Service Terms
The contracting parties agree that the use of services according to this request/service agreement shall be subject to the following terms and conditions:
Definitions
In this request/service agreement, unless the context otherwise requires
“Service Provider” means Wisible Company Limited.
“Service User” refers to the service user from the service provider according to this request/service agreement.
“User” means any individual who is an employee, agent, or service recipient of the service user.
“Customer” means any individual who is a customer of the service user.
“Service” means the right to use computer software for operating the Wisible application (hereinafter referred to as “Wisible” or “the application”) provided by the service provider according to this service agreement.
“Service Fee” means the charge for the right to use the computer program for operating Wisible and fees, expenses, or other service charges requested by the service user from the service provider, calculated at the agreed rate.
Rights, Duties, and Liability of the Service Provider
- The service provider reserves the right to amend, modify, and change the terms or conditions of service, including the rates of service, and including changes of any kind, which are made in accordance with legal orders or rights granted to provide service to the service provider, without prior notice to the service user. The contracting parties agree that the service provider is not liable for any modifications or changes as mentioned.
- In case of service disruption preventing the normal use of service by the service user, the service provider will rectify the situation within a reasonable time. If the fault is on the part of the service provider, they will be responsible by extending the usage period by at least twice the duration of the service disruption, calculated from the day the problem occurred until the service is restored, with less than 3 hours being counted as 0 days and 3 hours or more as 1 day.
- The service provider will take due care in providing services under this contract but will not be liable in cases where service disruption is caused by electrical system failures, force majeure, natural disasters, or other circumstances beyond the control of the service provider.
- The service provider will not disclose any identifiable information of the service user to outsiders without permission, except as required by law (e.g., court orders or special laws under extraordinary circumstances).
Rights, Duties, and Liability of the Service User
- The service user must use the service for themselves or in their ordinary business operations and will not resell it, except as deemed a normal business operation with their customers.
- The service user must not use the service in a way that disturbs public order and good morals, and must not engage in any illegal activities or anything that violates government regulations, whether currently in effect or in the future. If the service is used illegally or disrupts public order, it is assumed that the service provider had no knowledge or did not assist in such activities.
- The service user agrees not to reverse engineer, modify, or alter the computer program provided in any way, unless with prior written consent from the service provider.
- The service user agrees to cooperate with the service provider according to the terms and conditions of this request/service agreement. Any delay or failure to cooperate by the service user releases the service provider from liability or duty to the extent affected by such delay or non-cooperation.
- If the service user fails to comply with this service agreement, they are responsible for compensating the service provider for any damages incurred.
- The service user agrees and acknowledges that trademarks, ideas, presentation styles, and all parts of the computer program, including source code and object code developed for the service on this website, are protected by intellectual property law. It is prohibited to copy, replicate, reverse engineer, or modify any part of it.
- The service user agrees and acknowledges that they own or have the right to use the data entered into the service provider’s system and are responsible for such data.
- All content or data forming part of the service under this agreement is subject to intellectual property law, owned by the service provider or third parties. The service user may use this content or data only for the purpose of utilizing the service and must not replicate it for any other purposes.
- The service user must not act in any way that infringes or is likely to infringe copyright, trademark rights, patent rights, trade secrets, or any other intellectual property rights under the law.
- The service user agrees to keep their User ID and password confidential. If the service user or user allows others to use their personal data and/or User ID and password, the service user accepts that such actions are considered as their own and are legally binding.
- In cases where the service user or user exercises their rights in a manner that causes damage to other service users or the service provider, the service user agrees to be fully responsible for such damages.
Service Duration
The parties agree that upon the expiry of the service period according to this service agreement, the service period is extended by the same original duration unless either party does not wish to extend it. The service user can continue to use the service until the last day of the current service cycle.
Service Fees
- The service user agrees to pay the service fees according to the specified conditions within the set time.
Temporary Service Suspension
- In necessary cases, the service provider has the right to temporarily suspend all or part of the services, notifying and stating the reasons for such suspension to the service user.
- The service provider must inform the service user at least 7 days in advance if the suspension is expected to last longer than 8 hours.
- The service provider must inform the service user at least 1 day in advance if the suspension is expected to last longer than 4 hours.
- No advance notice is required if the suspension is expected to last no more than 4 hours.
- In the following cases, the service provider may suspend services without prior notice due to force majeure events such as natural disasters, traffic issues, robbery, network system collapse, errors in services provided by other connected service providers, or errors by other service providers that are used by the service provider.
- The service provider has the right to suspend services if it is proven that the service user is using the services illegally or in violation of this agreement.
- The service provider has the right to suspend services if the service user fails to pay the agreed service fees.
- The service provider may need to urgently maintain or repair the service system, and in such cases, the provider must complete the work within a reasonable time. During such temporary service suspension, the service user must continue to pay the service fees as usual.
Termination of Services
- The service provider has the right to terminate the services in the following cases: if the service user dies or ceases to exist as a legal entity.
- The service provider has a reasonable belief that the service user is engaging in fraudulent behavior, using the services illegally, or violating prohibitions in the terms and conditions.
- The service provider has a reasonable belief that the use of services by the service user adversely affects the service provider, other service users, or the service system under this agreement.
- The service provider is unable to provide services due to circumstances beyond its control, as stipulated by law.
- The service user has the right to terminate the service in the following cases without prior notice, and such termination is effective immediately upon written notification, with no refund fees: if the service provider violates a significant term of this agreement.
- The service provider becomes bankrupt or ceases to exist as a legal entity.
- The service provider changes the terms of the service agreement or conditions of service in a way that legally reduces the rights or benefits of the service user, unless the change is in accordance with legal provisions.
Other Agreements
- The service user acknowledges and accepts that any delay or omission in exercising the rights of the service provider under the law or this agreement does not constitute a waiver or consent to a breach of contract by the service user.
- Once the effect of this agreement is terminated for any reason and at least 5 years have passed, the service provider can delete the data that the service user or users have entered into the database.