These terms and conditions ("Terms and Conditions") cover issues related to the FRENZ Application of IPX Corporation ("IPX Corporation" or the "Company") and related programs, software, etc. ("Service(s)" or "FRENZ"), as well as access and use of all information and text, graphics, photographs and other materials uploaded, downloaded or shared on the FRENZ Application (collectively referred to as the "Content(s)"). If you do not agree to these Terms and Conditions, you will not be able to use FRENZ. So please check it out sincerely and agree.
1. Contract with the Company
1) Governing law: By entering into a contract with the Company pursuant to this Terms and Conditions, the user of FRENZ (“User”) agrees to comply with the laws of the Republic of Korea regardless of the conflict of law provisions.
3) The Company may withhold, accept, or refuse the applicant's application for membership, may terminate the User agreement at a later date or may restrict the use of Services for a specific time if it is not appropriate to accept the applicant's application due to such reasons as mechanical access to the FRENZ service system, account theft, provision of false information, and confirmation of the applicant's abuse of the Services.
2. Posting and revision of the Terms and Conditions
1) The Company shall post these Terms and Conditions on the start page of the FRENZ service or a separate linked page, or a pop-up screen, etc., so that Users can quickly notice them.
2) The Company may amend the Terms and Conditions to the extent that it does not violate relevant laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection ("Information and Communications Network Act"), the Act on Consumer Protection in Electronic Commerce, and the Act on Regulation of the Terms and Conditions.
3) If the Company amends the Terms and Conditions, the date of application and the reason for the amendment shall be specified, and the effective date of the amended Terms and Conditions along with the current Terms and Conditions in the manner specified in Paragraph 1 shall be notified seven (7) days before the effective date. However, if the content of the amendment is legally disadvantageous to the User, the same content shall be provided thirty (30) days prior to the date of effectiveness, and the content shall be sent to the User directly via email or other applicable means.
4) If the Company announces or notifies the amended Terms and Conditions under the previous paragraph, or if the Company clearly announces or notifies that the User shall be deemed to have accepted the amendment of the Terms and Conditions, and the User does not express a refusal within seven (7) or thirty (30) days, whichever is applicable, the User shall be deemed to have accepted the amendment of the Terms and Conditions.
5) If the User does not agree to the application of the amended Terms and Conditions, the contents of the FRENZ's amended Terms and Conditions cannot be applied, and in this case, the User may cancel the User agreement. However, the Company may terminate the User agreement if there are exceptional circumstances in which the existing terms and conditions cannot be applied.
3. FRENZ IP Contents and FRENZ Character
1) 'FRENZ IP Contents' mean all copyrighted works produced by the Company directly or through a third party, or elements of works (characters, character parts, items, videos, images, games, texts, stories, graphics, music, live broadcasts, stationery, etc.) legal rights to which belong to a third party engaged in the contractual relationship with the Company to configure and operate the FRENZ service (including not only visually confirmable materials but also programs, software, etc. used directly or indirectly in the information processing equipment, such as computers). All materials in the Services, including the selection and arrangement of FRENZ IP Contents, are subject to copyright, trademark, and trade dress. Patent and/or other intellectual property rights (including but not limited to the rights for derivative works) are owned by Company and are protected by governing law. In addition, Company can use FRENZ IP Contents for any purpose, period, place, etc., without any restrictions on such FRENZ IP Contents and all works based on such FRENZ IP Contents (including but not limited to the right to create derivative works).
2) The User can, pursuant to this Terms and Conditions create a digital character (“FRENZ Character”) by utilizing and combining FRENZ IP Contents together. The User may interact with other by posting, transmitting and/or storing such FRENZ Character as well. In such case, the User must also follow the Company's community guidelines, which are updated from time to time.
3) Users may only use and exercise copyrights on the FRENZ Character (including derivative works and other intellectual property rights) to the extent permitted by Terms and Conditions. The Company may use FRENZ Characters for commercial purposes without restrictions on the purpose or territory.
4) FRENZ Characters are created or produced based on FRENZ IP Contents, and the User must use them without violating the guidelines established by the Company, especially when using them outside the FRENZ platform. User must comply with the FRENZ Character Usage Guidelines established by the Company. The copyright (including but not limited to the right to create derivative works) and other intellectual property rights to the FRENZ IP Contents and all works based on it shall still belong to the Company.
5) The User shall be fully liable for the FRENZ Character and any damages caused by it, and Company shall not be held liable for that. Although it is not obligatory, the Company may, in its sole discretion, review, supervise, and remove FRENZ Characters at any time. In addition, the Company may add, delete and modify all or part of the FRENZ IP Content at any time in its sole discretion, and the FRENZ Characters and MY Characters may also be added, deleted and modified accordingly. User may not object or demand compensation from the Company based on the addition, deletion or modification of FRENZ IP Content, FRENZ Characters and MY Characters
4. Community Guidelines
The Company's community guidelines are the rules established so that all FRENZ Users can express themselves freely and use the Company's Services safely and happily.
Please refrain from forwarding messages to those who do not want to receive them, especially those with offensive content.
You should carefully consider the content and audience of the messages you send. Anyone can capture your screen, but it must be legal when you save it or share it with your friends.
All use shall be legal. Do not attempt any illegal activity through FRENZ, and do not query or interact with any of the following contents:
- Obscene materials
- Exposure of photos and sensitive content about minors (under 18 years old)
- Content that encourages minors to participate in physically dangerous or harmful acts
- Infringement of privacy
- Bullying and outcast
- Infringement of third-party rights
- Use for political purposes
- Racial, religious and sexual discrimination
If you violate the above regulations, your content may be deleted, your account may be suspended, and your future use of FRENZ may be restricted. Therefore, please carefully consider this policy's original purpose and strictly comply with it. The Company can share opinions with the FRENZ User community, change or add the rules, and will always do its best to enforce the rules fairly and consistently and take the most appropriate action for the situation according to its reasonable judgment.
Any feedback, suggestions, ideas and other information provided by the User to the Company or the Service by email or otherwise ("Feedback") shall not be deemed confidential. Still, it shall be considered the exclusive property of the Company. That is to say, the Company may use and distribute the Feedback for commercial or other purposes without restriction, without giving any notice or compensation to the User who provided it. Furthermore, the User shall not be entitled to exercise any rights, including copyrights and moral rights. The Company always listens to Users' opinions, but please refrain from inquiries requesting ownership and other rights or monetary compensation for this.
6. Prohibited acts
With the restrictions outlined in these Terms and Conditions, the User agrees to refrain from the following acts. Except as expressly permitted by these Terms and Conditions, any use of FRENZ IP Contents, FRENZ Characters and Services without the Company's prior written consent is strictly prohibited. The right to use the license granted under these Terms and Conditions shall be terminated if such an act occurs.
- Any use of the Services for illegal or unintended purposes or in breach of these Terms and Conditions or any third-party terms and conditions for the specific service;
- Acts of obstructing, interrupting or restricting other Users' use of the Service, or using the Service in a manner that adversely affects it, or damages, impedes, overloads, or damages the function of the Service;
- Acts of damaging Service security;
- Acts of sending unwanted advertisement, spam, solicitation, or promotional materials without consent;
- Acts of accessing Services or extracting data using a robot, spiders, crawler, scraper, or other automated means or interface not provided by the Company;
- Acts of reverse design of any part of the Services or attempt to discover the source code by circumventing or avoiding devices designed to prevent or restrict access to areas, Content or code of the Services;
- Acts of using or attempting to use another User's account without permission;
- Acts of attempting to circumvent Content filtering technology used by the company or access areas or functions of the Service that you are not authorized to access;
- Acts of downloading FRENZ IP Contents, FRENZ Characters and Services, and any information contained therein, unless expressly permitted by the Services (excluding page caching);
- Acts of accessing FRENZ API without permission or with a third-party customer;
- Acts of revealing the relationship with the Company or promoting other companies’ products and Services without the Company's express written consent;
- Acts of participating in bullying, intimidating, threatening, stalking, etc.
- Acts of misrepresenting another person or institution or their relationship;
- Acts of infringing on others' portrait rights, privacy, or information protection rights, such as taking photos without their consent.
- Acts of infringing on the patent right, trademark right, trade secret, copyright, other intellectual property rights, or proprietary right of others;
- Acts of selling, renting, lending, or otherwise selling access rights to a FRENZ account, message, username, or friend link in exchange for money without FRENZ's prior written consent;
- Acts of developing a third-party app that can interact with FRENZ Characters or Services without the Company's prior written consent;
- Acts of encouraging or promoting illegal or unauthorized use of the Services and violating Terms and Conditions;
- Acts of using Service characters for commercial purposes without using paid items;
- When you post reviews on FRENZ, such as the iTunes app store service terms and conditions and the Android market service terms and conditions, you must comply with any third party's terms and conditions applicable to the service. In addition, it is strictly prohibited to expose your FRENZ username when creating app store reviews, and violating this may result in the deletion of your FRENZ account.
7. Service use license
The Company grants the User a personal, worldwide, non-transferable, royalty-free, non-exclusive license to use the software provided as part of the Services. Such license is provided solely to benefit from the company Services to the extent permitted by these Terms and Conditions.
1) Account information: To use the Service, you must create a FRENZ account. You shall be liable for the security of your login credentials and all activities conducted through your account.
The User may reproduce, repost, transform, download, transmit, modify, display, reverse design, sell and promote, rent, lend, assign, distribute, license, sublicense and use without authorization all or part of programs and software related to FRENZ services.
8. Company rights
All ownership rights, rights and interests in and to the Services (excluding user-provided content) are the Company's exclusive property and the Company's license. The Services are protected by copyright, trademark and other laws, and nothing in these Terms and Conditions grants any User the right to use the Company's tradename and trade name, logo, domain name and other unique brand features. Feedback, opinions and suggestions regarding the Company and Services are provided voluntarily by the User. If the Company finds them suitable, such opinions, feedback and suggestions shall be used freely without notifying the provider.
9. AD posting
In connection with the operation of the Company's Services, the Company may post advertisements directly on the Service screen through Companyor affiliated third parties.
10. Displaying the Content of paid items, etc.
1) The Company displays the following matters in an easy-to-understand manner for Users on the start screen for the use of Paid Items, FAQ, etc.
The name and product of paid items
Name of the service provider of the paid items (company name in case of a company), address, phone number
2) The equipment available for the Company's paid items and the minimum required items for use shall comply with the recommended specifications.
3) When providing paid items, the Company shall set the conditions and procedures for exchanging, returning, guaranteeing, and refunding paid items.
4) User's monthly cumulative payment amount and paid service purchase limit may be limited according to the Company's policy and the standards set by the payment method provided in Paragraph 1. If the applicable standard is exceeded, additional use of paid services may not be possible.
11. Period of use, etc.
The period of use or validity of paid services shall be as indicated at the time of the contract conclusion. The right to use paid services that have expired may be cancelled.
12. Compensation for damage caused by defects in goods, etc.
Compensation for User’s damages caused by the defects in paid services shall be determined by applicable laws
13. Copyright policy
1) If another person's FRENZ Character violates or is suspected of violating relevant laws, such as the Information and Communications Network Act and the Copyright Act, suspension or deletion of the relevant FRENZ Character can be requested following the procedures stipulated by the relevant laws, and the Company shall take steps under such relevant laws.
2) Even if there is no request from the right holder under the previous paragraph, if there is a reason to suspect the infringement of rights or if it violates other policies of the company or related laws, the Company may take temporary measures against the Contents and shall not assume any liability for that. If necessary, the Company may terminate a User's account who repeatedly infringes the copyright.
3) Detailed procedures under this article shall follow the posting suspension request service established by the Company within the scope of the Information and Communications Network Act and the Copyright Act.
1) In the course of using the Services, you may be exposed to offensive, sensitive, or insulting materials posted by other Users. You agree to accept such risk factors by accessing and using the Services. The Content exposed on the Company's website or Services may not reflect the opinion of the Company and does not support or endorse any Content posted by Users of the Service.
2) Although the Company takes appropriate measures to protect User Content safely, it is impossible to prevent 100% of all risks that may arise from the exposure of such Content.
3) Disclaimer: To the maximum extent permitted by related law, the Company's Services and website, app, Contents and all other materials are provided "as is" without any explicit, implicit or statutory warranties whatsoever. The Company shall not guarantee that (1) the Services and materials meet User's requirements or are continuously uninterrupted, timely, safe, and error-free; (2) results obtained through the use of the website, services, and materials are effective, accurate or reliable; and (3) that all errors and defects found on the website, services and materials are immediately solved.
15. Limitation of liability
Except as prohibited by law, the Company and the Company's vendors and their respective officers, directors, employees and agents ("Company") shall not be liable for (1) the use of, or inability to use, the Services; (2) the provision of the Services and materials available through the Service; and (3) any indirect, special, punitive, incidental, exemplary, or consequential damages occurred by acts of the Service User.
16. Settlement of disputes with the Company
1) Unless otherwise stipulated in writing, in case of a dispute with the Company, the district court with the jurisdiction over the User's residence address at the time of filing the lawsuit, or the district court having jurisdiction in the place of residence if there is no address available shall have exclusive jurisdiction. However, if the User's address or residence is not precise when filing the lawsuit, the court of jurisdiction shall be determined by the Civil Procedure Act.
2) For Users with overseas addresses or places of residence, notwithstanding the previous paragraph, the Seoul Central District Court of Korea shall be the court of jurisdiction for litigations regarding disputes between the Company and Users.
3) Disclaimer: The Company and the User disclaim the responsibility and rights of the United Nations Convention on Contracts for the International Sale of Goods and agree not to apply them in using the Services.
1) The User can stop using the Services at any time.
2) The Company may add, modify, or remove features of the Services at any time. In addition, the Company may suspend the provision of the Services, temporarily or permanently, or add new restrictions.
3) Payment obligations shall remain in effect even if the user account is terminated.
4) If the Services are terminated or suspended, the Company shall use reasonable efforts to notify the User about that and cooperate with the User to restore the user's contents.
18. General provisions
1) Severability: If any provision of these Terms and Conditions becomes unenforceable or invalid due to a court decision, the remaining provisions shall remain valid.
2) No waiver: Failure or suspension of the Company's enforcement of these Terms and Conditions shall not be considered a waiver of its right to enforce these Terms and Conditions.
3) Transfer Prohibition: Unless as permitted to the Users by this Terms and Contions, the User may not transfer rights and obligations under these Terms and Conditions to another person without the Company's written consent. However, in the event of a merger, acquisition or sale of services, the Company may transfer its rights and obligations to the User without the user's consent.
4) Entire agreement: These Terms and Conditions shall represent an entire and exclusive agreement between the Company and the User with respect to the Services and shall supersede all previous agreements with respect to the Services. The Company may, from time to time, amend these Terms and Conditions and, if in its sole determination the amendments are material, the Company shall notify the User about those amendments using a webpage banner or other appropriate means depending on the type of notice. If the User continues to use the Services after the amendment has been applied, the User shall be deemed to have agreed to the amended Terms and Conditions.
These terms and conditions shall apply from 4th of August 2023.