Terms of Service 2021-10-26

Article 1 [Purpose]

The Airbridge Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) prescribe the rights, obligations, and responsibilities required between AB180 Inc. (hereinafter referred to as the “Company”) and the mobile application service operator (hereinafter referred to as the “Member”) in the Member’s use of the Airbridge Services (hereinafter referred to as the “Service”) provided by the Company.

Article 2 [Definitions of Terms]

“Service” means the Company’s service where it measures the number of users flowing in through the Member's mobile application installation advertisements or links and classifies them according to the inflow paths, providing the Member with the performance data of each type of mobile application installation advertisements and helping it to choose effective advertising means.
“Site” means the website (https://airbridge.io) operated by the Company to provide the Service.
“Member” refers to a company or an individual who accesses the Service of the Company enters into a use contract with the Company in accordance with this Terms and conditions in order to use the Service provided by the Company
“Management of Company Information and Account” refers to the function to set the company information, information of all applications, and user account rights of the Member that uses the Service.
“User” refers to an individual who installs and executes on a mobile device a mobile application provided by the Member.
“Analysis” refers to collection, storage, and processing of data collected from “Airbridge SDK” to provide various indicators on the status of mobile applications of the Member.
“Airbridge SDK” or Airbridge Software Development Kit refers to the software library that the Company provides for the Member to install in its mobile applications for using the Service.
“Installation link” means a link for installing a mobile application issued through the Service for the purpose of increasing mobile application users of the Member.
“Tracking link” refers to a hyperlink that leads to the installation page of the Member's mobile application.
“Service start date” refers to the date when the Member installs and starts using the Airbridge Service.
“Service end date” refers to the date when the service period of the Airbridge Service has expired for the Member.
“Member site” means a website operated by the Member or external storages of the Member to which the Member can transfer data.
“Mobile device” refers to a device that is equipped with Google's Android OS or Apple's iOS and can be carried by an individual, commonly meaning a smartphone or tablet.
“Price policy” means a service package selected by the Member.
“Inflow path” refers to the means to provide a tracking link to a user, such as the website where a tracking link is posted and an online advertisement containing a tracking link.
“MAU” or Monthly Active Users refers to the number of users who have run the mobile application at least once a month.

Article 3 [Overview of Business]

The Member can integrate Airbridge SDK provided by the Company to its mobile application in operation and use functions such as management of company information and account, analysis, and installation link provided by the Service.
The Company shall ensure that functions of the Service such as management of company information and account, analysis, and installation link perform stably.

Article 4 [Enforcement and Modification of the Terms and Conditions]

The Terms and Conditions shall be effective upon notification and consent during membership registration on the site or the Member’s website.
The Company may amend the Terms and Conditions to the extent that it does not violate the relevant laws such as the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
The Company may modify the Terms and Conditions without prior notice if there are important reasons and announce the modified Terms and Conditions on the site.
The Member has the right to reject the changed Terms and Conditions. The Member may express its intent to reject the changed Terms and Conditions within fifteen days after the change is announced. If the Member rejects the change in the Terms and Conditions, the Company may terminate the contract with the Member. If the Member does not express its intent to reject the change in the Terms and Conditions within fifteen days after the announce of the change, the Member shall be deemed to have agreed to it.

Article 5 [Rules of the Terms and Conditions]

For matters not specified in the Terms and Conditions, the provisions of the relevant laws and statutes, including the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, and the Act on Promotion of Information and Communications Network Utilization and Information Protection, shall be followed.

Article 6 [Establishment of Contract]

When the Member presses the “I accept” button, checks “OK,” etc. after reading the Terms and Conditions, the Member shall be deemed to have agreed to the Terms and Conditions.
The contract shall be established by the Company accepting the application for using the Service made by the Member after agreeing to the Terms and Conditions. However, if the Company deems it necessary, it may request the Member to submit other documents.
The Company shall notify the Member of acceptance of application and opening of the Service by using one or more of the following methods (hereafter referred to as the “communication means”): phone, SMS, mail, fax, and email.
The installation link function may be used through separate discussions via telephone, face-to-face meeting, email, fax, etc. between the Member and the Company.

Article 7 [Provision of Service]

The Member who wishes to register to use the Service shall provide all the information requested by the Company.
All Members shall provide the names of the representative and the company to use the Service, and those that are not registered under the real name cannot claim any right.
Member registration is possible only by using the official names of the corporate and individual, and the Company may take measures to verify the names.
The Company shall assign a site account to the Member and provide Airbridge SDK.
The Company shall aggregate the number of mobile application installations and executions and the number of specific user actions on the mobile applications for all the users through Airbridge SDK, and then provide the results to the Member on the site or the member site.
The Company shall provide the function that allows the Member to create tracking links on the site.
When a user clicks on a tracking link created by the Member to install the Member's mobile application, the Company shall collects the user’s inflow path through Airbridge SDK and provide the data to the Member on the site or member site.
The Member can register its mobile application on the site and view by inflow path on the site or, in case of a separate contract, on the member site the number of users who have performed installation, execution, and specific actions on the mobile application, based on the information collected through the tracking link and Airbridge SDK.
The Service provided by the Company differs depending on the Price Policy selected by the Member.

Article 8 [Service Charge, etc.]

The Company shall notify the Member of the service charge calculated based on the MAU for the Member’s use of the Service for one year within fifteen days after the day of notification of establishment of Contract. Within fifteen days after the date of notification, the Member shall pay the service fee to the Company by transferring the amount to the account designated by the Company according to the attached price list.
The Member may file issues to the Company if there are any objections or questions regarding the service charge and other Service use, and both parties shall settle such issues amicably through mutual consultations. The parties shall decide on a new service charge through discussions and reflect it in the settlement.
The Member may prepare for using the Company’s Service through Airbridge SDK testing and settings for up to twenty business days before Service start date.
The Member shall access the site in the usual way to use the Service and observe the Service Use Guide posted on the site. Use of the Service may be restricted in case of violation of the Service Use Guide.
The Member shall link Airbridge SDK to the mobile application according to the Service Use Guide posted on the site. In the event where the mobile application does not operate normally due to the Member’s failure to follow the Service Use Guide, the Company shall not be held liable.
If the Member is granted account information (ID and password) through a separate contract, it shall be its own responsibility to manage the information, and the Member shall not provide or share such information to/with third parties or anyone other than the executives and employees of the Member.

Article 9 [Acceptance and Reservation of Application]

The Company shall accept the application for using the Service in accordance with Article 6 unless there are special reasons for rejecting the application.
The Company may reject application or cancel the acceptance even after registration in any of the following cases.
1) If the applicant did not use the real name or used the name of another person
2) If the applicant provided false information or failed to provide information specified by the Company
3) If the applicant reapplied for use within two months after the end of the service expiration by the Company
4) If the user violated the Terms and Conditions or the relevant laws or used other unjust means in application, or if the Company cannot accept the application due to a reason attributable to the Member
5) If the Company considers it necessary
The Company may withhold its acceptance of the application for any of the following reasons.
1) If there is no equipment available
2) In case of technical difficulties
3) If the real name cannot confirmed in the real name verification process of the Company
4) If the Company deems it necessary by reasonable judgment

Article 10 [Change of Member Information in Service]

The Member can view and modify its information at any time on the site.
The Member shall make any necessary modifications to the information entered on the site during the service application and shall be responsible for any problems caused by failure to change the member information on the site.
The Member may withdraw its consent to using the Service if desired, in which case the use of the Service may be restricted. Withdrawal of consent is made by applying for termination.

Article 11 [Obligations of the Company]

The Company shall not violate the relevant laws, the Terms and Conditions, or any established social morals or customs and shall strive to provide the Service continuously and reliably.
The Company shall complete preparation for the Member to use the Service within five business days from the date when the Member completes the application for using the Service, unless under special circumstances.
The Company shall continue to make efforts to provide continuous and stable Service as specified in the Terms and Conditions and repair and restore the equipment without delay if it is damaged or lost. However, in the event of a natural disaster, emergency, or other unavoidable circumstances, the Company may temporarily stop the Service.
The Company shall make every effort to avoid violating the rights or reputations of third parties in the course of fulfilling its obligations under this agreement.
The Company shall make every effort in terms of policies and technology to ensure that the original data of the Member collected through the Service or Airbridge SDK is not leaked to third parties.

Article 12 [Obligations of the Member]

The Member shall comply with the Terms and Conditions and the Company’s notifications through Service instructions and notices and shall not obstruct the business activities of the Company.
The Member shall not transfer or give the right to use the Service or any other status on the contract to another person without express agreement by the Company and cannot provide it as collateral. The Member shall make every effort to ensure that it does not infringe on the rights or reputations of any third party in fulfilling the obligations on this agreement.
The Member may freely select to use various types of functions provided by the Service.
If the Member is a corporation operating in Korea, the Member shall receive consent from the user to outsourcing personal information processing to the Company and cross-border transfer of personal information.
The Member shall not transmit personal information of the user to the Company by using the Opt-Out function of Airbridge SDK if the user falls under any of the following.
1) If the user has not consented to outsourcing of personal information processing and cross-border transfer of personal information under the Personal Information Protection Act.
2) If the user has consents to outsourcing of personal information processing and cross-border transfer of personal information under the Personal Information Protection Act but has withdrawn the consent afterwards
3) If the user is a child under the age of 14
The Member shall not commit any of the following acts in relation to use of the Service.
1) Duplicating user guide material and consulting data obtained through the Service without the Company’s prior approval, using it for publication or broadcasting, or providing it to third parties
2) Posting contents that infringe on the Company’s patent, trademark, trade secrets, copyright, or other intellectual property rights or distributing them to others via email or other means
3) Collecting or storing personal information from other Members without obtaining approval from the Company
4) Acts that interfere with the business of the Company (causing a load on server, equipment, or Service, etc.)
5) Acts that violate the related laws

Article 13 [Service Use Time]

In principle, the Service is open and available 24 hours a day and 7 days a week unless there is a particular problem with the Company’s business or technology. However, the Company may temporarily suspend the Service on the date or time designated by itself for regular system inspection, extension, or replacement and shall notify in advance on the site any scheduled suspension of the Service.
The Company may temporarily suspend the Service without notice due to unavoidable urgent reasons such as urgent system inspection, extension, or replacement and may completely discontinue the Service currently provided for reasons deemed appropriate such as replacement with a new Service.
The Company may limit or suspend all or part of the Service when it is impossible to provide the Service properly due to national emergency, power outage, failure of Service equipment or congestion in the Service use. In this case, the Company shall announce the suspension reasons and period on the site in advance or afterwards.
The Company may not notify discontinuance of the Service due to reasons beyond the control of the Company (failure caused deliberately by the system manager, disk failure without error, system shutdown, etc.) or reasons attributable to a deliberate act or mistake of third parties to whom advance notification cannot be made (key telecommunications service provider, etc.).

Article 14 [Provision of Information]

The Company may provide the Member with various information deemed necessary to use the Service through means of communication.
The Company may request additional information with the consent of the Member for the purpose of improving the Service and introducing the Service to the Member.
The Company may access the dashboard of the Member in the Service platform or view the Member’s original data and the analyzed data for the purpose of improving the Service or handling complaints of the Member.

Article 15 [Termination of Service and Restriction on Service Use]

To terminate the use agreement, the free Member shall submit an application to the Company on the site.
To terminate the use agreement, the paid Member shall submit an application to the Company before 3 months in writing. If the Company want to terminate the use agreement, the Company shall submit an application to the Member before 3 months in writing.
If the unpaid Service Charge is remained when use agreement is terminated, the 'Member' shall pay the unpaid Service Charge based on the date of termination of the use agreement. If the reason of the termination of the use agreement due to the 'Company', the 'Compnay' shall return the Service Charge as much as remaining period of the prepaid Service Charge to the 'Member'.
The Company may terminate the use agreement or suspend the use of the Service for a set period of time without prior notice if the Member commits an act that falls under any of the following.
1) If the Member has entered false information in using the Service
2) If the Member has infringed on an intellectual property right of the Company, another Member, or third party
3) If the Member has deliberately distributed contents that interfere with the public order or social morals and customs.
4) If the Member uses or plans to use the Service for the purpose of undermining national interests or social public interests
5) If the Member has intentionally obstructed Service operation
6) If the Member has distributed a computer virus program, etc. that causes malfunction of information and communication equipment or destruction of information
7) If the Member has reproduced, distributed, or used for a commercial purpose information obtained from using the Service without prior consent from the Company
8) If there is no record of using the Service for more than one year
9) If the Member has violated the Terms and Conditions or other conditions for using the Service set forth by the Company

Article 16 [Airbridge SDK]

The intellectual property rights for all documents, Airbridge SDK, and the contents on the site provided by the Company to the Member (including patent rights, rights for registered utility models, design rights, etc.) in accordance with the Terms and Conditions shall be attributed to the Company. The Member is granted only the right to use Airbridge SDK as provided in the Terms and Conditions from the Service start date.
For the purpose of improving the Service or providing new service, the Company may collect, process, or use information that cannot identify specific users but can be combined with other information for use such as users’ GAID and IDFA as well as information processed to disable identification or specification of mobile applications of certain Members among the data collected during use of Airbridge SDK or the Service.
Airbridge SDK shall be used for its original purposes, and in the following cases, the Company may terminate the Service or suspend its use for a set period of time without prior notification.
1) If the Member has provided Airbridge SDK to a third party
2) If the Member has used Airbridge SDK for hacking or collecting personally identifiable information or for various other illegal purposes not specified in this agreement
3) If the Member has reverse-engineered, decompiled, or disassembled Airbridge SDK without consent of the Company, causing harm to the Company
4) If the Member develops another product using Airbridge SDK
5) If the Member has reproduced or duplicated Airbridge SDK or related documents and distributed the result without prior approval from the Company
6) In the event where the Member violates the copyright of the Company and caused harm to the Company as a result of the conduct in the preceding clause, the Company may claim to the Member compensation for all damages caused by copyright infringement.
7) All rights of distribution, production, etc. of Airbridge SDK belong to the Company.

Article 17 [Marketing Cooperation]

If the Member grants consent, the Company may disclose the fact that the Member is a user of the Service and modify, use, and disclose the Member's company name, trademark, brand image logo (CI and BI) to suit its site, promotional material, etc. starting on the service start date.
The Member shall have the right to decide whether to provide the Company with its company name, trademark, logo, etc. and to allow the Company to use the company name, trademark, logo, etc. in accordance with Paragraph 1 upon request by the Company.

Article 18 [Confidentiality Obligations]

The 'Member' shall strictly maintain as confidential these Terms and Conditions, its annex documents, and confidential information of the Company such as technical and business information acquired while using the Service and ensure that its shareholders, directors, executives and employees, affiliates, and agents to do the same without obtaining written consent from the Company and shall not use or disclose such information for any other purpose than fulfilling this agreement. In the event where the statute requires use or disclosure of confidential information, the Member shall inform the Company of such request.
In the event where the Member violates Paragraph 1, thereby inflicting damage on the Company, the Member shall indemnify the Company for the damage.
In the event where the Member discloses the Service charge and conditions stipulated in these Terms and Conditions to a third party, the Member shall pay the Company ten percent of the annual service charge as a penalty.
This Article shall be effective during the service use period and for five years from the end of the service use period.

Article 19 [Protection of User Information]

In relation to these Terms and Conditions, the Member shall carry out the procedures stipulated in the laws concerning personal information protection, such as making public announcements or notification to users and obtaining consent when necessary, in order to protect the personal information of users.

Article 20 [Suspension of Service]

The Company shall, in principle, provide the Service 24 hours a day, 7 days a week.
The Company may temporarily restrict or suspend provision of the Service in whole or in part for Service maintenance or improvement. In such a case, the Company shall make advance notification on the reasons for service discontinuation, period of discontinuation, etc. on the site.
Provision of the Service may be temporarily restricted or suspended without prior notice due to any of the following reasons or other unforeseen reasons. In such a case, the Company may notify the Member afterwards on the site.
1) If normal Service cannot be provided due to failure in the system, service equipment, or network or congestion in service use
2) In case of force majeure such as a natural disaster or national emergency or events that cannot be controlled by the Company such as power outage

Article 21 [Exemption Clauses]

The Company shall be exempted from the obligation to provide the Service if it is unable to provide the Service due to a natural disaster, war, or any other force majeure events.
The Company shall be exempted from liability for any damage caused by the key telecommunications service provider suspending or failing to provide the telecommunications service.
The Company shall be exempted from liability for any damage caused by unavoidable reasons such as repair, replacement, periodic inspection, and construction of the Service equipment.
The Company shall not be liable for any damage caused by the Member’s computer errors or inaccurate input of personal information or email address.
The Company shall not be liable for the Member’s failure to achieve the expected profits or effects or for any loss incurred using the Service.
The Company shall not be liable for any damage caused by data obtained by the Member using the Service. In addition, the Company shall not be liable for any mental damage that other Members inflict on the Member while using the Service.
The Company shall not be responsible for reliability, accuracy, etc. of the various contents, data, statements, etc. posted by the Member on the Service platform.
The Company is not obliged to intervene in disputes arising from using the Service between the Member and a third party and shall not be liable for any damage arising from such disputes.
The Company shall not be liable for any damage inflicted on the Member from using services provided by the Company for free.
For paid services, the Company shall only to the extent set by the relevant laws be liable for damages related to use, access, misuse, inaccessibility, system failure or errors or for any estimated loss of profit suffered by the Member. The maximum amount of liability held by the Company to the Member shall be the amount paid by the Member to the Company for using the Service for the last 6 months.
The Company shall not be held liable for any damage to the Member for any of the following reasons.
1) If the Service is not available due to failure of a public communication line that is not controlled by the Company or which the Company is not responsible for maintenance or repair
2) If the Service cannot be provided due to reasons attributable to the Member or defects in mobile applications
The Company shall not guarantee an increase in sales of the Member from use of the Service or be liable for decrease in sales.
The Company shall not be liable for any disputes arising between the Member and a third party in relation to the Service unless there is a fault attributable to the Company.
If the Member violates the Terms and Conditions or other laws in the course of using the Service and receives a claim from a third party, it shall indemnify and defend the Company from all claims, demands, losses, costs (including attorney expenses), duties, liabilities, damages, etc. and compensate for all the losses.

Article 22 [Competent Court]

If the parties shall resolve any lawsuit filed on a dispute arising from use of the Service through mutual agreements. If the dispute cannot be settled because an agreement cannot be reached, the Seoul Central District Court shall be the exclusive competent court.

Addendum

These Terms and Conditions shall be effective as of October 26, 2021.
Where there is any translation of these Terms and Conditions to another language then, in the case of any conflict between the two texts, these Terms and Conditions as executed by the parties in Korean shall be the sole determining text.

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