Table of Contents
- Registration and Security
- Enterprise Subscriber Responsibility for Authorized Users
- Fees, Payment, and Trial Memberships
- Termination and Refund Policy
- Termination of Agreement with Enterprise Subscriber
- Provisions for Expert Editing Service
- Issuance and Management of Points
- Access to Services
- Mobile Services
- User Content
- Changes to Services or Terms
- Links to Third-Party Sites
- Consent to Receive Email Notifications
- Data Collection and Privacy
- Warranty Disclaimers
- Limitation of Liability
- Dispute Resolution by Binding Arbitration
- General Provisions
Together with its subsidiaries and other affiliates, Wordvice, (“Wordvice”), makes available the “Site” (websites including, without limitation, wordvice.com.tw and all subdomains), “Software” (software and mobile applications), and “Services” (including, without limitation, English writing feedback suggestions and/or corrections including correction services by native-speaking professional editors, plagiarism detection) to help people communicate in English more effectively. Access to and use of Wordvice’s existing Site, Software and Services, as well as any future Sites, Software or Services provided by Wordvice are governed by this Terms of Service and License Agreement (this “Agreement”).
BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 19 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 18 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
If you are under 19 years of age, you shall obtain the approval of your parent or guardian to access and use the Site, Service and Software. In addition, if you are under 14 years of age, you must obtain the consent of your parent or guardian for provision of your personal information to Wordvice.
If you are under 19 years old, and if you do not inform Wordvice that you are a minor or use a fraudulent means to induce the belief that you obtained the approval of your parent or guardian, you, your parent or guardian may be jointly responsible for any consequences arising from your use of the Site, Services and Software.
If you are an individual subscriber or are accessing the Site to use a Trial (as defined below) of the Services or Software, or are otherwise browsing the Site, this Agreement is between you, individually, and Wordvice.
Some of the Services are subject to and governed by additional terms and conditions, which are incorporated to this Terms and Conditions where applicable.
If you are an employee, faculty you or student of a university, school or other entity or organization that has subscribed to the Services and Software (an “Enterprise Subscriber”), you are an “Authorized User” of your Enterprise Subscriber and (i) you represent that you have your Enterprise Subscriber’s permission and authority to use the Site, Services, Software and your Enterprise Subscriber’s “User Content” (as defined below) subject to this Agreement, (ii) this Agreement is an agreement between you, individually, and Wordvice, and (iii) your Enterprise Subscriber is jointly responsible for your use of the Site, Services and Software.
If you are entering into this Agreement on behalf of an Enterprise Subscriber, you represent that you have the authority to bind the Enterprise Subscriber to this Agreement, in which case references to “you” in this Agreement shall mean the Enterprise Subscriber. If you do not have such authority, you must not accept this Agreement and may not use the Site, Software or Services.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST WORDVICE TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WORDVICE ON YOUR OWN BEHALF, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON YOUR OWN BEHALF, AND (3) YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE YOUR CLAIMS DECIDED BY A JUDGE OR JURY.
- 1) You may access and use the Site, Services and Software only in accordance with any instruction manuals, user guides and other documentation as made available by Wordvice from time to time (“Documentation”). YOU MAY NOT CHECK MORE THAN 100 DOCUMENTS OR 100,000 WORDS IN ANY 30-DAY PERIOD OR 50 DOCUMENTS OR 20,000 WORDS IN ANY 24-HOUR PERIOD. If you are an Enterprise Subscriber, this restriction applies to each of your Authorized Users individually, not to your overall use of the Site, Services and Software.
- 2) If you are an individual subscriber: In consideration for your acceptance of this Agreement and your payment of all applicable Fees (as defined below), Wordvice grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services, and the Software solely for your own personal purposes.
- 3) If you are an Enterprise Subscriber: In consideration for your agreement to this Agreement and your payment of all applicable Fees (as defined below), Wordvice grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services, and the Software solely for your internal business purposes. In addition, you may permit such number of Authorized Users as has been agreed between you and Wordvice to access and make use of the Site, Services and Software.
- 4) If you are an Authorized User: In consideration for your agreement to this Agreement and your Enterprise Subscriber’s payment of all applicable Fees (as defined below), Wordvice grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services, and the Software solely for the internal business purposes of your Enterprise Subscriber.
- 5) In addition, you may not:
- copy, modify or create derivative works based on the Site, Services, Software or Documentation, or any portion(s) of any of the foregoing (individually and collectively, “Wordvice IP”);
- distribute, transmit, publish or otherwise disseminate any Wordvice IP;
- download or store any Wordvice IP except to the extent explicitly permitted on the Site;
- transfer to any third party any of your rights under this Agreement (except to the extent that an Enterprise Subscriber may permit such number of Authorized Users as has been agreed between the Enterprise Subscriber and Wordvice to access and make use of the Site, Services and Software);
- access or use the Services, Software or Wordvice IP for the benefit of any third party (except to the extent that Authorized Users may access and make use of the Site, the Services and the Software solely for the internal business purposes of their Enterprise Subscriber);
- access content or data not intended for you, log onto a server or account that you are not authorized to access, or otherwise violate or attempt to violate any security or authentication feature or measures of the Site, Software or Services;
- attempt to access or derive the source code or architecture of any Software;
- attempt to probe, scan or test the vulnerability of the Site, Services and/or Software, or any associated system or network, or to breach any security or authentication feature or measures of the Site, Software or Services (except with Wordvice’s express permission in connection with your participation in one of Wordvice’s security testing programs), and if you are blocked by Wordvice from accessing the Site, Software or Services (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address);
- interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting malicious software or computer code (“Malicious Code”) to the Site or Services, load testing, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains any Malicious Code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized materials; or (vi) is otherwise objectionable;
- automate access to the Site or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices;
- export or re-export any Wordvice IP;
- use or access any Services, Software or Wordvice IP in order to build a competitive product, service or solution;
- violate any applicable law or regulations in connection with your use of the Site, Services or Software;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, without limitation, an Enterprise Subscriber;
- spread false information about or make baseless accusations against Wordvice;
- assault, use abusive language towards, or otherwise infringe on the rights of Wordvice’s employees;
- permit any third party to do any of the foregoing.
- 6) Wordvice may offer certain Software, including certain interfaces, for download from the Site (“Ancillary Software”). Subject to the other terms and conditions of this Agreement, you may install and use Ancillary Software on computers owned, leased or otherwise controlled by you, solely in conjunction with your authorized use of the Services. Upon expiration or termination of this Agreement for any reason, you shall cease any further use of the Ancillary Software and shall promptly destroy all copies thereof in your possession.
- 7) Certain Services or Software (including Ancillary Software) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Services or Software (“Specific Terms”). In such cases, the applicable Specific Terms will be made available to you and your access to and use of the relevant Services or Software will be contingent upon your acceptance of and compliance with such Specific Terms.
- 8) Certain Services or Software (including Ancillary Software) may contain or otherwise make use of software, code or related materials from third parties, including “open source” or “freeware” software (“Third Party Components”). Certain Third Party Components may be subject to separate license terms that accompany such Third Party Components that, to the extent they conflict with the terms of this Agreement, supersede the terms of this Agreement. If required by any license for a particular Third Party Component, Wordvice makes the source code of such Third Party Component, and any of Wordvice’s modifications to such Third Party Component, as required, available upon written request to Wordvice.
- 9) Wordvice provides Services available 24 hours a day and 7 days a week. However, your use of the Services may be restricted or suspended, for administrative, operational, or security reasons, without prior notice and without compensation. Wordvice shall make an earnest and reasonable effort to notify you of the reason and the period of such restriction or suspension in advance; in urgent situations, Wordvice shall notify you within a reasonable period of time from the restriction of suspension.
- 10) You shall notify Wordvice immediately of any unauthorized use of the Services or any other known or suspected breach of security or illegal conduct by others, of which you become aware while using the Services.
2. Registration and Security
- 2) Wordvice may reject your use of the Service or cancel the approval already given if you are found to
- use another person's information or false information in registration process;
- use the Services for illegal or unjustifiable purposes or any purpose incompatible with this Terms and Conditions;
- be not suitably qualified to use or disqualified from using the Services by Wordvice for reasons of having violated laws and/or these Terms and Conditions; or
- be under 19 years of age and do not have the approval of your parent or guardian to use the Services.
- 3) Wordvice may temporarily suspend approval of your use of the Services to settle any technical or operational issues.
- 4) In case of registration information problems, Wordvice may restrict or suspend your use of the Services during the period reasonably required to resolve such problems. If your registration information falls under any of the cases stated below, your registration information shall be changed upon your request or at Wordvice’s discretion:
- your registration information is the same or similar to Wordvice, the service operator, or any country, company, or institution, which may cause misunderstanding or interruption of the smooth provision of Services;
- your registration information is likely to i) cause disgust to others, ii) go against public morality, or iii) infringe upon any rights of others; or
- any other cases that are substantively similar to the above in view of necessity of changing registration information.
- 5) You, the User, shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform Wordvice if there is any reason to believe that a user ID, password, or any other security device issued by Wordvice is or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Wordvice reserves the right (at its sole discretion) to request that you change your password(s) in connection with the Services, and you shall promptly comply with any such request.
- 6) You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall Wordvice be liable for any loss or damages relating to such activity.
- 7) Wordvice may terminate this Agreement if you violate these Terms and Conditions and may claim damages against you if any damage is occurred by your breach of this Agreement. In case of your breach of this Agreement, you may be disqualified from using the Services and you may not register during the period of disqualification unless otherwise permitted by Wordvice.
3. Enterprise Subscriber Responsibility for Authorized Users
- 1) Enterprise Subscribers shall ensure that the total number of Authorized Users does not exceed the maximum number of seats authorized by and purchased from Wordvice (each of which seats represents a unique (named) Authorized User).
- 2) Enterprise Subscribers may assign different Authorized Users to the seats authorized by and purchased from Wordvice, so long as the total number of Authorized Users at any time does not exceed the maximum number of seats authorized by and purchased from Wordvice, but Authorized Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their seat, username or right to use the Site, Services or Software to any third party.
- 3) You, the Enterprise Subscriber, and your Authorized Users are jointly responsible for your Authorized Users’ use of the Site, Services and Software. You are also responsible for ensuring that all of your Authorized Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any of your Authorized Users shall be deemed to be a violation thereof by you.
4. Fees, Payment, and Trial Memberships
- 1) If you have registered to use certain Services and/or Software on a trial basis: You may use such Services and Software only for noncommercial evaluation purposes during the applicable trial period. Wordvice may offer a free trial member from time to time with regard to certain Software or Services (a “Trial”). By accessing or using the Site, Services or Software, you agree to the terms of any such Trial and further agree to any changes Wordvice may make to such Trial as described in “Changes to Services or Terms” below. If you terminate the Services before the end of the trial period, all your rights to any remaining free trial period will be waived and you will not be eligible to participate in any further Trials, unless otherwise agreed by Wordvice under its sole discretion.
- 2) Paid Subscription and Trial: You purchase a paid service with your subscription and as part of your paid subscription you may be provided with a trial period during which you will not be charged. The duration of the trial period of your subscription will be specified upon sign-up. You can cancel your subscription at any time during your trial period to avoid subscription charges, and we will notify you before your trial ends. Unless you cancel your subscription prior to the end of the trial period, we will charge you for the subscription fee for the next billing cycle to your Payment Method at the end of the trial period. Trial period availability and eligibility are determined by Wordvice at its sole discretion. For example, we may limit eligibility or duration to prevent abuse of the trial period. We reserve the right to revoke the trial period and put your account on hold if you are deemed to be ineligible. Regarding the combination of your subscription with other offers, restrictions may apply.
- 3) If you are an individual subscriber: Your access to or use of the Services and/or Software shall be contingent upon your payment of all applicable fees as described on the Site or Software at the time.
- 4) If you are and Authorized User of Enterprise Subscriber: your access to or use of the Services and/or Software shall be contingent upon your Enterprise Subscriber’s payment of the Fees.
- 5) Wordvice reserves the right to revise its Fees by increasing or adding new Fees, and the new or revised Fees are effective from the commencement of a new or renewed period of Services.
- 6) To ensure uninterrupted service, all subscriptions to the Site, Software and Services are renewed automatically. Wordvice will notify you by email of the renewal date of the Agreement prior to the renewal date. You hereby authorize Wordvice to charge subscription Fees for the renewal period to the payment method on file. All subscriptions are renewed at the subscription level(s) and Fees in effect at the time the then-current subscription term ends. You may terminate the subscription at any time by following the termination policy below.
5. Termination and Refund Policy
- 1) This Agreement shall continue until you cancel your subscription or until your subscription is terminated by Wordvice. You may cancel your subscription at any time, although only an authorized representative of an Enterprise Subscriber may cancel the Enterprise Subscriber’s account. In such case of cancellation, you must request cancellation according to the cancellation method specified on the Site. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective.
- 2) If you breach these Terms and Conditions, Wordvice may suspend your use of Services and require you to remedy your breach. If such breach is incapable of being remedied or is not remedied within a reasonable period, Wordvice may terminate this Agreement. In case of termination, you shall pay 30% of the list price of the total subscription fee terminated and shall also compensate for all damages caused by your violation. Wordvice may withhold the refund until all damages are compensated by you.
- 3) If you are an Authorized User of an Enterprise Subscriber, and this Agreement or the applicable agreement for Services and Software is terminated in relation to such Enterprise Subscriber, or if you otherwise lose access to the Services and Software via your Enterprise Subscriber (e.g., if you graduate from that Enterprise Subscriber or are no longer employed by that Enterprise Subscriber), Wordvice may elect in its discretion to (a) terminate your account, or (b) downgrade your account to an individual subscriber account, at which point you agree that your use of the Services and Software will be as an individual subscriber in accordance with the terms of this Agreement (which Agreement at that point will be solely between you and Wordvice).
- 4) Upon termination of your account(s) for any reason, your right to use the Services and Software and to access the Site and any of its content will immediately cease and all contents you provided to Wordvice may be deleted.
- 5) Your payment will be refunded via your purchase method; if you used Points to pay for your service subscription, you will be refunded in Points.
- 6) Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable and any fees, taxes or costs incurred by Wordvice are not eligible for refund.
6. Termination of Agreement with Enterprise Subscriber
- 1) This section titled “Termination of Agreement with Enterprise Subscriber” applies only to Enterprise Subscribers, in prior to other terms hereunder.
- 2) Either Wordvice or you may terminate this Agreement by notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receipt of notice of the breach from the non-defaulting party. In addition, Wordvice may suspend the Services upon notice if you fail to make any payment when due and fail to cure such breach within ten (10) days after receipt of notice of the breach from Wordvice. Any such suspension or termination shall be without limitation of any other right or remedy available to the terminating party.
- 3) Wordvice may terminate this Agreement for convenience upon sixty (60) days’ prior written notice without liability to you. Following a termination pursuant to the foregoing sentence, Wordvice shall refund the pro rata portion of any Fees relating to the remaining term, as applicable.
- 4) Either Wordvice or you may terminate this Agreement immediately upon notice to the other party if the other party has a receiver or similar party appointed for all or substantially all of its property, is declared insolvent by a court of competent jurisdiction, ceases to do business in the ordinary course, files a petition in bankruptcy or has a petition filed against it in bankruptcy, becomes the subject of any court or administrative proceeding related to its liquidation or insolvency (whether voluntary or involuntary) that is not dismissed within ninety (90) days, or makes an assignment for the benefit of its creditors.
- 5) If this Agreement is terminated or otherwise expires for any reason, you shall promptly return to Wordvice or destroy, as directed by Wordvice, all Confidential Information, Software and other materials in your possession or under your control belonging to Wordvice, and all rights and licenses granted by Wordvice pursuant to this Agreement. Upon the expiration or termination of this Agreement, your right to use the Services and Software and to access the Site and any of its content will immediately cease and Wordvice may elect in its discretion to (a) terminate your Authorized Users’ accounts or (b) downgrade your Authorized Users’ accounts to individual subscriber accounts.
7. Provisions for Expert Editing Service
- 1) When you choose Expert Editing Service, the provisions of this Article 7 apply to the service; when the provisions of this Article 7 overlap with other provisions of these Terms and Conditions, the provisions of this Article 7 prevail in relation to Expert Editing Service. (“Expert Editing Service” refers to professional editing by human editors.)
- 2) Terms and Conditions of Expert Editing Service
- Fees are charged based on the number of words in the document you submitted (“subject document”) for Expert Editing Service.
- You must enter the accurate number of words (“word count”) of subject document when you order Expert Editing Service. In the case where an incorrect word count is entered, the scope of Expert Editing Service will be restricted to the words within the number you enter; otherwise, your order may be cancelled at Wordvice’s sole discretion.
- If you submit documents that do not fit the type of Expert Editing Service you selected (e.g., submitting an admissions essay for an “Academic Editing” order), the order may be cancelled and payment refunded within 7 days from the time of cancellation.
- Once an editor begins initiating work for an Expert Editing Service order, you may not cancel the order and, thus, refund will not be available unless such cancellation is due to explicit breach of contract by Wordvice.
- Article 18, “Warranty disclaimers,” applies to Expert Editing Service, and Wordvice does not guarantee that its Expert Editing Service will be completely free of subjective style errors or that it will completely meet your expectations. Expert Editing Service is intended for the suggestion of vocabulary and terms, and thus, Wordvice is not responsible for composing the subject document, and it is your responsibility to adopt or reject any suggestions made by Wordvice editors to the subject document.
- Wordvice provides re-editing upon your request at an additional charge.
- Wordvice is not responsible for user complaints that are based on subjective assessment. Examples of subjective assessment: “The finished result of Expert Editing Service did not meet my expectations,” “There seems to be problems in language style in the revised work,” “I wanted more editing,” etc.
- If the quality of English used in a subject document is below reasonable standards, editors may not understand the author’s meaning and/or intention of words in the subject document, and this may adversely impact the result and potential of Expert Editing Service to improve the writing in the subject document. Wordvice is not responsible for any resulting poor quality of English in the revised document, and it is your responsibility to finalize any unclear expressions and phrases in the subject document that arise as a result of poor English.
- If you request an evaluation of a document edited by Expert Editing Service within 30 days of the order completion date and grammatical, punctuation, spelling, or other objective errors are found therein, Wordvice will correct these objective errors.
- The service delivery period (“turnaround time”) begins from the time you complete the payment for an order. If the document revised by Expert Editing Service is delayed from the agreed turnaround time, as compensation for delay, Wordvice shall refund 3% of the total amount paid for the Expert Editing Service per each 3 hours of delay, provided that the maximum amount of compensation does not exceed the total original amount paid for the Expert Editing Service order. However, delays arising from (i) user’s alteration of document's content; (ii) mutual agreement on change from whichever reasons; or (iii) factors that Wordvice is not responsible for, such as the user having on record an incorrect or missing email address or phone number, are not subject to delay compensation.
- You can download the subject document revised by Expert Editing Service for up to 60 days from the date Wordvice uploads the revised document to your account.
- Modification or revision by Expert Editing Service shall not exceed 15% of the subject document. If modification or revision of more than 15% of the subject document is requested or expected, Wordvice will notify you of the excess, and may provide service for such part over the threshold upon your approval at an additional per-word charge.
- If Wordvice cancels your order, payment will be refunded within 7 days from the date of cancellation. Wordvice refunds payment according to your purchase method: when a credit card is used, charges to this card will be cancelled; when Points are applied to the order, refund will be issued in Points.
8. Issuance and Management of PointsYou can purchase Points issued by Wordvice and use our service with Points in your Wordvice account.
This Article 8 establishes the rights, obligations, and procedures of your purchase and use of your Points.
Where other provisions of these Terms and Conditions overlap or conflict with the provisions of this Article 8, provisions of Article 8 prevail in relation to Points.
- 1) Definition
- Points: Refers to payment method on the Site allowing users to pay for Wordvice Services in advance. You can pay for any service with Points, and you can check the balance of Points you own on the Site through your account.
- Paid Service: Refers to services that you can use upon paying for the service through payment methods available on the Wordvice Site.
- 2) Purchase of Points
If you are a minor under the age of 19, you must obtain the consent of your parent or guardian when purchasing Points.
- 3) Approval of Purchase of Points
- Wordvice may refuse to approve the purchase of Points, or may revoke the approval at a later date, in any of the following conditions:
- Usage of a false name;
- Application under another person's name (whether it be stolen or used with the person’s permission);
- Omission or miswriting of required information, or failure to follow mandatory procedures as stated on our Site or in these Terms of Service;
- Failure of user to pay fees or inability of Wordvice to identify the payer;
- Application was created by a minor under the age of 19 without the consent of parent or guardian;
- Payment has been made by an unauthorized payment method without consent or approval of the payment method owner;
- In other cases where approval is deemed impossible due to reasons attributable to you.
- Wordvice may refuse to approve the purchase of Points, or may revoke the approval at a later date, in any of the following conditions:
- 4) Use of Points
- Points can be used for Wordvice's services; you can check your payment and usage history in the My Account section of the Site.
- There is no interest income generated on, nor tax deducted from, the Point balance.
- 5) Expiry of Purchased Points Points automatically expire sixty (36) months (or 3 years) from the time of purchase. However, Points the Wordvice provides the user (such as from reviews, referrals, and other opportunities to receive Points) will automatically expire after ninety (90) days from the date of purchase.
- 6) Cancellation of Points Purchase and Legal Effect Thereof
- You can cancel your purchase of Points within seven (7) days of the date of purchase.
- The cost of cancellation of your purchase of Points is in accordance with the relevant provisions of the Consumer Protection Act in Electronic Commerce, etc.
- 7) Refund of Currently Owned Points
Refund of Points may be restricted according to Wordvice’s policy. Points that have already been used and Points received free of charge, discounts, and fees paid by the company are not eligible for refund in any case. Points may be refunded within three (3) months of the time of purchase, and penalties (20% of the total payment amount) are deducted from the final refund amount.
- Wordvice may choose not to refund in the case where restricting the use of your account and/or ID or terminating the contract with you was a result of having confirmed that you committed an act that might seriously and negatively impact operation of the Service (i.e., serious breach of various laws, such as the Resident Registration Act, Copyright Act, Computer Program Protection Act, Service Industry Promotion Act, and Information and Communications Network Act, or other relevant act or acts). However, if it is found that you have not committed an illegal or serious adverse act, a refund will be provided.
- 8) Privacy
- Wordvice uses your information related to Point purchase only for the purpose of providing this service and cannot disclose or distribute it to a third party without your prior consent as a user. However, Wordvice may disclose your information to a third party in any of the following cases:
- When it is necessary for payment of service provision;
- When it is necessary for statistical preparation, academic research, or market research, and/or when information is processed in a form that does not identify a specific individual;
- When special provisions in laws require Wordvice to provide this information, including the Act on Real Name Financial Transactions and Confidentiality, the Act on the Use and Protection of Credit Information, the Framework Act on Telecommunications, the Telecommunications Business Act, the Local Tax Act, the Consumer Protection Act, the Bank of Korea Act, the Criminal Procedure Act, and other relevant acts.
- Wordvice uses your information related to Point purchase only for the purpose of providing this service and cannot disclose or distribute it to a third party without your prior consent as a user. However, Wordvice may disclose your information to a third party in any of the following cases:
- 9) Restrictions on Use of Points
Wordvice may restrict all or part of the use of Points or delete (recall) related service accounts and IDs in any of the following cases:
- The event of hacking or other acts resulting in overloading of the system;
- User transferring or selling Points to a third party;
- Acts of counterfeiting, altering, stealing, illegally acquiring, using, or distributing the payment method in the payment of points.
- 10) Suspension of Service Related to Points
- Wordvice may suspend the provision of Points services in any of the following cases:
- Unavoidable circumstances due to construction or maintenance of service facilities;
- The key telecommunications business operator stipulated in the Telecommunications Business Act suspends telecommunications service;
- Other force majeure causes.
- Wordvice may limit or suspend all or part of the Points service when there is an obstacle to normal service due to a national emergency, power outage, service facility failure, or excessive use of the service.
- Even if the provision of services related to Point is suspended, the number or value of Points you legally hold will not be affected.
- Wordvice may suspend the provision of Points services in any of the following cases:
9. Access to ServicesYou are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation: modems, hardware, software, internet service and telecommunications capacity. You shall be solely responsible for ensuring that such equipment and ancillary services are compatible with the Services and Software.
10. Mobile ServicesThe Site, Software and Services may include products and services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device; (ii) the ability to browse the Services and the Site from a mobile device; and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that Wordvice may communicate with you regarding Wordvice and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your mobile telephone number, at your own risk.
11. User Content
- 1) “User Content” refers to the text, documents, and other content and information you enter, upload, and transmit when you use our Site, Software and Services.
- 2) You own the intellectual property rights in your User Content. For seamless provision of service under this Terms and Conditions, you permit Wordvice (in legal language, this is called a license) to use your User Content to provide our Site, Software and Services to you.
You grant us a license to your User Content for the purposes of:
- Operating and improving the Site, Software and Services;
- Protecting the Site, Software and Services;
- Customizing the Site, Software and Services; and
- Developing new technologies and services.
The license you grant us is:
- Non-exclusive (meaning you own your User Content and can license it to other people and companies);
- Royalty-free (meaning we do not pay you for any content or use); and
- For as long as your User Content is protected by intellectual property laws.
- 3) The license you give us allows us to, solely for the purposes outlined above, store, reproduce, use, publish and publicly display to you, modify, and create derivative works of (such as providing writing suggestions and auto-correcting words), and permit (this is called a sublicense) our service providers to process your User Content solely for the purpose of helping us provide the Wordvice Site, Software and Services to you.
- 4) Wordvice does not own, control, verify, or endorse User Content. You are responsible for all your User Content. That means you should back up all your User Content and not do anything illegal or harmful with it (including violate any intellectual property or trade secret laws).
12. Changes to Services or Terms
- 1) Wordvice reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, including any Trial; (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any Trial, including the availability of any feature, database or content; or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, including any Trial, in each case with or without prior notice and without any liability to you or any third party. Wordvice will use its commercially reasonable efforts to notify you of changes to the Services and/or Software that, in Wordvice’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services to which you have subscribed.
- 2) Wordvice may from time-to-time update or revise this Agreement. If Wordvice updates or revises this Agreement, Wordvice will notify you either by email to your most recently provided email address, by posting the updated or revised Terms of Service on the Site or by any other manner chosen by Wordvice in its commercially reasonable discretion. However, changes unfavorable to you take effect after thirty (30) days from the notification date. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with this Agreement as updated or revised.
- 3) You can view the most current Terms of Service at our Site. It is your responsibility to review the Terms of Service periodically.
- 4) If you cancel your subscription within ten (10) days following such notice by Wordvice in accordance with the two preceding paragraphs, Wordvice will refund you a pro-rated portion of any pre-paid Fees for the affected Services applicable to the cancelled portion of the pre-paid subscription term, if any.
13. Links to Third Party SitesAny links on the Site to third party websites are provided for your convenience only. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk and such access is between you and such third party. Wordvice does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services.
14. Consent to Receive Email Notifications
- 1) Your registration to use the Site and/or Services constitutes your consent to receive email communications from Wordvice, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.
- 2) Wordvice is deemed to have given all notices required by "Terms and Conditions" by sending the document to your email address. If you refuse to receive the registered email or does not update the email address so the notice from Wordvice is not receive, you are responsible for any damage caused by such lack of registration or notice.
- 3) You may replace the notice required by the Term of Service by sending a document to the email address designated by Wordvice. Designated Email Address: firstname.lastname@example.org
15. Data Collection and Privacy
- 3) In addition, Wordvice may engage third parties to conduct risk control and fraud detection/prevention activities. As part of such engagements, if you initiate a transaction on the Site or through the Services, Wordvice may give such third parties access to your pertinent credit card and other personal information. Such third parties may only use such personal information for purposes of performing risk control and fraud detection/prevention activities for us. However, they may also convert such personal information into hashed or encoded representations of such information to be used for statistical and/or fraud prevention purposes. By initiating any such transaction, you hereby consent to the foregoing disclosure and use of your information.
- 1) All intellectual property rights in and to the User Content are and shall remain your property, and Wordvice shall acquire no right of ownership with respect to your User Content. However, Wordvice acquires the right to use the “Input Document” for the purpose set forth in Article 11 of these Terms and Conditions.
- 2) All intellectual property rights in and to the Software, Site and Services and other Wordvice IP are and shall remain the sole property of Wordvice and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Software or other Wordvice IP except as specified in this Agreement. Without limiting the foregoing, you acknowledge that the Software and the Service and the inventions, know-how and methodology embodied therein are proprietary to, and contain valuable trade secrets of, Wordvice and its affiliates and licensors, as applicable, and that the Software constitutes Confidential Information of Wordvice.
- 3) You may from time to time provide Wordvice with suggestions, comments, recommendations, improvements, solutions, bug fixes, features, concepts, techniques, ideas, know-how and/or any feedback regarding the Services, the Software, the Site and/or any of Wordvice’s related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. As between the you, Wordvice and, if applicable, your Enterprise Subscriber, all Feedback shall be exclusively owned by Wordvice, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result Wordvice shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you, your Enterprise Subscriber (if applicable) or any other person or entity.
17. IndemnityYou shall indemnify, release and hold harmless Wordvice and its parents, subsidiaries, affiliates, licensors and suppliers, and each of their respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services or Software, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.
18. Warranty DisclaimersTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORDVICE, ITS LICENSORS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, AND SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES AND SOFTWARE ARE AT YOUR OWN SOLE RISK AND THAT THE SITE, SERVICES AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WORDVICE AND ITS LICENSORS AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.
19. Limitation of LiabilityIN NO EVENT SHALL WORDVICE BE LIABLE WITH RESPECT TO THE SITE, SERVICES AND/ OR SOFTWARE FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO WORDVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED USER CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WORDVICE AND YOU. YOU UNDERSTAND THAT THE SITE, SERVICES AND SOFTWARE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
20. Dispute Resolution by Binding ArbitrationPLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- 1) Agreement to Arbitrate
This Section titled “Dispute resolution by binding arbitration” is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Wordvice, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Site, Software or Services, any advertising or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Wordvice are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- 2) Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WORDVICE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS YOU IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WORDVICE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- 3) Pre-Arbitration Dispute Resolution
Wordvice is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at (email@example.com). If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).
The Notice to Wordvice should be sent to firstname.lastname@example.org (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Wordvice and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Wordvice may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Wordvice or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Wordvice is entitled.
- 4) Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board (“KCAB”, the “KCAB Rules”), as modified by this Arbitration Agreement. For information on the KCAB, please visit its website, http://www.kcabinternational.or.kr/main.do.
If there is any inconsistency between any term of the KCAB Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Wordvice and you agree otherwise, any arbitration hearings will take place in Seoul, Korea. If the parties are unable to agree on a location, the determination shall be made by KCAB. The language to be used in the arbitral proceedings shall be English. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- 5) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the KCAB Rules, unless otherwise provided in this Arbitration Agreement.
- 6) Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- 7) Severability
Without limiting the severability provision in the Section titled “General Provisions” of this Agreement, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of clause (b) of this Arbitration Agreement is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.
- 8) Future Changes to Arbitration Agreement
Notwithstanding any provision in this Agreement to the contrary, Wordvice agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Wordvice written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
21. General Provisions
- 1) This Agreement shall be governed by, and construed in accordance with, the laws of Republic of Korea, without regard to any choice of law, conflicts of law or other principles that would result in the applicable of the laws or regulations of any other jurisdiction. Subject to the section titled “Arbitration”, any legal action or proceeding relating to this Agreement shall be instituted in Seoul Central District Court. You and Wordvice agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
- 2) This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Wordvice.
- 3) Wordvice may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.
- 4) If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unimpaired and shall remain in full force and effect, and the invalid, illegal or unenforceable provision(s) shall be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).
- 5) The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- 6) If Wordvice is unable to perform any obligation under this Agreement because of any matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving employees of Wordvice), acts of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks or other events beyond Wordvice’s reasonable control (each, a “Force Majeure Event”), Wordvice will have no liability to you for such failure to perform; provided, however, that Wordvice shall resume performance promptly upon removal of the circumstances constituting the Force Majeure Event. If any Force Majeure Event continues for more than sixty (60) days, either Wordvice or you may terminate this Agreement by delivery of written notice to the other party. You will remain responsible for all Fees incurred through the last day the Services were available.
- 7) All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
- 8) This Agreement constitutes the entire agreement between Wordvice and you with respect to its subject matter, and supersedes all prior communications and proposals, whether electronic, oral or written, between Wordvice and you. No waiver or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party.