Article 1 (General Provision, Scope)
Article 2 (Definitions)
- “App” means the application titled “SilentLog” provided by the Company (regardless of any changes subsequently made to its name or the content for whatever reason) and its related software;
- “Services” means any and all services which become available for use by Users after installing the App and its related applications, including Dashboard, our web service that operates together with the App;
- “User” or “Users” means an individual or individuals who have entered into a User Agreement with the Company with regard to the Services; regardless of whether or not they have completed the account registration for the Services;
- “User Information” means any information provided by Users or deemed as necessary and requested by the Company upon using the Services, and any additions and/or modifications subsequently made thereto by Users themselves;
- “Device Information” means Users’ mobile device information, location information and sensor information retrieved by the Company upon using the Services;
- “Content(s)” means any information made available to Users through the Services, including, but not limited to, texts, images, video, audio, music and other sound effects, graphics, software, programs, codes, and other types of data;
- “User Content(s)” means any information or material posted or otherwise transmitted by Users through their use of the Services;
- “Third-Party Content(s)” means any incidental information or material provided by a party other than the Company or Users in connection with the Services;
- “Account” means a word or other string of characters used in combination with a Password to distinguish one User from another;
- “Password” means a word or other string of characters used in combination with an Account to distinguish one User from another;
- “Company Website” means the websites with domain names, silentlog.com and doing-app.com (regardless of any changes subsequently made to the domain name or the content of the website for any reason) operated by the Company in relation to the App and the Services;
- “Partner” means any business operator that provides services which are affiliated with the Services after executing an agreement with the Company; and
- “Intellectual Property Right” means copyright, patent right, utility model right, trademark right, design right and any other intellectual property right, including the right to obtain and register any such right.
Article 3 (Registration of User Information)
- Users shall register any information necessary for their use of the Services and other information deemed necessary and requested by the Company.
- Users shall provide true and accurate information when registering User Information. The Company shall provide the Services based on the User Information registered by Users, and shall not be in any way responsible for any loss or damage incurred by Users as a result of any false, misleading or omitted statement in the User Information.
- Users shall notify the Company of any change to their User Information within 14 days of such change in a manner specified by the Company, and shall provide any relevant materials upon request by the Company.
- Any notice of the Company which failed to reach a User for a reason attributable to such User’s non-compliance with the preceding Paragraph shall be deemed as having been delivered to the User when it should have normally arrived.
Article 4 (Account Registration and Paid Services)
- Users may choose to complete the account registration for the Services by following the procedure set forth in the preceding paragraph.
- Some of the Services are available to Users for a charge. Click here for more details on pricing and payments.
- The Company may, from time to time, revise the pricing for the Services, upon which event it will notify Users through a means specified in Article 19, Paragraph 1 or other means deemed appropriate by the Company at least seven (7) days prior to the effective date of such change unless the circumstance requires otherwise. The Company shall be able to give notice at a later time or after the effective date if it is unable to give a seven-day notice pursuant to the foregoing due to any price changes by AppStore or Google Play or for any other reason. Users will be deemed to have accepted such change if they continue to use the Services even after the change has been effected or after they have been notified of the change that has already been effected, as applicable.
- Any late payment by Users shall accrue interest at a rate of 14.6% per annum.
Article 5 (Account and Password)
- Each User is responsible for managing his or her own Account and Password, and may not lease, transfer, sell, or allow any third party to use the same. The Company will deem that the User who has been registered as the holder of an Account and a Password has used the Services once such User’s Account and Password are verified.
- Each User is responsible for, and the Company shall not be in any way responsible for, any loss or damage caused due to the User’s lack of care in managing his or her own Account and Password or due to misuse or use by a third party.
- If a User discovers that his or her Account or Password has been stolen or misappropriated by a third party, such User shall immediately notify the Company to that effect and follow the instructions of the Company to resolve the matter.
Article 6 (Use of the Services)
- The App is available for Users’ personal use only and may not be sold, distributed, developed or otherwise commercially exploited.
- Users may only use the App “as is” and may not reproduce, change, adjust or otherwise modify the same.
- Users are responsible for procuring and maintaining, at their own cost, PCs, software, other relevant devices and network environment necessary for them to use the Services.
- Users agree in advance that the Company may restrict certain Users’ access to all or part of the Services based on the age, availability of identity verification, User Information, account registration or in-app purchases, or satisfaction of other conditions as deemed necessary by the Company.
Article 7 (Provision of Services by Partners)
Article 8 (Prohibited Acts)
No User may engage in any of the following conducts directly or through a third party in connection with their use of the Services (including any affiliated services; the same shall apply hereinafter in this Article):
- Any conduct in violation of a law or regulation, judgment, decision or order of court, or a legally binding administrative disposition, or any conduct that would or may encourage such violation;
- Any fraudulent or threatening acts against the Company, other Users or a third party;
- Any acts that are or are likely to be in violation of public order and morality;
- Any acts that are or are likely to be interfering with the intellectual property right, publicity right, privacy, reputation, or any other right or benefit of the Company, other Users or a third party;
- Any acts intended to transmit to the Company, other Users or a third party any information actually or deemed by the Company as falling under any of the following:
- Information containing extremely violent or cruel expressions;
- Information containing computer viruses or other harmful programs;
- Information containing extremely obscene expressions;
- Information containing racial expressions;
- Information containing expressions that may encourage suicide or self-injury;
- Information containing expressions that may encourage inappropriate use of drugs;
- Information containing antisocial expressions;
- Information requesting dissemination of junk, spam or chain emails to third parties;
- Information containing illegal solicitation or advertisements;
- Information containing disturbing expressions;
- Information intended for meeting strangers of the opposite sex; or
- Any information similar or equivalent to any of the preceding items;
- Reverse engineering;
- Any acts that impose excessive burden on the network or system of the Services;
- Accessing the general system connected to the Services without authorization, unlawfully modifying or deleting information accumulated in the Company’s facility, or any other acts that would cause damage to the Company;
- Any acts of intentionally publishing or posting false data or information;
- Any acts intended to gather information regarding other Users;
- Falsely assuming the identity of the Company or a third party including other Users;
- Abusing the Account and/or Password of another User;
- Advertising, promoting, soliciting or marketing through the Services without obtaining permission from the Company in advance;
- Offering illegal profits to antisocial forces (including an organized crime group, an organized crime group member, a right-wing group, an antisocial force, and any group or individual equivalent thereto);
- Any acts intended for meeting strangers of the opposite sex;
- Any acts that would directly or indirectly trigger or facilitate any of the acts in the preceding items; or
- Any other acts deemed inappropriate by the Company.
Article 9 (Termination by User)
- Users may terminate their use of the Services at any time in the manner prescribed by the Company, upon which event such Users are no longer able to use the Services. Users agree that their Account, User Information, Device Information and other information previously stored within the Services cannot be recovered or restored even when their Account has been deleted by mistake.
- Any User wishing to delete their Account or terminate the use of certain paid Services may follow the procedure prescribed by the Company. Upon completion of such prescribed procedure, such User will no longer be able to access their deleted Account or use the paid Services that have been canceled. Deletion of an Account or cancellation of certain paid Services by a User does not, by itself, result in the termination of all of the Services for the User. Users are requested to follow a separate procedure prescribed by the Company if they wish to terminate their use of all of the Services.
- Even if a User stops using the Services, he or she is not relieved of any responsibilities or obligations (including, but not limited to, compensation for damages) towards the Company or other third parties under relevant User Agreement.
- Even after a User stops using the Services, the Company shall be able to retain and use any information previously provided by such User.
- When a User stops using the Services, the Company may, at its discretion, delete the Account of such User without giving any advance notice.
- The Company may, at its discretion, delete Accounts with more than 1 year of non-activity without giving any advance notice.
- If a User stops using the Services but later decides to resume using the Services, he or she will be required to re-download the App. Users understand and agree in advance that even if the App is re-downloaded, any data from their previous Accounts cannot be transferred or recovered.
Article 10 (Violations)
- If the Company deems that any of the following applies or is likely to apply to a User, the Company may, at its discretion, delete his or her User Information, Device Information and/or User Contents, suspend or restrict the Services and/or delete the Account of such User:
- All or part of the User Information provided by the User is found to have been false;
- The User is found to have abused the payment system designated by a Partner providing an affiliated service, or the User’s transaction has been suspended or invalidated by the payment service provider designated by a Partner providing an affiliated service;
- The User has been subjected to suspension of payment or has become insolvent, and petition for commencement of bankruptcy, civil rehabilitation or any equivalent proceeding has been filed;
- The User has died or received a ruling for commencement of guardianship, curatorship or assistance;
- The User does not respond to the Company’s communication requesting for an answer within 30 days;
- The User’s Account is or has previously been suspended or deleted in relation to the use of the Services;
- The User is a minor or a person under guardianship, curatorship or assistance, and has not obtained consent from his/her statutory agent, guardian, curator or assistant;
- The Company has deemed that the User is involved in or having relationship with an antisocial force, such as by engaging in the maintenance, operation or management of such groups or organizations through provision of funds, etc.;
- The Company deems it necessary to delete, suspend or restrict the User’s Account or User Information for the sake of operating and maintaining the Services; or
- The Company deems that there exists a reason equivalent to any of the preceding items.
- Deletion of a User’s Account will not relieve the User of his or her responsibilities or obligations (including, but not limited to, compensation for damages) toward the Company or other third parties under relevant User Agreement.
- The Company shall not be in any way responsible for any loss or damage incurred by Users as a result of the Company’s actions under this Article, and shall reserve the right to retain and use any information provided by Users even after the deletion of such Users’ Accounts.
Article 11 (Changes, Additions, Termination or Suspension of the Services)
- The Company reserves the right to make changes or additions to all or part of the Services without giving prior notice to Users.
- The Company reserves the right to terminate the provision or operation of all or part of the Services at its discretion, upon which event the Company will notify Users to that effect in a manner deemed appropriate by the Company; provided, however, that such termination may take place without notice in case of an emergency.
- In the event of any of the following, the Company shall be able to temporarily suspend all or part of the Services without giving prior notice to Users:
- An emergency or periodical maintenance or repair work is performed on the hardware, software or other network devices for the Services;
- There has been a system overload due to increased usage or other unexpected reason;
- There is a need for a security measure for Users;
- Telecommunications provider does not provide its services;
- Provision of the Services is rendered difficult due to a force majeure event;
- Provision of the Services is rendered difficult due to fire, power failure, accident, war, disputes, disturbances, riots, labor disputes, etc.;
- Provision of the Services is rendered difficult due to laws or regulations or due to any dispositions made in accordance with such laws or regulations; or
- The Company deems it necessary to suspend the Services for a reason equivalent to any of the preceding items.
- The Company shall not be in any way responsible for any loss or damage incurred by Users as a result of the Company’s actions under this Article.
Article 12 (Ownership of Rights)
- Any and all intellectual property rights pertaining to the Contents or Third-Party Contents provided by the Company through the App or the Services shall belong to and remain the property of the Company or the relevant licensor the Company. No license granted hereunder in relation to the Services shall be construed to confer any license or right with respect to the intellectual property of the Company or the relevant licensor of the Company.
- Unless permission is obtained from the Company, Users may not modify, edit, translate or allow any third party to use any information provided by the Company or disclose the same to any third party, and may not engage in any acts that could infringe upon any intellectual property rights of the Company or the relevant licensor of the Company (including, but not limited to, disassembling, decompiling, reverse engineering) for any reason whatsoever.
- Trademarks, logos and service marks, (hereinafter collectively referred to as “Trademarks, etc.”) which may be displayed within the Services shall not be construed to confer on Users or any other third party any license to use such Trademarks, etc., nor shall they be construed to transfer any title thereto.
- Each User shall represent and warrant that he/she is legally authorized to transmit, by way of posting or otherwise, the information transmitted as User Contents, and that his/her User Contents are not infringing upon the rights of any third party.
- Each User shall grant the Company a worldwide, non-exclusive, free, and transferable license with the right to sublicense for the use, reproduction, distribution, creation of derivative work, display and execution of his or her User Contents. Such license granted in accordance with the preceding provision shall remain effective even after the relevant User stops using the Services or after the User’s Account is deleted.
- Users shall agree that they will not exercise their moral rights against the Company or any successor or licensee of the Company.
- Each User shall be responsible for, and the Company shall not be in any way responsible for, performing backups for his or her own User Contents.
- If the Company deems that there is or is likely to be a violation of the law, regulation or any provision hereof in relation to a User Contents, the Company shall be able to restrict the use of the Services by deleting relevant User Contents or through other means without giving notice to the User.
Article 13 (Collection, Analysis and Handling of User Information)
- Users agree that the Company shall be able to use their User Information, Device Information and any other information or data provided by Users to the Company for purposes of provision and operation of the Services and for improvement of the Contents of the Services, and that the Company shall be able to publish any such information as statistical data only to the extent that no individual is identifiable therefrom.
- Google Analytics / Google Inc.
- Crittercism / Crittercism Inc.
- Flurry / Flurry Inc.
- PartyTrack / Adways Inc.
- Facebook SDK / Facebook, Inc.
- Crashlytics / Crashlytics, Inc.
- Google Analytics / Google Inc.
With respect to Users that request to use affiliated services, the Company will provide relevant Partners with their User Information, Device Information and any other information pertaining to the Users to the extent necessary for allowing the Users to use the affiliated services.
In addition to the provision of the preceding paragraph, each User shall agree that the Company may provide Partners or other third parties with any statistical data collected and/or analyzed through the Services for the purposes stated in Paragraph 2 of this Article and for allowing relevant Partners to provide affiliated services.
Article 14 (Confidentiality)
- Is already known to Users at the time of provision or disclosure by the Company;
- Is or becomes generally known by the public through no fault of Users prior to or after disclosure by the Company;
- Is legally acquired from a third party without an obligation of confidentiality; or
- Is developed independently without reference to Confidential Information.
- Users shall not use Confidential Information for any purpose other than in connection with their use of the Services, and shall not provide, disclose or divulge Confidential Information to any third party without a prior written consent of the Company.
- Notwithstanding the provisions in the preceding paragraph, Users may disclose Confidential Information if required by applicable law, or order or requests of a court or governmental organization, upon which event such Users shall promptly notify the Company to that effect.
- If a User wishes to reproduce, copy or translate Confidential Information, he or she shall obtain a prior written consent of the Company and shall strictly manage such reproduced, copied or translated materials (hereinafter referred to as “Reproduced Materials, etc.”) in accordance with Paragraph 2 of this Article.
- Whenever requested by the Company, Users shall return or destroy any and all materials containing Confidential Information, including any relevant Reproduced Materials, etc., without delay and in a manner specified by the Company.
Article 15 (Damages)
- If a claim is made against the Company by a User or a third party regarding an infringement of right by another User in connection with the Services, such infringing User shall be responsible for compensating for any expenses incurred by the Company to compensate the damaged party and to resolve any disputes arising from such claim, including attorney fees or professional fees and personnel expenses incurred by the Company.
- The Company shall not be in any way responsible for any loss or damage incurred by any User in relation to the Services. Even in cases where the Company has an obligation to compensate a User for damages on the grounds of the applicable consumer protection laws despite the provisions of this Article and other provisions indemnifying the Company’s liability for damages, the damages to be compensated by the Company shall be limited to the direct and ordinary damages actually incurred for reasons attributable to the Company.
Article 16 (Disclaimer and Indemnification)
- Despite the tests constantly conducted by the Company on the accuracy of the content recognition and GPS functions, each User shall acknowledge in advance that there may be cases where they may experience decreased level of accuracy due to changes in the User environment, network condition or other external factors.
- The Company shall not be in any way responsible for any loss or damage arising as a result of or in connection with the Services, including suspension, termination, interruption or modification of the Services, deletion or loss of information transmitted by Users through the Services, deletion or loss of Accounts, device failure or damage, loss or damage resulting from User Contents or Third-Party Contents, or for any other reason whatsoever.
- The Company will store all User Information and Device Information on a secure network in a cloud environment deemed satisfactory by the Company; provided, however, that this provision shall not be construed as a guarantee of absolute safety or reliability, and the Company shall not be responsible for compensating for any damage incurred by Users as a result of any User Information or Device Information lost or removed.
- As a general rule, the Company shall not be involved in the activities or communications among Users, nor shall it intervene in nor be responsible for any dispute or trouble arising among Users. In the event of such dispute or trouble, relevant Users shall be responsible for promptly notifying the Company to that effect and shall resolve the matter at their own cost and on their own responsibility.
- In the event of any dispute arising between a User and a Partner or a third party, the User shall immediately notify the Company to that effect and resolve the matter at his or her own cost and on his or her own responsibility, and the Company shall not be in any way involved or responsible therefor.
Article 17 (Effective Term)
Article 18 (Amendment)
Article 19 (Communications, Notice)
- Any inquiry regarding the Services and any other communications or notices from Users to the Company shall be made using the inquiry form on the Company’s Website or by way of other means as designated by the Company.
- The Company may, from time to time, send advertisements and/or promotions regarding the Services to email addresses registered by the Users.
Article 20 (No Assignment)
- Unless prior written consent is obtained from the Company, Users shall not assign or pledge as security any title or right hereunder or under any User Agreement to any third party, whether in whole or in part.
- Users hereby agree in advance that in the event that the Company transfers its business relating to the Services, the Company shall be able to also transfer its title, rights and obligations under all relevant User Agreements, in addition to User Information and other client data, to the transferee. Transfer of business as provided for in this paragraph shall include mergers where the Company is being absorbed or split and company split-ups where the Company becomes the general successor.
Article 21 (Severability)
Article 22 (Survival)
The provisions of Paragraph 2 through Paragraph 6 of Article 9, Paragraphs 2 and 3 of Article 10, Article 12 through Article 16, and Article 20 through Article 24 shall survive the termination of any relevant User Agreements.
Article 23 (Governing Law, Jurisdiction, Language)
Article 24 (Consultation)
Effective: October 6, 2014
Revised: September 22, 2015
Revised: August 7, 2017