GYMTOC Terms of Service Article 1 (Purpose) The purpose of these terms is to establish the rights, obligations, and necessary matters between the Company (hereinafter referred to as the "Company") and users related to the use of the services provided by the Company (hereinafter referred to as the "Service"). Article 2 (Definitions) 1. The definitions of terms used in these terms are as follows: 1) "Service User" refers to the person who downloads the application from the app store market operated by the app store operator or platform operator to use the services provided by the Company. 2) "User" refers to the Service User who agrees to these terms and the privacy policy and is granted the qualification to use the services provided by the Company. 3) "Service" refers to all services provided by the Company. 4) "Terminal" refers to wireless or non-wireless devices such as mobile phones, smartphones, and tablets that can use the service. 5) "Application" refers to the program provided by the Company that allows users to use the service. 6) "App Store (Open Market) Operator" refers to the operator of an open market where the application provided by the Company can be downloaded, and in-app purchases can be made. 7) "Platform Operator" refers to a business operator and related services that provide services in partnership with the Company. 8) "User Account" refers to a combination of letters, numbers, or special characters selected by the user and assigned by the platform operator for the identification and use of the user. 9) "Content" refers to items created by the Company that can be used in the service. 10) "Paid Content" refers to content that users purchase through in-app purchases to enjoy specific effects or benefits when using the service. 11) "Free Content" refers to content obtained for free by users who do not purchase it directly but receive it as a gift from other users or acquire it for free while using the service. 12) "In-App Purchase" refers to the act of purchasing paid content within the application. 2. The definitions of terms used in these terms, other than those defined in paragraph 1, follow the relevant laws. Matters not defined in the relevant laws are determined according to general customs. Article 3 (Effectiveness and Amendment of Terms) 1. These terms take effect when the Company notifies users through its website or within the application through connection screens for the use of the service. 2. The Company may change these terms within the scope not violating related laws, such as the Electronic Commerce Consumer Protection Act, the Act on the Regulation of Terms and Conditions, the Information and Communication Network Promotion and Information Protection Act, and the Content Industry Promotion Act, to improve the user's rights and obligations. If there is a change in these terms, the Company will notify users at least 7 days before the effective date, along with the reasons for the change and the effective date. However, if there is a change in important matters related to user rights or obligations, the Company will notify at least 30 days in advance. 3. Users may refuse to agree to the changed terms. If users do not agree to the changed terms, they can stop using the service and withdraw from the service. However, even if the Company notifies users of the changes and the user does not express their intention to refuse until the effective date of the change, it is considered that the user has agreed to the changes. 4. Even if users agree to the changes, if the Company collects additional personal information or provides it to a third party, the Company will go through a separate consent process. Article 4 (Supplementary Rules) Matters not specified in these terms and the interpretation of these terms shall be governed by the relevant laws, such as the Electronic Commerce Consumer Protection Act, the Act on the Regulation of Terms and Conditions, the Information and Communication Network Promotion and Information Protection Act, and the Content Industry Promotion Act, and common practices. Article 5 (Formation of Service Agreement) 1. The service usage agreement is established when the "Service User" installs and runs the application and agrees to these terms and the privacy policy. If the application runs normally on the user's device after the completion of the service usage application, it is deemed that the service usage has been approved. 2. Users must provide their real information (hereinafter referred to as "real information") when applying for service usage or during usage. If users provide false information or use someone else's name, they cannot claim the rights of users under these terms, and the Company may cancel or terminate the service usage agreement. The same applies when users provide real information to the platform operator and use the service through the platform operator. 3. The Company may not accept service applications for the following cases: 1) When the payment for content purchase is not made or cannot be confirmed due to incorrect payment. 2) Minors under 19 years old. 3) Creating more than one account per person for each service. 4) Providing false personal information. 5) If there is a usage restriction record within the last 3 months or if the user has been subject to service usage restriction (permanent restriction) according to the service operation policy. 6) Unauthorized use or theft of a third party's credit card, wired/wireless phone, bank account, etc., to purchase or use content. 7) Using the service in a country other than South Korea, which the Company has not yet decided to provide services to, and there is a need to restrict service provision related to the service contract with overseas service providers or specific countries accessing members. 8) Applying for service use with the purpose of engaging in illegal activities prohibited by the "Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc." and other related laws. 9) Any other reasons similar to those in subparagraphs 1 to 8, where approval is deemed inappropriate. Article 6 (Management of User Accounts) 1. The Company performs various user management tasks, including determining the user's ability to use the service, through the user account. 2. Users must manage their user accounts diligently as responsible administrators. The Company is not responsible for any damages caused by users' negligent management of their user accounts or by granting access to third parties. Article 7 (Protection and Management of Personal Information) 1. The Company makes efforts to protect the personal information of users, including user accounts, in accordance with relevant laws. The handling of user's personal information and its use are subject to the privacy policy notified separately by the Company and the relevant laws. 2. The Company's privacy policy does not apply to third-party services provided by third parties simply linked from the Company's website or service. 3. The Company is not responsible for any damages incurred by the exposure of the user's personal information, including the user account, due to the user's fault. Article 8 (Company's Obligations) 1. The company shall comply with relevant laws and faithfully perform the exercise of rights and obligations as stipulated in these terms with good faith. 2. When opinions or complaints raised by users are objectively acknowledged as legitimate, the company shall promptly process them within a reasonable period. However, if the processing takes an extended period, the company will separately notify the user of the reasons and processing schedule. 3. The company shall securely manage the user's personal information, including the user account, to ensure the safe use of services. Except as specified in these terms and the privacy policy, the company will not provide or disclose the user's personal information to a third party. 4. To ensure the continuous and stable provision of services, the company will make every effort to promptly repair or recover facilities in case of malfunctions or data loss during service improvement. This applies unless unavoidable reasons such as natural disasters, emergencies, technical flaws, and unavoidable circumstances for which a solution is difficult with the current technology arise. 5. The company strives to provide user convenience in procedures and contents related to the conclusion, modification, and termination of the user agreement. Article 9 (User's Obligations) 1. Users must not use the services provided by the company for purposes other than the original purpose of the service or engage in the following acts: 1. Providing personal information to the company for user inquiries, restoring and requesting refunds for paid content, and winning events, while using someone else's personal information or providing false information. 2. Impersonating someone else or falsely stating a relationship with someone else, misusing or illicitly using another user's account information, or unauthorized use of someone else's credit card, telephone, bank account, etc., to purchase paid content. 3. Trading or selling content, including paid content, through services not provided by the company. 4. Reproducing, distributing, facilitating, or commercially using information obtained through the company's service or application without the company's prior consent, or exploiting known or unknown bugs to use the service. 5. Using the company's service or application to generate financial benefits for oneself or others. 6. Acts that defame others or cause them harm. 7. Infringing on the company's intellectual property rights, third-party intellectual property rights, rights of publicity, etc., or collecting, storing, disseminating, or posting another user's personal information without the company's consent. 8. Deceiving third parties for benefit, misusing the company's services, or causing harm to third parties through such misuse. 9. Exchanging or posting obscene or vulgar information, linking to pornographic sites, or posting unauthorized advertisements or promotional materials. 10. Inducing or participating in gambling or other speculative activities involving monetary stakes. 11. Sending, transmitting, or disseminating words, sounds, writings, images, or videos that cause shame, disgust, or fear to others. 12. Transmitting, posting, disseminating, or using information (computer programs) prohibited by relevant laws, or materials containing software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment. 13. Modifying the application, adding other programs to it, hacking or reverse engineering the server, leaking or altering source code or application data, constructing a separate server, or arbitrarily changing or misappropriating parts of a website to impersonate the company, without special permission from the company. 14. Impersonating or pretending to be a company employee or operator, or using someone else's name to post writings or send emails. 15. Using the service for the purposes of profit, business, advertising, political activities, illegal election campaigning, religion, etc., without the company's consent. 16. Other acts that violate public order and good morals, or are illegal, unfair, or in violation of relevant laws. 2. Users are obliged to regularly check announcements on the company's website, official cafe, or application, including amendments to these terms and service operation policies. Users must not engage in any activities that interfere with the company's business. 3. Users are responsible for managing their user accounts and must not allow third parties to use them. If the company complies with the "Open Market Mobile Content Payment Guidelines" of the Korea Communications Commission, recommendations, and the payment policies of open market operators, users cannot claim refunds, compensation, etc., for third-party usage and payment reasons. 4. The company may establish and operate service operation policies, and users must comply with the service operation policies set by the company. 5. The company may change service operation policies at any time, and if there are changes, it will be announced in advance. Article 10 (Service Provision Time and Suspension) 1. The company will provide services from the time of accepting the user's service usage. However, for some services, the company may provide services from a specified date according to its needs. 2. The company provides services 24 hours a day, 7 days a week, unless there are special hindrances in business or technology. However, in cases such as regular system inspections, server additions or replacements, addition of new service content, various bug fixes, replacement with new services, or other operational requirements, the company may temporarily suspend service usage for a certain period. In such cases, the company will announce the details and times on the company's website, but in unavoidable circumstances where prior notice is not possible, it may be announced afterward. Article 11 (Service Content and Changes) 1. Users must use the service in accordance with this agreement, service operation policies, and usage rules. 2. The company has comprehensive authority over the production, modification, maintenance, repair, and termination of the service. 3. The company, when necessary for the operation or technology of the service, may constantly modify, add, or terminate all or part of the provided service, including new service content, various bug fixes, and other changes. Changes to the content and provision dates of the modified service will be separately announced through the company's website, etc. 4. The company may limit or suspend all or part of the service in the following cases: 1. In case of irresistible force such as display, riot, natural disaster, or national emergency 2. If there is an obstacle to normal service use due to power outage, general equipment failure, or a surge in usage 3. In case of unavoidable circumstances due to maintenance of service equipment, etc. 4. In other cases where the company cannot provide the service due to its overall circumstances 5. The company is not responsible for problems arising from changes or suspension of the service unless it is due to the company's intentional or gross negligence. Article 12 (Information Provision and Posting) 1. The company may use the user information provided through platform operators and/or app store operators or request additional information from users. The collected or provided user information will not be used for purposes other than those specified in the privacy policy. Users can refuse to provide user information or additional information through platform operators and/or app store operators. 2. The company may display advertisements on the service, and users agree to the exposure of advertisements during service use. 3. The company is not responsible for any loss or damage incurred by users participating in or conducting communication or transactions related to the advertisements in Paragraph 2. 4. The company may send advertisements as described in Paragraph 2 to users using terminal notifications (push notifications), and users can refuse to receive them at any time. Article 13 (Purchase and Usage Period of Paid Content) 1. Users can purchase paid content according to the payment operation policies of each app store operator, depending on the type of terminal used for the service. Due to differences in payment policies, there may be variations in the payment amount. The purchase amount of paid content is charged by the mobile carrier or platform operator and/or app store operator through the methods and policies specified by the respective operator. 2. Paid content purchased by users in the service can only be used on the terminal where the corresponding service application is downloaded and installed. 3. The usage period of paid content purchased by users is generally one year, and if this period expires, users lose the usage rights to the corresponding paid content. However, in the case of paid content with a separately specified usage period, it follows the usage period indicated at the time of purchase. Users can only use paid content in their own accounts, and transfer, lend, sell, exchange, etc., to third parties are not allowed except through methods notified separately by the company. Article 14 (In-App Purchase) 1. The application includes an In-App purchase feature for purchasing paid content. 2. Users must prevent third-party In-App purchases using the password setting feature of the terminal, the password setting feature provided by the app store operator, etc. The company applies modules, libraries, etc., for In-App purchases with authentication procedures provided by the open market according to the recommendation of the Korea Communications Commission and the "Open Market Mobile Content Payment Guidelines." 3. The company is not responsible for third-party In-App purchases arising from the user's failure to use In-App purchase prevention features or the user's negligence in exposing the password. 4. If users who have subscribed to the mobile carrier's youth rate plan make In-App purchases on their respective terminals, it is considered that there is parental consent. 5. Users are responsible for faithfully paying the In-App purchase amount. 6. According to the company's policy and the policy of the payment provider (mobile carrier, app store operator, etc.), the payment limit may be granted or adjusted for each payment method. Article 15 (Withdrawal of Offer and Refund, etc.) 1. In the case of paid content purchased by users, users can withdraw their offer (cancel the purchase) within 7 days from the purchase date or the date when the paid content becomes available for use without additional charges. However, withdrawal of the offer (purchase cancellation) may be restricted under Article 17, Paragraph 2 of the "Act on Consumer Protection in Electronic Commerce, etc." for paid content with characteristics similar to paid content that has already been used or is deemed to have been used at the time of the withdrawal request. In such cases, the company will take measures according to the relevant laws, as notified by the user at the time of purchasing the paid content. 2. If users are unable to use purchased paid content due to the company's fault, the company will either provide the same paid content free of charge or refund the entire purchase amount regardless of the contract date (purchase date). 3. Refunds are processed according to the refund operation policies of each app store operator that users are using, and the detailed refund application procedure follows the operation policy of each app store operator. Also, once the refund is completed, the paid content within the service is reflected by deducting the refunded amount. 4. In cases where users have converted paid content into free content, and there is a legitimate reason to consider the usage of the basic unit that can be purchased within the service as damaged due to full or partial usage, acceptance in screens related to sending/receiving of paid content, such as message boxes and/or gift boxes, or if the user has agreed to the acceptance process, it is considered that users intended to use the paid content, even if it was purchased through others contrary to their intentions. 5. Paid content acquired through service activities without going through normal purchase records via In-App purchases or received as gifts from other users or obtained through company events cannot be refunded. 6. For paid content where withdrawal of an offer is restricted, the company will take measures to ensure that the exercise of the right to withdraw the offer is not obstructed, such as indicating the restriction on withdrawal of an offer before In-App purchase. However, in cases where the company does not take such measures, users can withdraw their offer even if there are reasons for restricting the withdrawal. However, withdrawal of an offer is restricted in the following cases: 1. In the case of paid content that starts to be used immediately after purchase or is immediately applied to the service 2. In the case of additional benefits provided after purchasing paid content, and those additional benefits have been used 3. In the case of partial usage of bundled (package) sold paid content 4. In the case of opening capsule-type/probability-type paid content that can be considered as using the opening act or determining the utility at the time of opening 5. In the case of using part of the paid content or when it is difficult to resell after some time has passed. 7. In-App purchases follow the payment methods provided by open market operators. Therefore, in cases where overpayment occurs during the In-App purchase process, users are generally required to request a refund from the open market operator. However, depending on the policies and systems of the open market operator, the company may request the open market operator to perform the necessary refund procedures. 8. For In-App purchases made through the gifting function, except in the case of defects in purchased paid content, cancellation and refund are generally not possible, and refunds due to defects in paid content are only available to the user who sent the gift. Article 16 (Effects of Withdrawal of Offer, etc.) 1. If users withdraw their offer according to Article 15, Paragraph 1, the company will promptly recover or delete the corresponding paid content and refund the amount received within 3 business days from the date of recovering or deleting the paid content. 2. In case of delay in refunding to users, the company will pay interest calculated by multiplying the rate specified in the "Enforcement Decree of the Electronic Commerce and Consumer Protection Act" and similar laws by the delay period. 3. In the case of refund, if users have paid by credit card or other means specified in the "Enforcement Decree of the Electronic Commerce and Consumer Protection Act," the company will promptly request the business operator that provided the payment method to suspend or cancel the charge. However, if the company has already received the payment from the payment provider, it will refund the payment to the payment provider and notify this to the consumer. 4. If users withdraw their offer according to Article 15, Paragraph 1, users bear the cost of returning paid content, and the company does not charge users a penalty or claim compensation for withdrawal of the offer. Article 17 (Termination of Contract and Suspension of Service Use, etc.) 1. Users can terminate the service agreement at any time if they do not wish to use the service by withdrawing from the service. 2. If users apply for service withdrawal, they cannot use the service for two weeks after the withdrawal application, and all content information held by the user (including service usage records) will be deleted. 3. If users violate the matters specified in Article 9 or the service operation policy, the company may terminate the service agreement or restrict service use for a specified period. 4. Users can object to the service use restriction according to the procedure established by the company if the service use restriction under Paragraph 3 is considered unjust, and the company will immediately resume the service if the user's objection is deemed valid. 5. The company is not responsible for compensating for damages incurred by users due to justified service use restrictions according to Paragraph 3. Article 18 (Temporary Measures as Service Use Restriction) 1. The company may suspend the user's service use until an investigation is completed for the following issues: 1. When there is a legitimate report that the user's account has been hacked or stolen 2. When a user is reasonably suspected of being an illegal program user, an operator of an illegal workplace, or engaging in other illegal activities 3. In other cases where temporary measures for the account are necessary for reasons similar to the above. 2. In the case of Paragraph 1, the company will extend the usage period of paid content in proportion to the service usage period once the investigation is completed. However, this does not apply if the user is identified as an illegal actor under Paragraph 1. Article 19 (Indemnification) 1. If a user causes damage to the company by violating the obligations of this agreement or inflicts damage on the company during the use of the service, the user must compensate for such damages. 2. If, due to illegal acts or violations of this agreement committed by the user during the use of the service, the company receives claims for indemnification or various objections, including lawsuits, from third parties other than the user, the user must indemnify the company at their own responsibility and expense. If the company is not exonerated, the user is responsible for compensating for the damages incurred by the company. Article 20 (Exemption) 1. The company is exempt from liability when unable to provide the service due to force majeure events such as war, natural disasters, national emergencies, technical defects that are difficult to resolve, and other irresistible reasons. 2. The company is not responsible for the interruption or failure of the service due to the user's fault, and the company is exempt from liability when a telecommunications service provider suspends or does not provide the service properly, resulting in user damage. 3. The company is exempt from liability for the temporary suspension or occurrence of a fault in the service due to unavoidable reasons such as prior notice or emergency maintenance, replacement, regular inspections, construction, and so on. 4. The company is not responsible for the user's failure to achieve expected scores, rankings, etc., through the use of the service. The company is also exempt from liability for damages resulting from choices or use of the service. 5. The company is not responsible for any disadvantages or loss of information, including changes to the user's personal information (including the user account), caused by the user's modification. 6. The company is not responsible for issues arising from the user's terminal environment or problems related to the network environment that are not attributable to the company. 7. The company is not obliged to intervene in disputes arising between users or between users and third parties through the service, and is not liable for damages resulting from such disputes. 8. Free services and content provided by the company are excluded from indemnification. However, intentional or serious damages caused by the company are excluded from this exemption. Article 21 (Ownership of Copyrights, etc.) 1. The copyrights and other intellectual property rights related to the content are owned by the company. 2. Without prior consent from the company or the provider, users must not reproduce, transmit, publish, distribute, broadcast, or commercially use information with intellectual property rights belonging to the company or the provider obtained through the use of the service. 3. Users permit the company to use communication, images, sounds, and all data and information (hereinafter referred to as "User Content") uploaded or transmitted through the service by users or other users in the service without restrictions on time and region in the following ways. However, the company cannot sell, lease, or transfer the user's content without the prior consent of the user who created the user content. 1. Use of user content through disclosure, reproduction, performance, transmission, distribution, broadcasting, etc. 2. Utilization of user content through editing, modification, creation of derivative works, etc. 4. If the company determines that the posting or content in the service violates the prohibited acts specified in Article 9, it may delete, move, or refuse registration without prior notice. 5. Users whose legal interests are infringed due to information posted on boards operated by the company can request the company to delete the information or publish counterarguments. In this case, the company will promptly take necessary measures and notify the applicant. 6. Paragraph 3 continues to apply during the company's operation of the service and even after user withdrawal. Article 22 (Jurisdiction and Governing Law) 1. Lawsuits regarding disputes arising between the company and users in connection with the use of the service will be under the jurisdiction of the court according to the procedures prescribed by relevant laws, such as the Civil Procedure Act. 2. The laws of the Republic of Korea apply to lawsuits filed between the company and users. [Supplementary Provisions] (Effective Date) This agreement is effective from December 5, 2024.