Terms and Conditions of Use for Integrated Viewer

The terms and conditions of use for integrated viewer (the “TCU” hereafter) is a legal contract executed between KIDARI Studio Inc. (the “Company”) and a user with regard to the integrated viewer software (the “Software”). In cases where the user accesses the Software by means of installation, duplication or other uses, the user shall be deemed as have agreed to this TCU.

Article 1 (Purpose)

The purpose of the TCU is to define and stipulate the matters concerning the conditions and procedures required for a user to access the Software provided by the Company.

Article 2 (Definitions)

• The terms used in this TCU are defined as follows:

1. The term, “Software,” means an integrated viewer application operated by the Company.
2. The term, “Member,” means a user who installs and accesses the Software after agreeing to this TCU.

• From the terms used in this TCU, all terms not defined in Paragraph 1 shall be as prescribed in the terms and conditions of use for the platforms (the “Webtoon Platform”) operated by the Company and the Company’s subsidiaries in Korea and overseas, applicable statutes and generally accepted customary practices.

Article 3 (Effects and Modification of TCU)

• This TCU shall take effect when the Company provides guidance and a user agrees to the Company or installs the Software at the time of installation of and access to the Software.
• The Company shall be entitled to modify the details of this TCU within the scope not violating applicable statutes.
• The Member, when not agreeing to the amended TCU, may terminate the service agreement by deleting the Software.

Article 4 (Obligations of the Company)

• The Company shall grant the right to install and access the Software for free only to the Member who consents to this TCU.
• For the purpose of offering the continuous and stable service of the Software, in cases where the facility and Software of the Company suffers failure or where the Member files opinions or complaints objectively deemed justifiable, the Company shall, without delay, repair or restore its facility and Software unless unavoidable circumstances exist.
• In cases where the Software is updated, the Company shall immediately provide the updated Software for the Member: Provided that situations may arise where part of functions of the previously provided Software may not be available.
• The Company shall be entitled to amend this TCU when deemed necessary. In cases where the TCU is amended, the Company shall indicate such amendments on the service screen or publicly notify through the means recognizable by the Member: Provided that all amendments to the regulations significant to the rights or duties of the member shall be publicly notified at least 7 days in advance.

Article 5 (Obligations of the Member)

• The Member shall comply with this TCU, the terms and conditions of use for the Webtoon Platform and other applicable statutes.
• Restriction on use, duplication and modification:

1. The Member shall not use the Software for commercial uses without prior consent from the Company.
2. Except for the cases expressly permitted by this TCU, the Member shall not use, duplicate, translate, redistribute, sell or lease the Software in whole or in part.
3. The Member shall not remove the indication, mark or label regarding the attribution of intellectual property rights from the Software.

• The Member shall not violate intellectual property rights or other rights of the Company and third parties by using this Software; and all legal liabilities arising from the above shall be borne by the Member in cases where the Company provides the Service in a normal manner.

Article 6 (Copyrights of Software)

• All rights concerning this Software and related documents shall be retained by the Company.
• The Member shall obtain permission to use from the Company. The Company may withdraw the permission to sue in cases of the Member’s violation of the TCU, termination of affiliations and other material business-related grounds where the service cannot be sustained.

Article 7 (Prohibition against Unjust Use)

• The Company shall deem the following cases as unjust acts:

1. Where 5 or more units of portable device (smart phone, tablet PC, etc.) are used with an identical ID or where digital contents are accessed through 5 or more IPs;
2. Any acts of selling, leasing or assigning the ID and contents or any acts of advertising the above;
3. Where a replication program is executed or screens are captured or recorded while the service is being accessed;
4. All acts of immobilizing the copyright-protection technology applied to the Software;
5. All acts contradicting the terms and conditions of use for the Webtoon Platform;

• When unjust use as referred to in the previous Paragraph is discovered, the Company shall be entitled to take any of the following actions:

1. The Company shall serve prior warning against the relevant violations via e-mail or pop-ups. At the same time, the Company may suspend the Member from using the Software or take legal actions if necessary;
2. The Company shall grant the Member a period of 30 days for vindication. If the Member fails to offer just grounds within the period of vindication concerned, the Company shall cancel the membership registration of the Member and forcibly terminate the Member’s right to use the contents;
3. No compensation shall be available for the actions falling under the paragraphs above;
4. In cases where the Member raises objections against the actions taken by the Company, he/she may vindicate the relevant facts to the Company, and shall be entitled to receive separate measures accordingly for the use.

Article 8 (Termination of Agreement and Compensation for Damages)

• In cases where the Member violates the provisions of the TCU to cause damages to the Company, the Member violating the TCU shall compensate the Company for damages caused.
• If the Company becomes subject to claims of compensation for damages or various complaints, including litigations, filed by a third party other than the Member due to illegal acts or violation of this TCU committed by the Member during the course where the Member accesses the service, the Member shall indemnify the Company at his/her own costs and responsibilities; and if the Company is not indemnified, the Member shall be held liable for all subsequent damages caused to the Company.

Article 9 (Indemnification)

• In cases where the Company is unable to provide the service due to natural disaster or force majeure equivalent to natural disaster, the Company shall be exempted from liabilities for delivery of the service.
• The Company shall not be held liable for failure of service accessibility due to causes attributable to the Member.
• When the Member accesses the Software, intended or unforeseen failure may occur on the Member’s terminal (i.e. diagnosis error or deteriorated function, paralysis or malfunction of the terminal, etc.), and the Member shall make determinations to use the Software under the full consideration of the above. The Company shall not be held liable for all failures arising from the Member’s use of the Software despite the possibilities for failures mentioned above.

Article 10 (Miscellaneous)

All matters not prescribed by this TCU in relation to the use of the service (including, but not limited to, the purchase of the contents, refund and service failure) shall be governed by the terms and conditions of use for the Webtoon Platform, applicable statutes and generally accepted customary practices.

Article 11 (Jurisdiction)

• When disputes arise between the Company and Member in relation to the use of the service, the Company and Member shall engage in discussions in good faith in order to settle the disputes concerned.
• When the parties fail to resolve the disputes despite the discussions under Paragraph 1 of this Article, all disputes shall be subject to the exclusive jurisdiction and venue of Seoul Central District Court.
• Any and all disputes or lawsuits arising in relation to the use of the service and this TCU between the Company and a user shall be governed by the law of the Republic of Korea.

ADDENDA

This TCU shall enter into force on March 29, 2023.