electronic intrusions such as hacking, communication accidents, abnormal service usage behaviors by members, or unforeseen service instabilities.
• When service provision at specific times or by specific methods is prohibited by relevant laws.
• In cases of natural disasters, national emergencies, power outages, service equipment failures, or surges in service usage that make normal service provision impossible.
• Due to significant managerial needs such as division, merger, business transfer, discontinuation of operations, or deterioration in the revenue of the service.

⑤ In cases mentioned in paragraph 4, the Company will pre-announce the situation to members through the platform 7 days in advance. However, the Company is not responsible if the member fails to become aware of the notice during this period without the fault of the Company.

⑥ Notwithstanding paragraph 5, the Company may announce or notify after the circumstances have ended, in cases where it is impossible to pre-notify or notify members due to unavoidable circumstances (including emergency system checks, expansion, replacement, disk failures or system downs without the intention or negligence of the system administrator, service provision impossibility due to third parties like PC communication companies, telecommunications operators, and other circumstances beyond the Company's control).

Article 14 (Provision of Information and Advertisement by the Company)

①For the convenience of members, the Company may provide various information and advertisements that are deemed necessary for service use to members via email, postal mail, mobile text messages, phone calls, notifications, or by posting them on the platform. Members may refuse to receive them according to the methods provided by the Company.

② Even for members who refuse to receive as mentioned in the previous paragraph, the Company may provide information about changes in terms and conditions, privacy policy, and other important matters affecting the interests of members using any of the methods in paragraph 1.

③ The platform may include various forms of advertisements such as banners and links, which may connect to pages provided by third parties.

④ When connected to a page provided by a third party as described in paragraph 3, such a page is not within the service area of the Company, and the Company does not guarantee its reliability or stability, nor is it responsible for any damages to members arising from it.

Chapter 4: Use of Services

Article 15 (Use of Services)

Members have the obligation to use the services provided by the Company in compliance with these Terms and the Company’s policies.

Article 16 (Provision of Usage Data)

Usage data generated during the use of the service through the platform is provided and stored on the Company's server. If members do not wish to provide and store usage data on the Company's server, they can change this setting on the platform.

Chapter 5: Duties of Contracting Parties

Article 17 (Duties of the Company)

①In providing services, the Company does not engage in acts prohibited by relevant laws and these Terms or contrary to public order and morals and endeavors to provide services continuously and stably to members.

② The Company must have a security system to protect personal information and ensure members can safely use the services. The Company will publish and adhere to a personal information processing policy.

③ The Company makes every effort to promptly repair or recover facilities or data in case of disruptions or loss during service improvement, unless the disruption or loss is due to reasons beyond current technological solutions, natural disasters, emergencies, or other unavoidable reasons. However, the Company is exempt from liability if the disruption or loss is due to the fault or negligence of a cooperating company, provided there is no intentional or gross negligence on the part of the Company.

④ The Company is liable for damages to members caused by the services it provides only if such damages are due to the Company's intentional misconduct or gross negligence, and the extent of liability is limited to ordinary damages.

Article 18 (Duties of the Member)

①Members are obligated to check and comply with the provisions of these Terms, service usage guidelines, related announcements, and matters notified by the Company.

② Members must not engage in the following acts (including acts analogous to these). The specific actions listed in each item are examples:

• Abnormal system access or intentionally or negligently installing, spreading malicious codes, viruses, etc.

-Illegally crawling, reverse engineering, decompiling, disassembling, or otherwise reproducing, disassembling, or imitating services through any form of processing.

• Abnormal use of services or registering with false or another person's information.

- Using multiple accounts without a valid reason, habitually or repeatedly refunding, canceling, registering, or withdrawing.

- Deliberately deleting unfavorable information in the account for the purpose of account withdrawal/re-registration.

- Repeatedly posting similar content more than [3] times without a valid reason.

• Entering or circulating false or exaggerated information.
• - In the use of the Company's services, the act of entering false or exaggerated information for all data provided by the member.

- Circulating false information to gain financial benefits for oneself or others, or to cause harm to others.

• Entering or using identity information such as names, logos, trademarks, addresses, phone numbers, email addresses on the Company's platform without prior consent or permission from the Company.
• Violating public order, discriminating or fostering prejudice based on gender, politics, religion, disability, age, social status, race, region, occupation, etc.
• Discriminating or slandering the Company, other members, or third parties, using abusive language, threats, defamation.
• Posting excessively revealing or obscene content, sharing information related to prostitution, or posting content that causes sexual embarrassment or discomfort to others.
• Posting repulsive photos or content, using profanity, slang, coded language, or other socially unacceptable activities.
• Infringing or potentially infringing the intellectual property rights of the Company, other members, third parties such as patents, trademarks, copyrights.
• Using the Company’s created message phrases or images without the Company’s consent.
• Selling, transferring, renting out the account or its information to others, allowing others to use it, attempting to do so, or brokering such activities.
• Impersonating other members, third parties, or employees of the Company.
• Engaging in activities detrimental to the Company's interests (business).

- Using the service for profit, business, advertising, political activities without the Company's consent.

- Engaging in prohibited activities under relevant laws, activities not permitted by good customs or social norms, or activities adversely affecting the smooth provision of services.

• Other acts analogous to those listed above.

Article 19 (Prohibition of Transfer)

Members cannot transfer or donate their rights, status, or service usage rights arising from these Terms to others, nor can they provide them as collateral.

Article 20 (Sanctions for Violation of Member's Obligations)

①If a member violates the contents of these Terms, considering the importance of the matter and the disadvantage or damage to other members, third parties, or the Company, the Company can impose the following sanctions, either singly or in combination, on the violating member:

• Simple warning: The Company can notify members who violate the obligations under these Terms about the content and timing of the violation and warn them not to repeat it. If the same obligation is violated [2] or more times after the warning, the Company can restrict the member's service use or terminate the service contract.
• Request for corrective measures: The Company can request corrective measures along with notification of the violation. The member is exempt from any disadvantage or damage arising from non-compliance with these measures. If the requested corrective measures are not implemented within [10] days, the Company can restrict the member's service use or terminate the service contract.
• Service use restriction: The Company can restrict a member’s service use for a certain period or within a certain scope. The member cannot exercise their rights as a member within the restricted scope.
• Termination of service use contract: The Company can temporarily or permanently terminate the service use contract so that the member cannot use the service.
• Other measures or sanctions deemed necessary by the Company.

② The Company can individually notify the member of the sanction through email or other means during the sanctioning process.

③ Members can submit an explanation within [14] days of receiving the notification in paragraph 2, and send the explanation to the Company via the customer center posted on the platform or the Company's email address provided on the platform.

④ The Company only conducts a formal review based on the submitted evidence regarding the explanation submitted under paragraph 3 and does not conduct a substantive review of the actual content. Therefore, members who have submitted their opinions cannot object to the Company's review process or demand a substantive review.

⑤ If a member violates the contents of these Terms and causes damage to the Company or third parties (including other members), the member must compensate for the resulting damages.

Chapter 6: Copyright and Related Matters

Article 21 (Copyright of the Member)

The copyright of content (including symbols, text, figures, colors, voices, sounds, audio sources, images, videos, and their combinations, hereinafter the same) posted or uploaded by a member on the platform under these Terms is owned by the respective member. The Company has the right to post (including modification, processing, summarization, extraction, and compilation) such content within the scope necessary for the smooth provision of services on the platform.

Article 22 (Management of Content Created by Members)

①The Company prohibits the posting of content on the platform by members if it falls under the following categories:

• Not in line with the purpose of service use.
• Infringes the rights of third parties by directly including personal information of others.
• Inducing or suggesting direct transactions not via the Company's platform.
• Content that does not correspond to objective facts related to the Company or services or is irrelevant (e.g., content damaging a member's personal dignity or honor).
• Content judged to be in violation of these Terms, illegal, obscene, or vulgar.
• Content defaming or damaging the reputation of other members or third parties.
• Content violating public order and morals.
• Content deemed to be associated with criminal activities.
• Content infringing the rights of other members or third parties, such as portrait rights, copyrights, etc.
• Content violating any other applicable laws.

② In cases where content corresponding to any of the items listed in Paragraph 1 is posted on the platform, the Company may, at its discretion, take necessary actions such as deletion or deactivation of the content.

③ The Company can delete or repost content that violates the copyright of other members or third parties, in accordance with the procedures set forth in copyright laws and other relevant legislations, at the request of copyright owners or members. The Company is not liable in this case. Members bear full civil and criminal responsibility for infringing the rights of other members or third parties.

Article 23 (Company's Rights and Member's Obligations Regarding Intellectual Property)

①②③④⑤Copyright and other intellectual property rights of the content created by the Company are owned by the Company. The Company grants members the right to use the service under the usage conditions set by the Company. Members cannot commercially use, sell, transfer, or provide as collateral any information obtained through the service or content posted on the platform.

② Members must not replicate, transmit, publish, distribute, broadcast, or otherwise use the content with intellectual property rights belonging to the Company or third parties, obtained through the service, without prior consent from the Company or third parties.

③ Intellectual property rights and other rights related to the services provided by the Company, necessary software, images, marks, logos, design, service names, information, trademarks, etc., belong to the Company. Members cannot modify, rent, loan, sell, distribute, produce, transfer, relicense, or otherwise commercially exploit any of the aforementioned properties, nor allow third parties to do so, without explicit approval from the Company.

④ The contents of this article apply to both for-profit and non-profit uses by members.

Chapter 7: Termination of Service Use Contract

Article 24 (Member Withdrawal)

①Members can apply for termination of the service use contract (withdrawal) at any time through the platform. The Company may require necessary procedures for verification of the member's identity and will endeavor to process it promptly.

② Upon withdrawal, the Company will immediately delete the member's information, except where separate storage is required by law or internal regulations of the Company.

③ When a member withdraws, all service usage histories and other activities conducted as a member on the platform are immediately nullified and will not be restored upon rejoining.

④ The Company may delete posts, comments, etc., made by the member on the platform upon their withdrawal.

Article 25 (Termination by the Company)

①If a member violates these Terms or falls under any of the following cases, the Company can set a period of [10] days for the member to rectify the situation. If not rectified within this period, the service use contract may be terminated. However, if the member violates current laws or causes damage to the Company due to intentional or gross negligence, the service use contract can be terminated without prior notice or opportunity for rectification.

• If a member's provided data is found to be false.
• Involvement in criminal activities.
• Planning or executing the use of services with the intent to harm national interests or social public interests.
• Theft of another person's service account and password.
• Damaging the honor or causing disadvantage to another person.
• The same user registering multiple accounts under different IDs.
• Actions hindering the wholesome use of the service (e.g., unauthorized replication and transmission of the Company's content).
• Other cases of violation of relevant laws or the Company's usage conditions.

② If the Company terminates the service use contract with a specific member, it will notify the member of the reasons and date of termination through written notice, email, or an equivalent method.

Chapter 8: Limitation of the Company's Liability

Article 26 (Limitation of the Company's Liability)

①The Company is exempt from liability for service provision in cases of force majeure such as war, civil unrest, natural disasters, emergencies, technical defects that cannot be resolved with current technology, or other similar circumstances.

② The Company is not responsible for service interruption, usage disability, or contract termination due to the member's fault.

③ Upon termination of the service use contract due to a member or the Company's termination of the service use contract, the Company may immediately delete the member's account information and all related data for a better service environment, except where the Company is required to retain the member's information according to relevant laws and privacy policy. The Company is not liable for the deletion of account information and related data after the termination of the service use contract. However, if necessary, information may be retained for a reasonable period even after termination.

④ The Company is exempt from liability for damages to members caused by suspension or failure to provide normal telecommunication services by telecommunication business operators, unless it is due to the Company's intentional or gross negligence.

⑤ The Company is exempt from liability for service interruption or malfunctions due to inevitable reasons such as maintenance, replacement, regular inspection, construction of service system facilities, unless it is due to the Company's intentional or gross negligence.

⑥ The Company is not liable for problems arising from the state of the mobile device, computer, etc., used by the member or network environment issues not caused by the Company's intentional or gross negligence.

⑦ The Company is not responsible for the reliability, accuracy, etc., of information, materials, and facts posted or related to the service by members or third parties, unless it is due to the Company's intentional or gross negligence.

⑧ The Company is not liable for any loss or damage arising from participation in promotional activities with third parties on the service or as a result of communication or transactions with third parties through the service, unless there are special regulations in relevant laws or it is due to the Company's intentional misconduct or gross negligence.

⑨ The Company has no obligation to intervene and is not liable for compensation for damages in transactions or dealings mediated by the service between members or with third parties.

⑩ The Company is not liable for any expected profits or loss of expectation incurred by members in the course of using the service.

⑪ The Company is not liable for damages incurred by members in relation to the use of services provided free of charge unless the damages are due to the Company's intentional misconduct or gross negligence.

⑫ The Company is exempt from liability if damages occur because a member inaccurately records or fails to record their personal information and email address, unless it is due to the Company's intentional or significant negligence.

⑬ The Company is not liable for inability to provide services due to circumstances of subcontractors or affiliates, related laws, government policies, or other reasons beyond the Company's control.

⑭ If the Company incurs damages or faces criminal or administrative penalties due to illegal activities or actions violating these Terms by a member, the member must compensate for the damages (including but not limited to damages, litigation costs, attorney's fees) at their own expense and indemnify the Company.

Article 27 (Company's Grievance Handling and Dispute Resolution)

①The Company will guide members on the platform on how to present their opinions or complaints for the convenience of members. The Company may operate a dedicated organization to handle these opinions or complaints.

② If a complaint or opinion raised by a member is objectively justified, the Company will process it promptly within a reasonable period. If processing takes a long time, the Company may individually notify the member of the reasons for the delay and the processing schedule through platform push notifications, email, phone, or in writing.

③ In case of disputes between the Company and members that are mediated by a third-party dispute resolution institution, the Company will faithfully prove the actions taken against the member, such as usage restrictions, and may follow the mediation of the institution.

Article 28 (Notices to Members)

①Unless otherwise specified in these Terms, the Company may notify members via registered email, phone number, or other methods.

② For notices to all members, the Company may substitute the notice in paragraph 1 by posting on the platform for over 7 days or through connected screens, pop-up screens, etc.

Article 29 (Invalidity of Terms)

Even if part of these Terms is invalid, the remaining provisions remain effective and valid.

Article 30 (Dispute Resolution)

①In case of disputes related to these Terms, the Company and members must make their best efforts to resolve the dispute.

② In disputes arising between members during the use of services, the Company is not obligated to intervene or bear any responsibility unless it is due to the Company's intentional misconduct or gross negligence.

③ If the content of these Terms conflicts with the legislations of the Republic of Korea due to enactment or amendment, the relevant laws will take precedence.

Article 31 (Governing Law and Jurisdiction)

①Lawsuits between the Company and members are governed by the laws of the Republic of Korea.

②Disputes between the Company and members will fall under the exclusive jurisdiction of the district court governing the member's address at the time of the lawsuit, and if the address is not clear, the jurisdiction is determined according to the Civil Procedure Act.

<Supplementary Provision>

These Terms are effective and applicable from December 1, 2022.