Terms of Service
Effective Date: October 4, 2024
These terms of service (“Terms”) apply to any user (“User” or “You”) using the current and future versions of the video communication service (“CLOVR”) owned and provided by LIFEOASIS Inc. (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. TERMS APPLY TO ALL USERS WHO USE THE SERVICE AS REGISTERED. BY ACCESSING AND USING CLOVR, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN, THE AMENDED TERMS PURSUANT TO THE TERMS, AND THE USER GUIDELINES ESTABLISHED PURSUANT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF CLOVR.
CHAPTER 1. General Provisions
1. Purpose
The purpose of these Terms is to set forth the respective rights, obligations and responsibilities of the Company and You with regard to Your use of CLOVR on Your personal computer or mobile device (collectively, “Device”), either by downloading the service application (the “CLOVR App”) from Google Play Store or Apple App Store (“Application Store(s)”) or by accessing the service website (“CLOVR Web”) provided by the Company. Please note that these Terms govern the legal relationship between You and the Company, and that Your relationship with the Application Stores are subject to the respective terms and conditions of the Application Stores.
2. Changes to these Terms
The Company reserves the right to modify these Terms from time to time as it deems necessary, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of CLOVR after the effective date of a change to these Terms will constitute Your acceptance of the change. If a refund with regard to such a change is required by applicable law, You will be entitled to the refund accordingly. However, changes that benefit Users or changes due to legal reasons may become effective immediately.
3. Notification and Communication to Users
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When the Company contacts the Users in relation to CLOVR, it will do so by posting on an appropriate space on the Company’s website or applications, by using the information supplied by the Users, or by any other method that the Company reasonably believes to be appropriate.
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If there is any change to the information that a User entered when registering for service membership, the User must modify such information or notify the Company of the same, and the Company shall not be liable for any disadvantages or issues resulting from the User’s failure to do so.
CHAPTER 2. Ownership and Relevant Licenses Regarding CLOVR
1. Scope of License Regarding Your Information
If You download the CLOVR APP to use CLOVR, You hereby grant the Company a free license to access, collect and use, in accordance with relevant laws and regulations as well as the Company’s Privacy Policy, the address books, contact lists, and unique phone identifiers (IMEI, Unique Device ID, etc.) contained in the Device to which You have downloaded the CLOVR App in order to use CLOVR.
2. Content License
In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, call screen, software, metrics and other type of materials (collectively, “Content”) on CLOVR. The Company, in accordance with the granted license, may use, reproduce, edit, modify, adapt, or otherwise utilize the Content, in whole or in part, or create derivative works based on such Content. Accordingly, you agree that other members and users accessing and using the service may view the Content you provide.
You acknowledge and agree that you are solely responsible for all User Content created through the service. As such, you are the sole and exclusive owner of all User Content that you provide through the service.
You represent and warrant that any User Content you use in your broadcasts, channels, or on third-party websites does not infringe, misappropriate, or violate any third-party patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, or rights of publicity or privacy, and does not result in any violation of applicable laws or regulations.
Furthermore, you agree not to provide any Content that violates the terms and conditions of this Agreement and the Company's policies, infringes upon the rights of others, or contains material that is obscene or offensive to others. You also agree not to transmit Content that violates applicable laws or regulations, encourages conduct that may constitute a violation, or results in civil liability.
You agree not to use the Content for commercial purposes, third-party benefits, or in any manner not permitted by this Agreement.
3. Restrictions
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You shall not use the Company Assets for any commercial purposes.
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You shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Company Assets.
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You shall not sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the Company Assets to any third party.
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You shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying User interface techniques, or algorithms of the Company Assets, in particular CLOVR and the CLOVR App, by any means whatsoever.
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You shall not remove, obscure, or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Company Assets, or any contents thereof.
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You shall not destroy, disable or circumvent any copyright protection or other digital rights management mechanism put in place for the protection of the copyrights and other intellectual property rights of the Company Assets.
CHAPTER 3. Commencement of Use of Service
1. Consent to the Terms
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CLOVR is provided to registered users who have completed the signing up process and logged in with their account (“Member Service”).
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By accessing and using CLOVR, You agree to be bound by the terms set forth herein, the amended terms pursuant to these Terms, and the user guidelines established pursuant to these Terms. If You do not agree with these Terms, please immediately terminate Your use of CLOVR.
2. Membership Registration Process
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You can register for service membership in accordance with the procedures set by the Company, and Your membership registration process will be completed once the Company accepts Your registration.
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You can log in to CLOVR exclusively through Google and Apple login methods.
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In registering for service membership, You must enter only true and accurate information. You will be responsible for any disadvantages and/or legal liability resulting from Your entering of false information.
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The Company will accept Your registration for service membership pursuant to Paragraph (c) without delay, but may not accept Your registration in any of the following cases. If any of the following cases are found to be true after the Company’s acceptance of Your registration of service membership, the Company may immediately take appropriate restrictive measures, such as suspending Your service account, deleting Your Content and personal information or updating incorrect information. The Company will notify You without delay of such restrictive measures and the reasons therefor, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to a User, a third party, or the Company (e.g., if it impairs the security of CLOVR):
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Your service membership was created using a false or another person’s name;
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You entered false or incorrect information, or omitted information requested by the Company;
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You are under the age of 17;
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Other instances in violation of relevant laws, regulations or standards set by the Company.
3. Eligibility
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CLOVR may not be used in any jurisdiction where such a type of service is prohibited.
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CLOVR is intended solely for Users who are seventeen (17) years of age or older. Any attempt to access or use CLOVR by anyone under the age of seventeen (17) is strictly prohibited and shall be considered a material violation of these Terms.
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You hereby affirm that You fully understand these Terms and are able and competent to comply with these Terms. You may only use CLOVR if You are deemed capable of understanding and complying with these Terms.
CHAPTER 4. Rights and Obligations of the Company and Users
1. Obligations
You must use CLOVR in compliance with these Terms, the amended terms pursuant to these Terms, Community Guidelines, and any of the applicable user guidelines established under these Term. Please stop using CLOVR immediately if You do not agree to these Terms or the User guidelines.
2. Prohibited Acts
You shall not engage in any illegal or inappropriate activities with respect to the Company Assets, including the following acts, and in the event You commit or attempt to commit such acts, You may be subject to civil and/or criminal charges in accordance with relevant laws and regulations.
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You shall not use the Company Assets for any illegal purpose or any purpose not explicitly authorized herein.
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You shall not engage in any acts that cause impairments to CLOVR by damaging, disabling or overburdening the Company Assets.
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You shall not transmit worms, viruses, or any code of a destructive nature using the Company Assets.
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In using CLOVR, You shall not commit any of the following acts nor any acts that amount to any of the following acts that the Company may reasonably deem to be inappropriate in light of the purpose, etc. of providing CLOVR:
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Violation of laws and regulations, rulings, decisions and orders of the court, and/or administrative measures that are legally binding;
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Acts that undermine, or are likely to undermine, public order or moral customs;
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Infringement of intellectual property rights (e.g., copyrights, trademarks, patents, design rights, etc.), moral rights, proprietary rights, rights of reputation, privacy rights, any other statutory or contractual rights, if applicable, of the Company and/or third parties;
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Transmission or posting of excessively violent expressions, explicit sexual expressions, discriminatory expressions concerning race, nationality, belief, gender, social status, etc., expressions that entice or promote suicide, self-harm, drug abuse, and other expressions that contain anti-social content and are offensive to others;
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Impersonation of the Company and/or third party, or intentionally disseminating false information
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Account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment;
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Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users, indiscriminately adding other Users as friends, and other acts that the Company has determined as spam;
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Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by the Company), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming, harassing or insulting other Users, or using CLOVR for any purpose other than those prescribed herein;
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Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.;
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Using CLOVR for purposes of financial crimes;
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Encouraging other Users to participate in religious activities or join religious organizations;
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Acts that interfere with the server and network system of CLOVR, acts of illegally manipulating CLOVR by using BOT, cheating tools, or other technical means, acts of intentionally using CLOVR's system failures, acts of making unfair inquiries or requests to the Company (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder the Company’s operation of or other Users’ use of CLOVR;
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The act of not deleting content posted through recording, capturing, or filming despite requests for deletion from other users, or continuously leaking or distributing such content to third parties, or through third parties.
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Allowing others to access CLOVR with Your account by sharing Your password or lending Your account to others or accessing CLOVR with another person’s account;
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Using CLOVR for purposes other than its intended use; or
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Aiding or encouraging any of the acts falling under any of the acts stated above except for i. through ii. above.
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You shall not alter another website so as to falsely imply that it is affiliated with the Company and/or the Company Assets.
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You shall not use the Company Assets or falsely imply that You are affiliated with the Company and/or the Company Assets for any commercial purpose.
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You shall not use or access any of CLOVR by any means other than through the interface provided by CLOVR.
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You shall not exchange the right to use CLOVR for cash, property or other economic benefits other than as permitted by the Company.
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You shall not commit or engage in any acts that are in violation of these Terms, Community Guidelines, etc.
3. Prevention of Unauthorized Use
The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of CLOVR, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier.
4. Protection of Personal Information
The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy.
5. Feedback
Any comments, suggestions, or feedback relating to CLOVR and/or the CLOVR App (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to CLOVR and/or the CLOVR App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.
6. Assignment
You are not allowed to assign any rights or obligations hereunder as Your account is strictly personal to You. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party. In the event that the Company transfers the business related to CLOVR to its affiliate, Your contractual position, rights and obligations under these Terms, and Your registration information and other user information shall be transferred to the transferee of the business, and You agree to such transfer. The business transfer stated in this Section shall include not only ordinary business transfer but also divestiture and other change of ownership or control.
CHAPTER 5. Use of Services
Section1. Content of Service
1. General Provisions
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You use CLOVR under Your own responsibility and shall be fully responsible for all acts and consequences thereof arising within CLOVR. When You register a password for the use of CLOVR, You must strictly manage it under Your own responsibility in order to prevent misuse. The Company may regard any and all acts made using Your registered password as Your own.
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The Company may change all or parts of CLOVR at any time if it deems it necessary to improve the performance or security of CLOVR, to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of CLOVR’s system. In such a case, in principle, a prior notice shall be given to the Users regarding any material changes or suspensions that adversely affect the Users as and when reasonably practicable. However, if prior notice is not reasonably possible, if measures are needed to improve the security or compatibility of CLOVR, or if it is necessary for the prevention of abusive acts or compliance with legal requirements and so on, such notice may be given after. If the Company cannot disclose the reasons or contents of any change, etc. in detail, the Company will explain the reason thereof. If You do not agree to the change of all or part of CLOVR, You may be restricted from using all or part of its features.
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The Company provides customized services and advertisements to Users by using User information such as service use records. This means that advertisements may be included as part of CLOVR provided by the Company. You may sometimes have to view unwanted advertisements using CLOVR. Such advertisements contribute to the Company’s ability to provide You with CLOVR free of charge by default and furthermore serves as a foundation for the Company to invest in research and development in order to better serve Users. Meanwhile, in order to provide better service, the Company may display on CLOVR or directly send to the Users’ email addresses various information, including notices in relation to the use of CLOVR, administrative messages. The Company may also display advertisements and other promotional messages on CLOVR or directly send such messages to the Users’ email addresses, if applicable.
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The Company employs its utmost efforts to provide the best service to the Users. However, CLOVR may be temporarily suspended due to maintenance of facilities, regular and/or irregular inspection for repair, or other substantial reasons; in such case, the suspension will be notified in advance on the CLOVR service screen, unless there are urgent circumstances such as compliance with legal requirements or maintenance of service security, etc.
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The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through CLOVR, including Your video chat screen.
2. User Tier Status
Depending on the regions, we may provide different services based on the tier status of Users in accordance with our tier status operation policies. In such a case, the User tier status will be granted by the standards set by the Company. The Company may make a distinction in contents of the service between different User tiers, and the Company can change such contents of service due to our circumstances at our discretion. Detailed information of such service will be posted separately in accordance with the notification stipulated in these Terms.
3. Affiliated Partner Services
CLOVR may include services and/or content provided by third-party service providers affiliated with the Company. The responsibility for such services and/or content lies with the third-party service providers. In addition, the service terms and conditions of the third-party service providers may apply to such services and/or content. As such, please refer to the service terms and conditions and privacy policy of the applicable third-party service providers as necessary.
4. Advertising
The Company may place advertisements of the Company and/or third parties within CLOVR.
Section 2. Fee-Based Services
1. Purchase of Fee-Based Services
a. Subscription Services
The Company may offer a subscription service or option in CLOVR, which may include discounts for a certain duration of the commitment period, provision of bonus gems, items, rewards, or other benefits for a corresponding price (“Subscription Services”).
Renewal and Cancellation of Subscription Services
Subscription Services are renewed automatically each month. If You do not wish to renew the subscription, You must cancel Your Subscription Services twenty four (24) hours prior to the expiration of Your current subscription period. For cancellation of Subscription Services, we do not have the ability to cancel automatic renewals for purchases for you. Please follow the steps below on how to cancel the automatic renewals.
For Android:
(a) Launch the Google Play Store app.
(b) Tap the Menu, then Subscriptions.
(c) Tap on the app of the subscription you'd like to cancel, then tap Cancel
Subscription.
Apple/iOS App Store:
(a) Go to Settings, then iTunes & App Store.
(b) Tap your Apple ID. You might need to sign in or use Touch or Face ID.
(c) Tap Subscriptions.
(d) Tap the subscription that you want to manage.
(e) Use the options to manage your subscription.
Changes to Subscription Services
The Company reserves the right to suspend or change the contents of Subscription Services with reasonable prior notice. In addition, changes to Subscription Services that are unfavorable to the Users will take effect at least thirty (30) days after the Company notifies the Users of such change so that the Users may cancel the renewal before the new changes become effective.
Your continued use of the changed Subscription Services will constitute Your acceptance of and agreement to such change.
b. Payment of Charges
If You purchase any Subscription Services and/or other fee-based services (collectively, “Products”), You hereby agree to pay all charges to Your account, including taxes and fees applicable to the Company and You.
You agree to abide by any relevant terms of services of the Application Stores and to perform any contractual obligations resulting therefrom.
You agree that if You purchase any Products through an Application Store, all payment related questions, issues and/or complaints shall be handled in accordance with the relevant Application Store’s terms of service for payment processing. The Company is not authorized to intervene with regard to the foregoing, and in no event will the Company have any responsibility in connection with the same.
The Company cannot change the settings of Your Device. If You, based on Your own judgment, purchase Products by setting up simple payment functions that omit authentication procedures on Your Device, the Company cannot be involved in such process and shall not be held liable for the same.
Additional Terms that apply if you pay the Company directly with your payment method.
If you pay the Company directly, the Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your payment method, the Company may terminate your Subscription Services and/or your account immediately in its sole discretion.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, terminate or cancel your Subscription Services, you remain responsible for any uncollected amounts and authorize the Company to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
c. Liability for Payment Using Third-Party Payment Processing Methods
You are responsible for all claims arising in connection with Your account, unless Products are purchased as a result of the leaking of Your personal information due to the Company’s intentional misconduct or gross negligence.
The Company shall not be held liable for any purchases made by third parties as a result of theft of Your name or personal information, including purchases made by third parties caused by Your careless exposure of Your information or failure to use the password setting functions of Your Device or the Application Stores.
Please be careful not to allow Your acquaintances, children or family members to use Your Device to purchase any Products. Except as otherwise provided under relevant laws, You will be liable for payment of, and the Company shall not assume any liability for, the purchase of Products by any of Your acquaintances, children or family members without Your consent or against Your will.
2. Period of use, exchange, and transfer of Products
a. Period of use
Products can be used for 30 days from the date of purchase.
b. Transfer of Products
A Product can only be used on the account where it was purchased and cannot be transferred to another account by any method other than recognized by the Company.
3. Refunds
Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase.
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Products that are in the possession of any Users whose use of CLOVR has been suspended due to a violation of these Terms or illegal acts;
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Products that were purchased more than 30 days ago;
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Products that are in the possession of any Users who have terminated use of CLOVR or removed the CLOVR App;
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Products that were purchased by third parties as a result of theft or loss of Device or caused by Your carelessness;
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Products that were purchased by Users who have accessed CLOVR in violation of item (xiv), Article 2 (d), Chapter 4 of these Terms.
You may discontinue future Subscription Services at any time. Please note that refunds are not available if the refund period for products on Google Play and the App Store platforms (collectively referred to as "Providers") has elapsed. However, refunds may be possible if an issue with the service provided by the Company is clearly affecting not only you but also other users. Please be aware that charges for the period up to the cancellation date and fees incurred during payment (such as payment gateway fees, Google Play and App Store fees, and other legally applicable third-party fees) may apply.
4. Minors
If a User is a minor (Republic of Korea: under nineteen (19) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be canceled even if it was made without the consent of the legal representative.
CHAPTER 6. Termination of Service and Restrictions of Use
1. Termination of Service and Withdrawal from Service by You
a. To terminate Your use of the service, You may delete Your account by going
through “Profile > Delete Account” in the Settings. IF YOU HAVE
SUBSCRIBED TO ANY SUBSCRIPTION SERVICES, YOU MUST TERMINATE YOUR SUBSCRIPTION SERVICES BEFORE DELETING YOUR ACCOUNT. Any and all liability that occurs as a result of Your failure to do so will be Your sole responsibility. Please note that it will be deemed as termination of Service by You if You attempt to log in from another device with the same phone number or log in with the same phone number that you initially used when first signing up after deleting and reinstalling the service app on iOS (Apple), provided, that there is no email address linked to the account.
2. Restriction or Termination of Service by the Company
a. The Company will notify You without delay of the reasons for any such suspension or termination of service provision, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of CLOVR).
b. The Company may delete Your account information after prior notice to You, which may result in termination of the Service Use Agreement in relation to CLOVR, if You have not logged on or accessed CLOVR for a period that is specified under relevant laws and regulations, these Terms, or the Company’s separate operation policies related to CLOVR. However, if the Company is unable to notify You (e.g., You did not provide a valid e-mail address to the Company at the time of registration for service membership), Your account may be deleted without notice.
c. You or Your legitimate representative (“Content Removal Requester”) may request the Company remove any content displayed on CLOVR by other users that violates Your rights including public fame (or honor), or privacy, by providing the Company the proof of such violation. If the Company is unable to determine whether the subject content violates Your rights, or if a dispute between the parties is expected, the Company may take temporary measures to prevent anyone’s access to such content (“temporary measures”) for up to thirty (30) days.
d. If the Company takes the temporary measures to any content under Paragraph (c) above, the uploader of such content may request to restore the content to the Company (“Complaint Against Removal”) during the term of the temporary measures. The Company may take actions in accordance with the agreement between the parties, the court decision, the administrative order or any other decision of the pertinent government agencies submitted to the Company. If no Complaint Against Removal is submitted to the Company, the Company may delete the subject content after the term of temporary measures expires.
e. The Company may take temporary measures without a user’s request under Paragraph (d) above or a report from a third party if the Company determines that the content violates the rights, privacy or fame (honor) of a user or a third party at its discretion. In such a case, the temporary measures shall be taken in accordance with the procedures provided in Paragraphs (d) and (e).
CHAPTER 7. Indemnification and Warranty Disclaimers
1. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF CLOVR AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR USE OF CLOVR AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO CLOVR. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.
2. WARRANTY DISCLAIMERS
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CLOVR is provided to You "AS IS" and "AS AVAILABLE" with no warranties. The Company hereby disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
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ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF CLOVR, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any issues by closing your account and uninstalling the CLOVR App from Your Device or ceasing Your use of the same.
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THE COMPANY DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT CLOVR AND/OR THE CLOVR APP WILL BE WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not liable in any way to remove or correct any such defects and provide CLOVR to You.
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THE COMPANY DOES NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH CLOVR AND/OR THE CLOVR APP WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
3. LIMITATION OF LIABILITY
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EXCEPT FOR DIRECT DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF CLOVR AND/OR THE CLOVR APP. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the Company is liable for damages regarding the purchase of Products by You, such as when the Product is purchased due to the leakage of Your personal information resulting from the Company’s intentional misconduct or gross negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.
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ABSENT THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal damages arising from Your access to and/or use of CLOVR; (ii) damages caused by a third party’s illegal access and/or use of the Company’s server; (iii) damages caused by a third party’s interruption of transmission to and from the Company’s server; (iv) damages caused by a third party’s transmission or dissemination of malicious programs; (v) damages caused by omission or destruction of transmitted data; and (vi) defamation.
4. BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 7) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 7) SET FORTH HEREIN.
5. Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
CHAPTER 8. Interpretation of Terms, Governing Law and Dispute Resolution
1. Entire Agreement
These Terms represent the complete agreement concerning the matters covered between the Company and You. If any provision of these Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
2. Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
3. Injunctive Relief, etc.
You acknowledge that the obligations made hereunder to the Company are of a unique and irreplaceable nature. Your violation of such obligations may cause irreparable harm to the Company, which may not be replaced by monetary damages alone, and thus, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You.
4. Interpretation
These Terms are drafted originally in Korean. If there are any discrepancies between the Korean and English versions of these Terms, the interpretation under the Korean version shall prevail.
5. Governing Law and Jurisdiction
In principle, these Terms are governed by the laws of the Republic of Korea, and You consent and agree to the exclusive jurisdiction of the Seoul Central District Court with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply.
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