Terms of Use

Last updated : October 30, 2023

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the mobile application (each, an "App") and other services including the Software (collectively, "Services") operated by Quokkaindustries Inc. (the “Company”, “Quokkaindustries”, "us", "we", or "our").

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services.

1. HOW THIS AGREEMENT WORKS

1-1. Eligibility

You represent that you are of legal age in your jurisdiction to form a binding contract, but in any event at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use any of the Services. If you are between thirteen (13) and eighteen (18) years old, you must review this Agreement with your parent or guardian, have him/her accept it on your behalf, as well as approve your use of the Services.

1-2. Privacy

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

1-3. Availability

Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

2. USE OF SERVICE

2-1. Advertisements and Third-Party Interfaces and Links

(a) We may present third party advertisements of feature products and services of third parties or feature links to websites operated by third parties in the Services. Inclusion of advertisements does not mean that we endorse the goods or services that they offer, and we bear no liability for any decision by you to purchase or otherwise receive such goods or services. Moreover, we may cooperate with advertisers to offer you sponsored goods or services. The sponsored goods and services are offered by their respective providers, are under their exclusive responsibility, and we shall have no liability for such goods or services. If you encounter any problem with the sponsored goods or services, you agree to contact the third-party providers, not us.

(b) The Services may include links to other websites not owned or controlled by Quokkaindustries. The Services may also include features provided by third parties through an application programming interface (API) of such third-party. Such third parties solely control and assume liability for any loss, damage or harm arising from: (i) the privacy policies or other practices of such third parties; or (ii) the content or availability of any such websites or features, and Quokkaindustries does not endorse any materials available from such websites or features. Quokkaindustries Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

(c) Quokkaindustries encourages you to be aware when you leave the Services. You should read the terms and conditions and privacy policy of each third-party website and features before you provide them with your personal information or other Content. You are responsible for complying with the terms of all such third-party websites and features.

(d) Quokkaindustries may earn a commission when users click on or make purchases via third-party affiliate links.

2-2. Open Source and Additional Software Components

(a) The Services contain certain open source code or additional software components that may be subject to additional specific license terms (“Third Party Components”). By accepting this Agreement, you also agree to be bound by these license terms with respect to the aforementioned Third Party Components. If there is a conflict between the licensing terms of such Third Party Components and this Agreement, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. This Agreement does not apply to any Third Party Components accompanying or contained in the Services and Quokkaindustries disclaims all liability related thereto. You acknowledge that Quokkaindustries is not the author, owner or licensor of any Third Party Components, and that Quokkaindustries makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components.

(b) The components of software referenced on this page have been provided under one or more open source licenses, and the list is complete to the best of our knowledge. If you believe any additional products should be provided under the applicable open source license, please contact us at legal@Quokkaindustries.com and provide in detail the product or code module in question. Quokkaindustries is committed to meeting the requirements of the open source licenses including the GNU General Public License (GPL).

2-3. Intellectual Property

(a) Subject to your compliance with these terms and the law, you may access and use the Services. The Software is licensed, not sold, only in accordance with these terms.

(b) The Service and its original content, features and functionality are and will remain the exclusive property of Quokkaindustries Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Korea, Republic of and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Quokkaindustries.

(c)Quokkaindustries Brands. The trademarks and branding displayed in the Services, as well as their associated goodwill, are and shall remain exclusively owned by Quokkaindustries and/or its licensors (collectively, the “Trademarks”). Some of those Trademarks may also be registered by their respective owners. You may not use or register any trademark that is confusingly similar to any Trademarks, and you must refrain from any action that may dilute, tarnish, or damage the Trademarks or their associated goodwill.

(d) Definition of Intellectual Property Rights. “Intellectual Property Rights” shall mean any rights, titles, and interests (under any jurisdiction, whether protectable or not, and whether registered or unregistered) in and to any inventions, discoveries, works of authorship, domain names, software, algorithms, designs, databases, data, know-how, technology, and/or other intellectual property, and includes without limitation patents, copyright and similar authorship rights, personal rights (such as Moral Rights, rights of privacy, and publicity rights), architectural, building and location (and similar geography-based) rights, mask work rights, trade secret and similar confidentiality rights, design rights, Trademarks, as well as all related applications and goodwill.

2-4. Your Content

You retain all rights and ownership of your content. We do not claim any ownership rights to your content.

2-5. Restrictions and Requirements

Unless permitted in these terms, you must not:
(i) modify, port, adapt, or translate the Software;
(ii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software;
(iii) use or offer the Software on a service bureau basis;
(iv) circumvent technological measures intended to control access to the Software or develop, distribute, or use with the Software, products that circumvent the technological measures; or
(v) rent, lease, sell, sublicense, assign, or transfer your rights in the Software, or authorize any portion of the Software to be copied onto another’s device

3. Payment Policy

3-1. Overview of Subscription Plans and Payments

You may access parts of Services for free, and other parts of Services require payment of subscription fees. This Payment Policy applies to users who have purchased our subscription plan to access the Services online or through a mobile application, and to individuals whose payment details have been used to purchase the Services.

We offer different types of plans and the specific pricing terms applicable to you may vary depending on promotions, in-app purchases, one time purchases, the type of subscription and the term you select at the time of purchase (e.g., monthly, yearly, or lifetime). In addition, our subscription plans renew automatically, as described in more detail below.

Both our mobile and online subscription plans are billed in one payment for the term. This means, for example, that if you purchase a monthly plan, you will be charged for the full month’s payment each month; if you purchase a yearly plan, you will be charged for the entire year at one time; and if you purchase a lifetime plan, you will be charged for the entire lifetime plan amount at one time. Please note that we may use a third-party payment processor to facilitate your payments.

If you buy or subscribe to any of our Services, you agree to pay us, or Apple and Google via your Apple ID /Google account, the applicable subscription fees, and taxes in the applicable currency of your jurisdiction. Failure to pay these fees and taxes will result in the termination of your access to the Paid Services

All subscriptions are payable through your Apple ID/Google account and such payments will be processed in accordance with the terms and conditions of Apple AppStore / Google PlayStore Terms of Service.

3-2. Refund Policy

As all purchases & subscriptions are payable through your Apple or Google ID, refunds of any subscription payment, if any, are subject to the applicable terms and conditions of Apple App Store or Google Play Store App Terms of Service. You will continue to have access to the services until your purchases & subscription payment is refunded by Apple or Google.

3-3. Renewals

If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee.
The date that your subscription will automatically renew is provided on your Apple ID or Google page and in the payment confirmation email sent after your initial purchase. You may cancel automatic renewal at any time before that date by contacting our Customer Service team or through your Apple ID or Google account page. This will stop future subscription charges from accruing to your account.

If you signed up with a promotion, your renewal rate may be higher than your initial rate. Please refer to your Apple ID or Google Account page or the confirmation email sent after your initial purchase to review details about the renewal amount and the date of the next renewal.

3-4. Pricing Change Policy

Our prices may change in the future. If the pricing for your subscription does change, we will notify you, and provide you an opportunity to change your subscription, before applying those changes to your account or charging your payment details in connection with an automatic renewal.

3-5. Payment Information

By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase.
If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your service.

3-6. Lifetime Subscription Plans (Lifetime Pro Upgrade)

A “lifetime” subscription plan allows you to access the Services available at the time or your purchase for as long as those services are available. You may not assign lifetime subscription plans to any other person. We makes no warranties or representations as to the expected lifetime of the Services, and in purchasing a lifetime plan, you acknowledge and agree that the Services could change or terminate in the future.

3-7. Right to Terminate

We may at any time decide to alter, amend, modify, or terminate the Services, any functionality or portion of them and you understand that there is no guarantee that the Services (or any portion or functionality of them) will continue to operate or be available for any particular period of time. We may terminate your access to the Service at any time if (in our sole discretion) we think you have violated these Terms, any law, or any right held by any other user or third party. If we do that, you will not receive a refund of any amounts you have spent on our Services.

4. General

4-1. Limitation Of Liability

In no event shall Quokkaindustries Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

4-2. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Quokkaindustries Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

4-3. Arbitration and Governing Law

These Terms shall be governed and construed in accordance with the laws of Korea, Republic of, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND QUOKKAINDUSTRIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

5. DMCA POLICY

Quokkaindustries deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any Content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the Service, please send a notice of copyright infringement containing the following information to the designated agent at the address below:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Contact information for the notifying party, including name, address, telephone number, and email address.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Law Dept. Quokkaindustries Inc. - 4F, 12, Dosan-daero 58-gil, Gangnam-gu, Seoul, Republic of Korea, quokka@quokkaindustries.com

We may elect not to respond to DMCA notices that don’t substantially comply with these requirements. We also may elect to remove allegedly infringing material that comes to our attention, regardless of the DMCA.

We also may notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material, with instructions as to how that person can file a counter-notification.

6. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

7. Contact Us

If you have any questions about these Terms, please contact us. (quokka@quokkaindustries.com)