Terms of Service
Chapter 1: General Provisions
Article 1: Purpose
These terms and conditions are established for the purpose of defining the rights, obligations, and responsibilities between the Company, ProGround Co., Ltd. (hereinafter referred to as the "Company"), and the user regarding the use of the SuperWalk application (hereinafter referred to as "SuperWalk") provided by the Company through devices.
Article 2: Definitions
β The definitions of terms used in these terms and conditions are as follows:
"User" refers to an individual or organization that enters into an usage agreement according to these terms and conditions and uses all content and services provided by the Company.
"Content" refers to information, data, and all related materials produced by the Company in connection with the provision of services, which can be accessed through devices, excluding virtual assets.
"Device" refers to a device that allows the user to download or install content and use the Company's services, including but not limited to mobile phones, TVs, smartwatches, and digital devices.
"Service" refers to all services provided by the Company through SuperWalk for users to access and use content.
"Virtual Assets" collectively refers to tokens, accounts, coupons, points, titles, items, NFTs, and other assets that users can acquire, use, transfer, or dispose of through the services.
Article 3: Effect, Application, and Amendment of the Terms
β By using the SuperWalk mobile app operated by the Company, the user is considered to have agreed to comply with these terms and conditions and to comply with all relevant laws and regulations.
If the user does not agree to these terms and conditions, access to other services provided by SuperWalker Limited, app usage, website access, etc., is prohibited. If the user (1) downloads SuperWalk from the Apple App Store or (2) downloads SuperWalk from the Google Play Store, the user must also comply with the terms of use of the respective store, Google's app usage terms, and Google's company usage terms.
Notice Regarding Apple
If you use SuperWalk on iOS devices or access it, you are considered to have agreed to and recognized this clause. You acknowledge that these Terms of Service are an agreement between you and the Company, not with Apple Inc. (Apple), and Apple is not responsible for SuperWalk or the services provided by SuperWalk.
Apple is not obligated to provide maintenance or support services for SuperWalk.
If SuperWalk does not comply with applicable warranties, you may notify Apple, and Apple will refund you the purchase price of the mobile application to the extent permitted by applicable law. To the maximum extent permitted by applicable law, Apple assumes no responsibility for SuperWalk and any claims, losses, liabilities, costs, or expenses arising out of or in connection with the failure to comply with any warranty. Apple is not responsible for any claims, product liability claims, or any claims, losses, liabilities, costs, or expenses arising out of or in connection with SuperWalk use by you or a third party, including but not limited to claims arising under consumer protection or similar laws.
Apple is not responsible for investigating, defending, settling, or resolving any claims, including but not limited to any claims that SuperWalk infringes on third-party intellectual property rights.
You agree to comply with applicable third-party terms, including the service usage rules of the Apple App Store agreement.
Apple and its subsidiaries are third-party beneficiaries of these Terms of Service, and by accepting these Terms of Service, Apple has the right to enforce these Terms of Service against you as a third-party beneficiary.
You represent and warrant that (1) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and (2) you are not listed on any U.S. government list of prohibited or restricted parties.
β‘ The Company may amend these terms and conditions within the scope not violating related laws and regulations.
β’ If deemed necessary, the Company may change these terms and conditions. When the terms and conditions are changed, the Company will notify users through in-app announcements or pop-ups at least 7 days prior to the effective date, along with the effective date and reason for the change. However, in the case of changes that significantly affect the rights and obligations of users, the Company will provide individual notice through email at least 30 days before the effective date.
β£ Users have the right to reject the amended terms and conditions. Users who object to changes in these terms and conditions may discontinue using the service and terminate the usage agreement (withdrawal).
β€ Even if the Company has notified users of the amended terms and conditions through announcements or individual notices and users do not express their objection to the changes within 7 days (30 days in cases where the changes are unfavorable or significant), it will be considered that users have agreed to the changes in the terms and conditions. Users who have expressed their refusal to accept the changes may choose to terminate the contract or withdraw from membership.
Article 4: Supplementary Provisions
For matters not specified in these terms and conditions, separate terms and policies may be established, and these terms and policies will be subject to relevant laws and regulations.
Chapter 2: Service Agreement
Article 5: Conclusion of the Service Agreement
β The service agreement is established when the user agrees to the content of these terms and conditions, applies for service use, and the Company accepts the application.
β‘ The Company generally approves service use applications from users. However, the Company may not approve or may terminate the service agreement for applications falling under the following subparagraphs:
Cases where the application contains false, omitted, or incorrect information.
Cases where the user is using a false name or someone else's name.
Cases where false information is provided or where the information requested by the Company is not provided.
Cases where the user has previously lost user qualifications (except in cases where the user has been approved by the Company for re-application after losing qualifications).
Cases where a user who has received user qualification suspension measures from the Company applies for re-use during the suspension period.
Applications by users under the age of 14.
Cases where the application violates these terms and conditions, is unlawful, or is considered by the Company to be contrary to social norms and public order, based on relevant laws, and other criteria set by the Company.
β’ The Company may postpone approval if there is no available capacity for service-related facilities or if there are technical or business issues.
β£ Users must provide truthful information without false information when using the service, and the Company may request additional information from users as needed to provide the service.
Article 6: Protection and Use of Personal Information
The Company makes efforts to protect the user's personal information in accordance with relevant laws and complies with related laws and the Company's privacy policy regarding the protection and use of personal information. However, the Company's privacy policy does not apply to linked sites other than the Company's official website.
Article 7: Management and Modification of Personal Information
Users are responsible for managing their personal information diligently for the use of this service, and they must update it when there are changes. Any damages incurred due to delayed or omitted changes to personal information are the user's responsibility.
Chapter 3: Obligations of Contracting Parties
Article 8: Company's Obligations
The Company does not engage in acts prohibited by relevant laws and these terms and conditions and makes continuous and best efforts to provide services stably.
Article 9: User's Obligations
β Users must comply with the provisions in these terms and conditions, other regulations established by the Company, and notices posted by the Company. Users must not engage in acts that disrupt the Company's business or damage the Company's reputation.
β‘ Users must comply with relevant laws while using the service. If users violate relevant laws, they will be subject to penalties under those laws.
β’ Users may not conduct business activities using the service without the Company's prior approval. If users engage in such business activities and cause damage to the Company, the Company may take measures to restrict service usage and claim damages through appropriate procedures in accordance with Article 17, Paragraph 2 of these terms and conditions.
Article 10: Information Provision and Advertisement Display
β The Company may display advertisements to maintain the service, and users agree to the display of advertisements when using the service.
β‘ The Company shall not be liable for any losses or damages resulting from user participation, communication, or transactions with third-party advertisements presented in accordance with paragraph 1.
β’ For the purpose of improving the service and introducing services to users, the Company may request additional information from users, and users may choose to accept or reject such requests.
β£ The Company may use the personal information collected from users with their prior consent to provide advertisements as mentioned in paragraph 1 and information as mentioned in paragraph 3. Users may refuse to receive such information at any time if they do not wish to receive it.
Chapter 4: General Provisions of the Service
Article 11: Content of the Service
β The company provides the following services:
All services provided within SuperWalk, including step counting, reward points and token distribution based on step count, and the exchange of points and tokens.
β‘ The service usage agreement is considered to be established at the time when the user agrees to these terms and conditions, downloads the Company's content, or uses the content through a network. However, for some services, the Company may start providing services from a specified date according to the Company's needs.
β’ The Company may provide users with additional services, including services specified in these terms and conditions, as well as other supplementary services, while providing the service.
β£ Some services may be provided for a fee.
β€ The Company may request a separate agreement from users for services that require it. After users agree to the terms of such services and the Company approves them, users can use the services.
Article 12: Provision of Services
The Company provides services 24 hours a day, 365 days a year, as a general rule, without special hindrance due to business or technical reasons. However, in cases such as regular system maintenance, server expansion or replacement, network instability, etc., which are considered necessary for operation, the Company may temporarily suspend the service for a certain period, and in such cases, the Company will provide advance notice on the initial screen of each service.
Despite the provisions of Paragraph 1, the Company may temporarily restrict or suspend the service without prior notice due to urgent and unavoidable reasons. In this case, the Company may notify users of this afterward.
The Company may conduct regular maintenance if necessary for stable service provision. The schedule and time of regular maintenance will be announced on the initial screen of each service or in the content's notices.
If the Company deems it impossible to provide normal service due to situations beyond its control, such as war, civil war, natural disasters, or national emergencies equivalent thereto, power outages, service facility failures, or service usage overload, the Company may suspend all or part of the service. In this case, the Company will notify users of the reasons and duration in advance or afterward on the initial screen of each service or in the content's notices.
The Company may provide the service through dedicated applications or networks for devices, and users can download and install the application or use the service through the network.
Article 13: Accumulation and Use of Points
The Company may provide users with points based on the user's service usage.
The methods for accumulating points provided by the Company to users are as follows. However, the point accumulation methods may change depending on the Company's circumstances.
The Company may adjust some or all of the points provided in the service after prior notice for efficient service usage and operation, and points may be modified, suspended, changed, or deleted based on the Company's policies and operational requirements.
The conversion rate of points to affiliated company products or coupons may vary depending on the affiliated company's product or coupon. Benefits such as mobile gift certificates, gift cards, exchange coupons, and coupons are considered legally fulfilled when the barcode is transmitted through the user's mobile device or SuperWalk.
Once points are converted into affiliated company products or coupons, they cannot be reconverted, refunded, canceled, and benefits such as mobile gift certificates, gift cards, exchange coupons, and coupons cannot be refunded, reissued, or extended.
If the responsibility for a dispute related to using the benefits provided by an affiliated company lies with the affiliated company, the Company will not be liable unless there is intent or negligence.
In cases where payment problems occur during the transaction process between the Company and affiliated companies for reasons not attributed to the Company, such as bankruptcy or insolvency of the affiliated company, the Company may cancel the affiliated company's product or coupon, and the Company will not be liable for such cases.
The Company will not return points used by the user, and if it is confirmed that the user has accumulated or used points through fraudulent means, the Company may take actions such as reclaiming the acquired points, suspending activities, and taking legal actions.
Users can check the accumulated points within SuperWalk.
In cases where the points recorded on the Company's server differ from the points displayed within the user's service app due to asynchronous updates between the Company's server and the user's app, the points recorded on the Company's server will take precedence, and the Company will not compensate for any points difference caused by asynchronous updates.
The expiration date for point accumulation is one year from the date of accumulation, and points that have expired will be automatically deleted.
Points that have not been accumulated or used for more than three months by the user will be automatically deleted.
When a user withdraws from the service or loses user qualifications, the points will be automatically deleted.
If an error occurs in point accumulation, the user may request correction to the Company within 30 days from the date of the error, and if the Company confirms that the request is valid, it will correct it within 30 days from the date of the request.
Article 14: Token Exchange
Users can perform actions to exchange their tokens through liquidity pools created on the blockchain. However, users must be aware of the risks that may arise from such actions and carry out all transactions at their own discretion and responsibility.
The company provides a token exchange service using liquidity pools created on decentralized exchanges where execution authority for the protocol is not granted to any specific entity. This is done without individual review or control processes by the company. All transactions through token exchange are carried out at the discretion and responsibility of the user. Users must carefully consider the details of each token, including token information, the token issuer (foundation), and the profit or risk factors associated with the transaction before proceeding with token exchange.
In Token Exchange, the price of each token is determined by the exchange rate within the pool where the token pair is deposited. Prices displayed in the company's Token Exchange service are not guaranteed to match the prices on other exchanges, and they may vary. The Token Exchange service is equipped with safety measures to ensure that transactions are executed within a certain range of the exchange rate at the time of execution to minimize potential losses due to significant fluctuations. However, users must always confirm the applicable exchange rate before proceeding with Token Exchange.
The company is not responsible for any loss of assets or property incurred by users who did not achieve the expected profit using the Token Exchange service or due to inherent risks associated with transactions.
Users must carefully evaluate and consider the risk of potential losses due to fluctuations in profit, token and coin prices, and exchange rates before using the service.
Users are responsible for accurately entering deposit addresses or memos during asset deposits, and failing to enter or entering them incorrectly may result in asset loss. The company is not responsible for asset loss due to such mistakes.
Content and information provided by the company, including expected return rates, current token and coin prices, are supplementary materials to assist users in using services, including Token Exchange. They are not a solicitation or implication for investment and trading. The company makes reasonable efforts to provide timely and accurate information but does not guarantee the timeliness, suitability, or accuracy of such information.
The company does not guarantee the functionality and continuity of the features and services used in Token Exchange. Functions provided by the company may be added or permanently removed at specific points in time, and the service may be interrupted or modified (in cases of permanent feature deletion or service interruption, users affected will be notified in advance with information on how to handle the situation).
The company is not responsible for third-party services, including blockchain platforms used by the service.
The development and updates of the service follow a process based on distributed consensus. Developers and participants in the service do not make direct or indirect agreements or guarantees regarding related protocols, code, services, etc., within the limits allowed by the law.
The service is an application designed to interact directly with the blockchain using automated smart contract code to provide a secure and transparent service opportunity. However, due to the complexity of software and the inherent limitations of technology, the integrity of the code cannot be guaranteed.
Errors may exist in smart contract and general code used in the service, and there is a risk of capital loss due to hacking and asset theft using such errors.
The company makes its best efforts to maintain the latest blockchain synchronization, but in the event of force majeure, irresistible circumstances, network failures, server checks (regular checks, ad hoc checks, emergency checks, etc.), transaction congestion on each blockchain, computer system errors, software attacks, or other force majeure situations, the service may be suspended or terminated without prior notice, and 24-hour service provision is not guaranteed.
In such problematic situations, errors in numerical values displayed in the service, temporary service unavailability, connection errors, and interruptions may occur. During such times, users may experience delays and transaction failures in the intended service usage and Token Exchange transactions.
To the extent permitted by law, in the event of the occurrence of such situations, the company will not be liable if there is no intent or gross negligence on the part of the company.
Article 15: Service Modification and Termination
The company may change the services being provided for operational or technical reasons. Details of the modified services and the date of provision will be notified to users in advance on the initial screen of the service. However, in cases where the company cannot provide prior notice due to critical bugs, server equipment failures, or urgent security issues, notifications may be made after the fact.
The company may discontinue the provision of all or part of the services if necessary due to changes in market conditions, technical requirements, a decrease in individual service user preferences, or other service planning, operation-related, or urgent situations of the company. The company will provide notice of this discontinuation on the initial screen of each service or through announcements within the content 30 days in advance. Users cannot request refunds or compensation for unused paid flat-rate or subscription paid items or items that have already expired when the service is terminated.
The company may restrict or terminate all or part of the services in the following cases:
The company is not responsible for problems arising from changes and termination of services that are not the result of the company's intent or negligence.
Article 16: Restrictions on Service Use
β Users shall not engage in the following actions, and if they do, the company may take measures such as restricting the user's service use, deleting related information (posts, photos, videos, etc.), or other actions, in accordance with the procedures of Article 17, paragraph 2.
Providing false information or registering false information in various applications, changes, or registrations, or engaging in actions to deceive others.
Acts of identity theft of others.
Renting or sharing one's account with others.
Modifying company programs or hacking company servers or arbitrarily changing a portion or all of the website or posted information, or using company services in abnormal ways without obtaining special rights from the company.
Exploiting bugs in company programs or transmitting, posting, or distributing computer viruses or data that are intended to interfere with or disrupt the normal operation of computer software, hardware, or electronic communication equipment or other information, or taking actions to cause confusion.
Blocking or circumventing advertisements within the service according to Article 10, paragraph 1, using abnormal methods of operation or devices, or interfering with the normal operation of the service.
Transmitting advertisements against the recipient's explicit refusal or information prohibited from transmission or posting by law.
Engaging in activities such as obtaining, transferring, or trading steps or cyber assets using methods that are not legitimate and do not involve actual physical activity.
Harming the service or interfering with its normal operation on purpose.
Engaging in business activities without prior approval from the company using the service.
Replicating information obtained through the service for purposes other than service use, such as reproduction, publication, and broadcasting, or providing it to third parties without the company's prior approval.
Transmitting, posting, or otherwise distributing information, sentences, images, sounds, videos, etc., that violate relevant laws and regulations, or data that is intended to interfere with the normal operation of computer software, hardware, or electronic communication equipment, or distributing material that includes software viruses, etc.
Transmitting, posting, or otherwise distributing information that may infringe upon the rights of others, such as patents, trademarks, trade secrets, copyrights, and other intellectual property rights, without permission.
Transmitting, posting, or otherwise distributing obscene information that violates the Youth Protection Act or laws.
Transmitting, posting, or otherwise distributing information that may harm or infringe upon the honor or privacy of others.
Harassing or threatening other users, or persistently causing pain or inconvenience to specific users.
Transmitting, posting, or otherwise distributing information containing sexually explicit or obscene content, or linking to obscene sites without permission.
Collecting or storing other users' personal information without the company's approval.
Impersonating company employees or administrators, or pretending to be others, or using someone else's name to post messages or send emails.
Actions that are objectively deemed to be associated with crimes.
Using multiple accounts of one user or using someone else's name for an account.
Other actions that violate relevant laws and service policies.
β‘ If users cause damage to the company due to the prohibited actions in paragraph 1, they shall be responsible for any damages incurred.
Article 17: Termination of Agreement and Suspension of Service Use, etc.
β Users may terminate the contract at any time by withdrawing from the membership if they do not wish to use the service. Withdrawal is processed immediately, and upon withdrawal, users will lose access to their content and cyber assets, and any use, transfer, or disposal will become impossible.
β‘ If a user violates the following items, Article 9, Article 16, paragraph 1, or the operational policies separately specified for each service, the company may terminate the service contract or suspend the service for a specified period as follows. In this case, after granting a reasonable period for the user to apply for an objection or correction through the procedure specified by the company, the company will notify the user by email if the reason is not justified or corrected. However, except for cases of termination of the service contract, the company may provide post-notification in cases where objective and urgent suspension of use is required (for example, cases where there is a direct or likely impact on the value of other users' cyber assets or violations of current laws and regulations). In the event of a conflict between the provisions of this article and the provisions of Article 16, paragraph 1, the provisions of this article shall take precedence.
Classification | Detailed Description | 1st violation | 2nd violation | 3rd violation |
---|---|---|---|---|
Abusive behavior | (1) Simultaneously measuring and generating multiple exercise records through multiple accounts or multiple devices. (2) Recording the number of steps or acquiring cyber assets by creating movement through external forces such as mechanical devices, rather than actual physical activity. | Permanent account suspension | ||
Disruption of service operation | (1) Impersonating the company, its employees, representatives, or administrators. (2) Spreading false information, causing confusion to other users through unethical means, and disrupting the operation of the company's services. If significant harm is caused to multiple users or severe harm to a specific user, permanent suspension of service (permanent ban) may be imposed as a first-level sanction. | 30-day account suspension | 90-day account suspension | Permanent account suspension |
Inappropriate nickname usage | Creating discomfort for others by using inappropriate or offensive nicknames. | Warning(including nickname change) | 7-day account suspension (including nickname change) | 15-day account suspension (including nickname change) |
Unauthorized program creation / usage / promotion | (1) Engaging in the creation, usage, or distribution of unauthorized computer programs or devices (referred to as "illegal programs") that bypass or disrupt the technical protection measures of the service or interfere with its normal operation. (2) Modifying the programs provided by the company for the service or utilizing modified programs to exploit the service in an abnormal manner. (3) Widely publicizing, distributing, or facilitating the dissemination of illegal programs or their methods of use to specific individuals or a broad audience. | Permanent account suspension | ||
Exploitation of bugs and restrictions | (1) Exploiting service errors to gain personal benefits or cause harm to others. (2) Exploiting service errors that have an impact on the ecosystem. | Permanent account suspension | ||
Illicit trading | The act of acquiring, transferring, or trading cyber assets through methods not allowed by the service. | 30-day account suspension | 90-day account suspension | Permanent account suspension |
Account hijacking | Disclosing or distributing another user's personal information without their consent. | Permanent account suspension | ||
Personal information leakage | Disclosing or distributing another user's personal information without their consent. | Permanent account suspension | ||
False registration and usage of personal information | The act of providing false personal information in account details or persistently using outdated information without making necessary updates. β» If your account is restricted due to registering someone else's information, you can have the account restriction lifted after undergoing an identity verification process. | Permanent account suspension | ||
Attempted fraud | Engaging in an attempt to commit 'fraud' under criminal law. β» In the case of attempting 'fraud' by impersonating an administrator or company employee, a first offense may result in 'permanent suspension of use' as a sanction. | 30-day account suspension | 90-day account suspension | Permanent account suspension |
Illegal activities | Involvement in money laundering, unfair trading, criminal activities, or any actions reasonably suspected to violate the law. | Permanent account suspension |
β» In cases of repeated policy violations or illegal activities that seriously impact the ecosystem within the service, service usage for all accounts under the same name may be permanently restricted.
β’ In cases where a user's service usage is suspended for a certain period due to reasons attributable to the user, such as violations of the terms and conditions as mentioned in paragraph 2, during the said period, the user may be restricted from accessing their cyber assets. The company shall not be held responsible for any losses incurred due to fluctuations in the price of cyber assets held by the user during this period.
β£ In cases where the user's service usage is terminated or permanently restricted in accordance with paragraph 2 due to reasons attributable to the user, the user will no longer have access to their cyber assets, and the company shall not bear any responsibility towards the user.
Chapter 5. Indemnification and Disclaimer
Article 18. Indemnification
The Company shall not be liable for any damages incurred by the User in connection with the use of the Service provided by the Company, unless there is willful misconduct or negligence on the part of the Company.
If a User violates the provisions of these Terms, and as a result, the Company incurs damages, the User who violated these Terms shall be responsible for compensating the Company for all damages incurred.
If a User engages in illegal activities or violations of these Terms while using the Service, and as a result, the Company is subject to various claims for damages, lawsuits, or other disputes from third parties other than the User, the User shall indemnify and hold the Company harmless at their own expense. If the Company is not exempted, the User shall be responsible for compensating the Company for all damages incurred.
In the event that the Company enters into a partnership agreement with a third-party service provider and provides individual services to Users, and if damages occur due to the fault of the individual service provider after the User has agreed to the terms of use of the individual service, the individual service provider shall be responsible for the relevant damages.
Article 19. Exemption Clause
The Company shall be exempt from liability for providing services in case of force majeure or events equivalent to force majeure that prevent the provision of services.
The Company shall be exempt from liability for damages caused by unavoidable reasons such as maintenance, replacement, regular inspections, construction, etc. of the service equipment without willful misconduct or negligence on the part of the Company.
The Company shall be exempt from liability for service interruptions caused by reasons attributable to the User. However, this shall not apply in cases where there is unavoidable or justifiable reason on the part of the User.
The Company shall be exempt from liability if damages occur due to the interruption of network services or the failure to provide services properly by mobile communication service providers, unless there is willful misconduct or negligence on the part of the Company.
The Company shall not be held responsible for any problems caused by the User's device environment or issues arising from the network environment without fault on the part of the Company.
The Company shall not be responsible for the reliability, accuracy, or content of the information, data, or facts posted by the User in the course of using the Service, unless there is willful misconduct or negligence on the part of the Company.
The Company shall not be responsible for any issues or losses arising from transactions between Users.
The Company shall not be responsible for inaccurate or undisclosed personal information provided by the User.
The Company shall not be responsible for any failure by the User to achieve the expected benefits or any losses incurred.
The Company shall not be responsible for the deletion of content information held by the User as a result of the User's withdrawal in accordance with Article 17, paragraph 1.
Article 20. Jurisdiction and Governing Law
Any disputes between the Company and the User arising in connection with the use of the Service shall be resolved amicably by agreement between the parties.
Any matters not specified in these Terms shall be governed by the relevant laws and regulations.
In the event that a lawsuit is filed regarding disputes arising from the use of the Service, the court shall be the competent court in accordance with the procedures prescribed by law.
<Supplementary Provision> These Terms shall be effective from [October 27], 2023.
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