SmileMe Terms of Service
Chapter 1: General Provisions
Article 1 (Purpose)
These Terms and Conditions stipulate the basic matters such as the rights, obligations, and responsibilities between the member and the company and the conditions and procedures for using the SmileMe service provided by the Korean corporation Danal Entertainment Co., Ltd. (hereinafter referred to as the “Company”).
Article 2 (Definition of Terms)
① The definitions of terms used in these Terms and Conditions are as follows
1. SmileMe: Refers to the application (iOS/Android) developed by the Company to enable members to trade goods or services using information and communication facilities such as computers.
2. Service: Refers to the service the Company provides that members can use, regardless of the implemented terminal, which includes all related services, both paid and free.
3. Paid Service: Refers to various services provided by the Company or the seller with charge, as well as all associated services accompanying the payment and use of online digital content.
4. Member: Refers to a person who accesses SmileMe to use the service and agrees to these Terms and Conditions or goes through other procedures requested by the Company to use the paid or free service.
5. Nickname: Refers to a combination of letters or letters and numbers set by the member and approved by the Company to use the service, which the Company uses to identify the member.
6. Smiler: Refers to a person who signs a separate contract with the Company and wishes to sell digital content to members through the Company’s paid service, also referred to as a seller.
7. Product: Refers to stickers, emoticons, notification sounds, wallpapers, profile decorating items, fonts, etc., created by combining the digital content provided by the Company with the Smiler's digital content.
8. Digital Content: Refers to contents or information produced or processed in electronic form to increase user utility, made in forms such as stickers, images, videos, pictures, voices, sounds, music, fonts, texts, documents, symbols, names, pseudonyms, and portraits.
9. Physical Product: Refers to offline goods (e.g., dolls, blankets, cushions, etc.) that can be purchased in the market. It also includes tangible products created through the Company’s physical product production service based on digital content and coupon-type products that can be exchanged for physical items.
10. Market: Refers to the sales service page launched by the Company to enable members to trade goods or services using information and communication facilities such as computers.
11. Payment: Refers to paying monetary compensation to the Company through the means provided by SmileMe (including In-App payment functions) to use the paid service.
12. In-App Payment: Refers to making a payment using the payment system provided by the store operator within the SmileMe service.
13. Store Operator: Refers to an operator with facilities for distributing content, such as application stores, online networks, mobile payments, etc., and enables the Company to provide services.
14. Refund: Refers to the cancellation of the payment details for each payment method used at the time of payment and In-App payment through the member’s cancellation, termination, or cancellation of the paid service use contract.
15. SmileMe Points: Refers to electronic payment that members receive in return for agreeing, contracting, and fulfilling conditions in events, promotions, or other transactions conducted by the Company or a third party, which can be used in SmileMe. The details are governed by Article 13 of these Terms and Conditions.
16. Smile: Refers to the currency unit used to purchase digital content within the SmileMe service. For details, please refer to Article 14 of these terms and conditions.
② Definitions of terms not specified in Paragraph 1 are subject to relevant laws and service guides.
Article 3 (Effect and Change of Terms and Conditions)
① The contents of these Terms and Conditions are posted on the service screen or notified in other ways so that members can easily understand them, and all members who agree to these Terms and Conditions are subject to their effect.
② The Company may change these Terms and Conditions within the scope that does not violate the relevant laws such as the Act on the Regulation of Terms and Conditions, the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization, Information Protection, etc.
③ In the event of changes to these Terms and Conditions, the Company will notify or inform members 7 days before the effective date about the changes with a specific application date and reasons, along with the current Terms and Conditions, on the service notice board or in the appropriate places. However, if the changes are unfavorable to members, they will be notified 30 days before the application date by sending the revised Terms and Conditions to the email or SMS registered during service sign-up.
④ If the member does not explicitly express their intention to reject the changed terms and conditions, the changed terms and conditions are deemed to have been approved.
⑤ Members who disagree with the revised Terms and Conditions can stop using the service and terminate the contract.
⑥ Members must pay attention to changes in the Terms and Conditions. The Company will not be responsible for any damage caused to members due to unawareness of the changed Terms and Conditions.
Article 4 (Supplementary Provisions)
① The Company may establish separate operational policies (regardless of the names such as policies, guidelines, etc.) for the maintenance of the service and the protection of rights holders, and shall post these policies within the service. These operational policies form part of these Terms and Conditions, and members must check and comply with the operational policies set by the Company. The operational policies of the Company may change from time to time.
② Matters not specified or interpretations of these Terms and Conditions shall be governed by the provisions of relevant laws such as the "Act on the Promotion of the Content Industry", "Act on Consumer Protection in Electronic Commerce, etc.", "Copyright Act", and operational policies established by the Company.
Article 5 (Notification to Members)
① Using the information registered by the member at service sign-up, the Company may notify information through email, SMS, popup screens within the service, etc.
② In case of notifying an unspecified number of members or if individual notification is difficult due to non-registration or changes in the member's contact information, and if the notification is returned more than twice to the contact information registered by the member, the notification can be substituted to be posted on the service notice board, etc., for more than 15 days.
③ The Company is not responsible for any damage to members or others caused by members not receiving the notification due to not modifying their information.
Chapter 2: Service Use Agreement
Article 6 (Establishment of the Use Agreement, etc.)
① The use agreement is established when the applicant agrees to the content of these Terms and Conditions and the privacy policy, and the Company accepts the application. However, in such applications, the Company may require the applicant to verify their identity using methods such as SNS, email, or mobile phone verification.
② When the applicant checks [Agree] during the application stage and completes the verification process in the preceding paragraph, they are deemed to have agreed to these Terms and Conditions and the privacy policy.
③ The acceptance mentioned in Paragraph 1 is notified by posting a statement of acceptance of use, such as [Registration Complete], on the relevant service screen.
Article 7 (Method of Application)
During the membership sign-up stage, applications for use are required to fill out the registration form with the following information:
1. Social account
2. Email
3. Mobile phone number
4. Nickname
5. Other information deemed necessary by the Company
Article 8 (Acceptance of Application)
① The Company accepts the application for service use for customers who have accurately filled out the information specified in Article 7.
② The Company accepts applications for service use in the order they are received, as long as there are no business or technical impediments. The service use contract between the Company and the member is established when the Company’s acceptance reaches the member.
Article 9 (Restrictions on Acceptance of Application)
① The Company may restrict or defer acceptance if any of the following conditions apply
1. If the applicant is under 14 years old. Specifics for overseas users are as follows
A. If the applicant resides in the European Union and is under 16 years old.
B. If the applicant resides outside South Korea and the European Union and is under 13 years old.
2. If the application is made using a pseudonym or another person's identity.
3. If false or incorrect information is provided, or required details as stipulated by the Company are omitted.
4. If providing the service is not feasible due to operational or technical reasons.
5. If the membership registration details are omitted, misstated, or falsely documented.
6. If a member, who has been suspended, applies for re-registration during the suspension period after terminating the contract.
7. If re-registration is determined by the Company to be an abuse of provided benefits.
8. If the applicant has previously been disqualified from membership, except those who have been disqualified for more than 30 days.
9. If the application is made with a fraudulent intent to misuse the service.
10. If other application requirements set by the Company are not met.
② If any of the reasons listed in the preceding paragraph are discovered after the acceptance of the application, the Company may terminate or suspend the service contract in accordance with these Terms and Conditions.
Chapter 3: Service Use
Article 10 (Provision of Services)
① The service is provided 24 hours a day, year-round. However, it may be temporarily suspended for reasons specified in Article 12.
② The Company may conduct regular inspections as necessary for providing the service, and the regular inspection times will be announced separately on the service provision screen.
③ The Company may categorize members by grade according to its policies, subdivide service menus, or differentiate usage times for each subdivided range, and will notify the members of such changes.
④ Products provided by SmileMe may be updated and changed regularly or irregularly, and each product may be excluded from the service without prior notice according to the circumstances of the Smiler or the Company's policies. The Company does not guarantee such changes or restrictions on using individual products and bears no responsibility.
⑤ The Company provides a service that generates content using the camera. Some of this content may include functions that use the user's facial recognition information to generate and provide content results.
⑥ The Company offers various services, including an AI sticker recommendation feature that automatically recognizes the member's facial expressions and recommends stickers. The details of these features may vary depending on each member's device and OS version, and their usage may be restricted according to the Company's policies. The Company may collect and use members' service usage records to provide better functions.
⑦ Digital content or products created by the member are stored only on the member's device. Therefore, when changing devices, the digital content or products in the [Creation Storage] are not automatically synchronized, and even if the same device is used, the digital content or products in the [Creation Storage] will be immediately deleted if the application is deleted and will not be restored even if the application is reinstalled. However, this does not apply to products uploaded to the market by the member.Services are generally available 24 hours a day, 365 days a year, although they may be temporarily suspended for reasons set forth in Article 12.
Article 11 (Service Changes)
① The Company may change any or all services due to operational, technical needs, or policy changes.
② The Company may revise, suspend, or modify the license regulations for content, paid service structures, and methods of usage, whether provided for free or for a fee, as necessary for operational and policy needs.
③ In the event of any changes, information relevant to the changes will be posted on the initial service screen or notified to the members as outlined in Article 5. However, if the changes are substantial or disadvantageous to the members, the Company will further notify the members and seek their consent.
Article 12 (Service Suspension)
① The Company may temporarily restrict or suspend all or part of the service in the following cases
1. For unavoidable reasons such as maintenance, inspection, replacement, or breakdown of service equipment, interruption of communication, or construction.
2. If a member repeatedly subscribes and cancels specific services within a certain period, thereby disrupting the Company's normal operations.
3. In case of a power failure, malfunction of infrastructure, or surge in usage that affects the normal use of services.
4. If it is not feasible to maintain the service due to termination of a contract with a service provider or due to other company-specific reasons.
5. In case of force majeure situations beyond the Company's control such as natural disasters, national emergencies, or administrative or judicial orders.
② If there is a service suspension as described in paragraph 1, the Company will notify members according to the procedures outlined in Article 5. However, if prior notification is impractical or urgent, subsequent notification may be issued.
③ For members who do not consent to the proposed service changes, the Company will continue to provide the service as before the changes. If providing the service as before becomes impractical, the Company may suspend the provision of that particular service or terminate the contract for that part only.
④ The Company is not liable for suspending service provision or limiting service performance under these terms.
Article 13 (SmileMe Points)
① SmileMe Points are awarded to members for free according to the procedures and methods set by the Company through its policies and events. These points cannot be withdrawn as cash and can only be used according to the terms and methods specified by the Company. If a member violates these terms, the Company may revoke or extinguish the SmileMe Points or suspend the member's privileges.
② Members can use SmileMe Points as a payment method when purchasing physical products, with 1 point being equivalent to 1 KRW (Korean Won) based on the average final exchange rate of the day as published by Hana Bank. The agreement to use SmileMe Points is established when the member indicates their consent to these terms and conditions in the manner prescribed by the company.
③ SmileMe Points are used in the order of their earliest expiration date. Unused SmileMe Points expire upon the termination of the service contract due to reasons such as member withdrawal or expiration of the validity period and are not restored.
④ The validity period for SmileMe Points is 180 days from the date of accrual, after which they automatically expire. However, for SmileMe Points refunded due to withdrawal of a subscription, the validity period is calculated based on the original date of accrual (unless the Company specifies a different period).
⑤ SmileMe Points cannot be transferred to another person and must not be used for illicit purposes. If it is found that SmileMe Points have been acquired or used through fraudulent means, the Company may take actions such as revoking or extinguishing the points, deleting the account, or pursuing criminal charges.
⑥ The Company may adjust all or part of the points with prior notice for efficient use and operation of the service.
Article 14 (Smile)
① Smile is the currency unit used to purchase digital content within the SmileMe service. Since payments are automatically processed in the currency of the country where the member resides during In-App purchases, there is no separate recharge function.
② One Smile is equivalent to 1 KRW (Korean Won), and the final payment amount is determined based on the exchange rate provided by the store operator when the member uses Smile to purchase digital content.
③ The contract for using Smile is established when the member agrees to these terms and conditions in the manner prescribed by the company.
④ The company may adjust the Smile currency unit and usage conditions with prior notice for the efficient use and operation of the service.
Chapter 4: Use of Paid Services
Article 15 (Use of Paid Services)
① To use the paid services, members must agree to these Terms and Conditions and pay the usage fee according to the conditions of the specific paid service.
② The Company provides paid services in the manner agreed upon through separate contracts with rights holders and as stipulated in the SmileMe Terms of Use, and the types and fees of the services are detailed on each service's page.
③ Paid services are provided based on the SmileMe account logged in at the time of payment, not the device used to make the payment.
④ The Company may offer parts of paid services for free, and the terms of use for paid services still apply in these cases.
Article 16 (Posting of Paid Service Details)
① The Company shall display the following items in an easily understandable manner on the initial screen of the paid service or in the FAQ
1. Name or title of the paid service
2. Name, address, and telephone number of the producer/provider of the paid service (in the case of a corporation, the name of the corporation)
3. Contents, usage methods, fees, and other usage conditions of the paid service
② The minimum technical specifications required for the use of the Company's paid services are in accordance with the recommended specifications.
③ The Company provides information on the conditions and procedures for the exchange, return, warranty, and refund of the paid service fees.
Article 17 (Establishment of the Paid Service Use Agreement)
① The paid service use agreement is established when the member applies for use according to the following or similar procedures, and the Company accepts it. The Company provides information so that the member can accurately understand and trade without error or mistake before concluding the paid service use agreement.
1. Confirmation and selection of the paid service
2. Selection of payment method and input of payment information
3. Confirmation of the application for the paid service or consent to the Company's confirmation.
② The agreement is considered established when the Company displays [Purchase Complete] on the relevant service screen.
Article 18 (Right of Withdrawal)
① Members can withdraw their subscription for a paid service within 7 days from the date of payment under these Terms and Conditions. However, if the Company provides the paid service differently from what was agreed upon with the member or fails to provide it, the member may withdraw the subscription within 3 months from the date of payment or within 30 days from the day they became aware or could have been aware of such fact.
② The withdrawal of digital content and products as part of paid services shall primarily be governed by Article 23.
③ The withdrawal of subscriptions involving physical goods within the paid services shall primarily be governed by Article 30 and Article 31.
④ Members cannot withdraw their subscription against the Company's consent under the following circumstances. However, in contracts involving divisible content, this does not apply to the parts of the content that do not fall under the following circumstances
1. Digital content that is used or applied immediately upon purchase.
2. Digital content where additional benefits have been used.
3. Digital content that is considered used upon opening or whose utility is determined at the point of opening.
⑤ The Company clearly displays facts that prevent the withdrawal of digital content where withdrawal is not possible at an easily visible location and provides trial versions of such digital content (allowing temporary use, providing demos, etc.), or, if providing such is difficult, provides information about the content so that the member's right to withdraw is not hindered. If the Company does not take these measures, members can still withdraw their subscription despite the restrictions mentioned in the previous clause.
⑥ For services or digital content where withdrawal is not possible, the Company takes the following measures
1. Includes a notice that withdrawal of the paid service is not possible.
2. Provides trial products or methods for temporary or partial use.
⑦ Withdrawal and refund requests can be made through the menu provided in each paid service or via [Contact Us], and the Company shall refund the payment for the paid service received within 3 business days from the date of withdrawal by the member. If the Company delays the refund of the paid service to the member, it shall pay interest calculated by multiplying the delayed period by the delay interest rate stipulated by the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.
⑧ If the member received SmileMe points from the Company as part of the payment for the paid service, these points will be retracted upon withdrawal of the subscription for that paid service.
Article 19 (Overpayment)
① In case of overpayment, the Company refunds the full amount of the overpayment using the same payment method as the usage fee. However, if a refund is not possible using the same method, the Company can process the refund by account transfer or crediting SmileMe Points, and in such cases, the Company notifies the member in advance.
② If the overpayment is caused by the Company's fault, the Company refunds the full amount of the overpayment regardless of contract costs, fees, etc. However, if the overpayment is caused by the member's fault, the member bears the cost incurred by the Company for refunding the overpayment within a reasonable range.
③ If the Company refuses to refund the overpayment claimed by the member, it has the responsibility to prove that the usage fee was correctly charged.
④ The Company handles the refund procedure for overpayment according to the relevant laws.
Article 20 (Special Provisions for Minors)
① If a minor enters into a paid service use agreement or a physical product purchase agreement on a mobile device without the consent of their legal representative, the Company informs that the minor or the legal representative can cancel the contract. If a minor enters into a paid service use agreement or a physical product purchase agreement without the consent of the legal representative, the minor or the legal representative can cancel the contract with the Company. However, if a minor purchases goods with property permitted by the legal representative for disposal or if the minor deceives the Company into believing they are an adult or has the consent of the legal representative, the contract cannot be canceled.
② Whether the contracting party is a minor is determined based on the mobile device on which the payment was made, the payment executor information, and the name of the payment method. The Company may request documents proving that the person is a minor and the legal representative to confirm the legitimacy of the cancellation.
Chapter 5: Products and Digital Content
Article 21 (Use of Products and Digital Content)
① Members may purchase or gift products (hereinafter referred to as digital content in this chapter).
② The price of products is displayed in Smile, and the final payment amount is determined based on the exchange rate provided by the store operator at the time of payment, depending on the country where the member resides.
③ Purchased products can be downloaded for personal use to the SmileMe service, affiliated linked apps, or the member's device.
④ The recipient of a gift must be a SmileMe member, and already purchased products cannot be gifted or transferred to another account.
Article 22 (Management of Products)
① If a product uploaded by a member to the market includes content that violates laws such as the "Act on Promotion of Information and Communications Network Utilization and Information Protection" and the "Copyright Act," the rights holder may request the Company to suspend or delete the posting of the product under the procedures prescribed by law.
② Even if the rights holder does not request or have reasons to acknowledge the infringement of rights, or if it violates other company policies or related laws, the Company may take temporary measures, etc., for the relevant product according to the law.
Article 23 (Payment Methods)
① The Company provides only In-App payment as the payment method for products. Depending on the type of device, members can make payments according to the store operator's payment policy, and the payment amount may vary among members due to differences in the payment policy.
② The purchase amount is charged according to the method and policy determined by the store operator and the Company or the store operator in conjunction with the mobile communication company. The payment method is also under the payment policy of the respective business. The payment limit for each payment method may vary according to the Company's policy and the policies and guidelines of the payment providers (mobile communication companies, store operators, etc.).
③ Members must use the device’s password setting function, the password setting function provided by the store operator, and/or the mobile communication company to prevent third-party In-App payments.
④ The Company is not responsible for any third-party In-App payments that occur due to the member's failure to use the In-App payment prevention function or the member's negligence in exposing their password.
⑤ If a member subscribed to a youth rate plan of a mobile communication company makes an In-App payment on the respective device, it is considered that there is consent from the legal representative.
⑥ Members are responsible for faithfully paying the In-App payment charges.
Article 24 (Withdrawal of Subscription)
① Withdrawing a subscription for products is conducted according to the refund policy of the store operator used by the member, and detailed refund application procedures are subject to the store operator's policy.
② Products obtained through service use without In-App payment, products gifted by other members, products obtained through Company events, etc., are not refundable.
③ If an overpayment occurs during the In-App payment process, the member must request a refund directly from the store operator. If an overpayment occurs during the In-App payment process and the member requests a refund (including payment cancellation) from the Company, the Company will process the refund by requesting an overpayment refund from the store operator, if possible, according to the store operator's policy and system, except when the store operator restricts the Company's overpayment refund application. The overpayment refund method follows Article 18.
Article 25 (Attribution of Rights)
① Copyright and other intellectual property rights for content produced by the Company belong to the Company. The Company grants members the right to use the content related to paid services under the conditions determined by the Company. Members cannot redistribute, transfer, sell, provide as collateral, or otherwise dispose of the content commercially and must not infringe on the Company's rights by modifying or re-editing the content.
② Copyright and other intellectual property rights for content posted or produced by members belong to the creator. However, since products are combined works completed with the joint involvement of the Company and the seller, the Company and the seller jointly exercise the rights.
③ The use of content acquired for a fee or for free is subject to the usage conditions indicated at the time of acquisition.
Chapter 6: Physical Products
Article 26 (Formation of Purchase Agreement)
① Members can apply for the purchase of physical products in the market by the following or similar methods. The Company must clearly provide the following details when applying for a purchase
1. Confirmation and selection of physical products
2. Selection of payment method and input of payment information
3. Application for purchase of physical products and either confirmation of this application or agreement to the Company’s confirmation.
② The Company may refuse to accept the purchase application for the following reasons
1. If the application contains false information, omissions, or errors.
2. If a minor attempts to purchase products prohibited by juvenile protection laws, such as tobacco or alcohol.
3. If the purchase is intended for resale, or if the transaction context suggests that it is intended for resale.
4. If accepting the purchase application would significantly hinder the Company's technology.
5. If other factors attributable to the member make acceptance impossible.
Article 27 (Payment Methods)
① The payment methods for purchased physical products are as follows. However, the Company will not impose any additional fees under any name for the payment method chosen by the member. If there is a separate provider for the chosen payment method, the member must comply with the procedures required by that payment method.
1. Various card payments including prepaid cards, debit cards, and credit cards
2. Payments made via telephone or mobile phone
3. Various bank transfers such as phone banking, internet banking, and online direct bank transfers
4. Payments made using SmileMe points
5. Payments made using virtual currency
6. Payments made using cashback, credit card points, or similar points systems
② Some payment methods may be restricted for international users.
③ Members should not arbitrarily use someone else’s payment method. Any loss or damage to the company, the rightful owner of the payment method, or any third parties related to such payment due to unauthorized use will be the responsibility of the member.
④ The member bears all responsibility and disadvantages for any problems arising from the information provided for the payment of the physical products.
⑤ Members must use payment methods for which they have legitimate and legal authorization when paying the purchase price. The company can verify the legality of the used payment method and may suspend the transaction or cancel the transaction until the verification of legality is completed.
⑥ Monthly cumulative payment amounts and recharge limits per member may be restricted according to the company's policies and the standards or regulations of the providers of the payment methods specified in paragraph 1 (e.g., telecommunications companies, credit card companies). If these limits are exceeded, the purchase of physical products may not be possible.
Article 28 (Provision of Physical Goods)
① Unless there is a separate agreement with the member regarding the supply of physical products, the Company will take necessary measures such as custom production and packaging to deliver the physical products promptly from the date of the member's purchase application.
② Notwithstanding Paragraph 1, if there is a separate agreement between the member and the Company regarding the supply of physical products, that agreement will take precedence. In such cases, the Company will take appropriate measures to allow the member to check the supply procedure and progress of the physical products.
③ The Company specifies the shipping methods, bearers of shipping costs, and delivery times for the physical products purchased by the member. If the Company exceeds the agreed delivery period, it must compensate the member for any damages incurred. However, no compensation is required if the Company can prove there was no intent or negligence on its part.
④ If the member pays the delivery costs when supplying physical products, the Company clearly indicates who will bear these costs in the event of a withdrawal.
Article 29 (Refunds)
If the Company is unable to deliver or provide the physical products ordered by the member due to reasons such as being out of stock, it must notify the member of the reason without delay. If the payment for the physical products has already been received, the Company must refund the amount within three business days from the date of receipt or take necessary actions for the refund.
Article 30 (Transaction Completion)
① Members can express their intention to finalize the purchase of physical products (hereafter referred to as 'purchase confirmation') within 7 days from the date of receipt, without initiating a return or exchange.
② If no intent for purchase confirmation, exchange, or return is expressed by the member within 7 days of receiving the physical product, the Company will assume purchase confirmation and automatically finalize the purchase the following day.
③ Once the purchase is confirmed, either by the member or automatically, the member cannot request an exchange or return from the Company.
Article 31 (Withdrawal of Offer)
① Members who have entered into a purchase agreement for physical products with the Company can cancel their purchase within 7 days from the date they received the written contract or were notified of confirmation of receipt. However, if the supply of physical products is delayed compared to the delivery of the written contract or notification of confirmation of receipt, the member can cancel the purchase within 7 days from the date of receiving the physical products or the start of supply.
② If the member wishes to withdraw the subscription according to this Article, they must first notify the Company of their intention to withdraw the subscription according to Article 17, Paragraph 7. If the member only returns the physical product to the Company or seller without following this procedure, the withdrawal of subscription may not be possible, and the member shall bear bears the cost of shipping and other expenses incurred.
③ Members cannot withdraw the subscription or request an exchange after receiving the physical product in the following cases, even if it involves a gift. This applies even in the case of incorrect misdelivery or defective physical products:
1. The product is destroyed or damaged due to the member's fault (including damage to the original wrapping beyond the basic packaging necessary for shipment).
2. The value of the product has significantly decreased due to the member's use or partial consumption.
3. The value of the product has significantly decreased over time to the extent that resale becomes difficult.
4. The packaging of a reproducible physical product has been damaged.
5. In cases of custom-made, sale items, or music records where exchanges and refunds are explicitly not allowed.
6. Other circumstances defined by presidential decree for the safety of the transaction.
④ If the Company does not clearly indicate or provide trial products or similar measures that withdrawal or similar actions are restricted, the member's right to withdraw is not limited.
⑤ Notwithstanding the provisions of Paragraphs 1 and 2, if the content of the physical product is different from the displayed or advertised content or is not performed according to the contract, the member can request withdrawal within three months from the day the product was received, or within 30 days from the day the member became aware or should have been aware of the discrepancy.
Article 32 (Effect of Withdrawal of Subscription)
① The refund following the withdrawal of subscription for physical products is processed after the seller receives the returned physical product, verifies the reason for withdrawal and confirms the bearer of the shipping cost.
② In the case of refunding the price of physical products paid by credit card or other payment methods prescribed by the Presidential Decree, the Company promptly requests the payment provider to suspend or cancel the charge for the physical product.
③ In the case of withdrawal of subscription, the member shall bear the cost of returning the supplied physical products. The Company does not charge a penalty or compensation for withdrawal of subscription. However, if the content of the physical product is different from the display/advertisement or if the contract content is performed differently, the Company bears the cost of returning the physical products.
④ If the physical product has already been partially used or consumed, the Company can claim the amount equivalent to the benefit the member received from the partial use or consumption or the cost incurred for supplying the physical product. However, withdrawal of subscription is not allowed for coupon-type physical products that have already been used or consumed.
Chapter7 : Obligations of the Parties
Article 33 (Company's Obligations)
① The Company shall comply with applicable laws and faithfully fulfill the rights and duties stipulated in these Terms and Conditions, conducting itself with integrity during the provision of services.
② The Company shall not engage in activities prohibited by applicable laws or contrary to public morals, and shall exert its best efforts to provide stable and continuous paid services.
③ The Company shall establish and maintain a security system to protect the personal information (including credit information) of members, ensuring the safe use of paid services. The Company will also publicly disclose and adhere to a privacy policy.
④ The Company shall not disclose or distribute any personal information of members obtained during the service provision to third parties without the members' consent, except as required by law or governmental orders, such as inquiries from investigative authorities or requests from the Korea Communications Standards Commission.
⑤ If a complaint related to the service is received from a member, the Company shall address it promptly. If immediate resolution is not possible, the Company shall inform the member of the reasons and the expected resolution timeline through the service interface, or by email or SMS (MMS).
⑥ If information posted or transmitted by a member infringes on the rights of others or violates laws such as the Copyright Act, the Company will take necessary actions, such as removing the information, as required by law.
⑦ The Company shall compensate members for any damages incurred due to the violation of the obligations outlined in these Terms and Conditions.
Article 34 (Member's Obligations)
① Members may use the services only if they agree to these Terms and Conditions and must comply with the provisions of these Terms and Conditions, the various regulations and notices established by the Company, and the relevant laws related to the service.
② Members shall not engage in the following activities when using the service:
1. Providing false information during application or modification, misusing another person's SmileMe account, fraudulently using someone else's name, or performing the verification under Article 6, Paragraph 1 without the consent of the name holder.
2. Accessing or using the service through abnormal methods not provided by the Company
3. Obtaining or using points through unauthorized methods
4. Copying, distributing, or commercially using information obtained from the service without the prior consent of the Company
5. Damaging the reputation of others or causing disadvantages
6. Distributing obscene or violent messages, images, sounds, or other content that is against public order and morals
7. Infringing the copyrights or other rights of the Company or third parties
8. Registering or distributing malicious materials that cause malfunction or destruction of facilities related to the service
9. Copying, modifying, distributing, selling, transferring, renting, or providing the software included in the service without the Company's consent, or attempting to extract the source code or reverse engineer the software
10. Intentionally disrupting the operation of the service or sending advertising information against the recipient's explicit refusal
11. Impersonating the Company's employees, operators, or third parties, or falsely specifying the relationship with others
12. Posting or transmitting information prohibited by the relevant law including computer program
13. Abusing the service by repeatedly purchasing and canceling within a month for more than 10 times
14. Engaging in other activities that violate current laws, these Terms and Conditions, or the detailed guidelines provided by the Company, or obstructing or delaying the normal operation of the service
③ The Company is not responsible for any consequences resulting from the actions listed in the preceding paragraph, and members shall compensate the Company for any damages incurred due to such actions. Additionally, the Company may report such actions to administrative or investigative agencies and take legal actions.
④ Members must accurately confirm the detailed content and transaction conditions of paid services provided by the Company or sellers before use. Losses or damages caused by failure to confirm such information shall be borne by the member.
⑤ Members must comply with the notices provided by the Company related to paid services. Members are responsible for any losses or damages resulting from violation or non-compliance with these Terms and Conditions and the notices.
⑥ Members shall not engage in the following activities when using paid services.
1. Using another person's name, card information, or account information to use paid services provided by the Company
2. Repeatedly purchasing and canceling without any intent to use
⑦ Members may not transfer, gift, or provide as collateral the rights to use the service or other status under the use contract to third parties or other SmileMe accounts.
⑧ If there is a change in the member's information, the member must immediately notify the Company, and the Company is not responsible for any problems caused by delayed notification.
⑨ If a member does not comply with relevant laws or these Terms and Conditions, the Company may temporarily or permanently suspend the member's use of the service or restrict re-registration.
Article 35 (Change of Member Information)
① Members may view and edit their personal information.
② Should any information initially provided at the time of membership registration change, members must update it directly in the service or notify the Company via email or other available methods.
③ The Company is not liable for any disadvantages incurred by the member’s failure to notify changes as described above.
Article 36 (Account Obligations and Responsibilities)
① Members must diligently manage their SmileMe-linked social accounts (hereafter referred to as "linked accounts").
② Members bear all consequences arising from negligent management of their linked accounts; the Company is not liable unless due to its willful misconduct or gross negligence.
③ Members should not permit third parties to use their linked accounts. If a linked account is compromised or used by a third party, the member must immediately inform the Company and follow any instructions provided.
④ If a member fails to report such misuse or does not follow the Company's instructions, the Company is not responsible for any resulting disadvantages.
Article 37 (Obligation to Protect Personal Information)
① The Company shall strive to protect the personal information of members as prescribed by relevant laws.
② The Company shall establish and post a privacy policy on the service home screen to protect the personal information of members and comply with it. The privacy policy is part of these Terms and Conditions, and members agree to it.
③ If a member's nickname is likely to cause personal information leakage, is anti-social, or contrary to public order and morals, or is likely to be mistaken for the Company or its operators, the Company may restrict the use of such nickname.
④ In particular, the Company shall provide personal information to third parties within the scope of the member's consent obtained in advance as required by the "Personal Information Protection Act" and shall detail the procedures and methods in the privacy policy.
Article 38 (Collection, Use, and Entrustment of Personal Information)
The Company primarily handles the collection, use, and management of collected personal information (hereinafter referred to as "personal information processing") itself. However, if necessary, it may outsource all or part of these tasks to third parties selected by the Company. When outsourcing personal information handling tasks, the Company will detail all pertinent details in the privacy policy and notify or inform members accordingly.
Chapter 8: Service Use Restrictions and Termination of Contract
Article 39 (Service Use Restrictions, etc.)
① If a member violates the obligations of these Terms or disrupts the normal operation of the service, or if reasons for refusal of service in Article 9 are subsequently discovered, the Company may impose restrictions such as warnings, temporary suspension, permanent suspension, loss of membership, or termination of contract.
② Despite the above, if a member violates laws by operating illegal programs under the "Copyright Act," or engages in unauthorized communication and hacking as per the "Personal Information Protection Act" and the "Act on Promotion of Information and Communications Network Utilization and Information Protection," or distributes malicious programs, or exceeds authorized access, the Company may impose immediate permanent suspension. All benefits obtained through service use will be forfeited without compensation from the Company in such cases.
③ Upon imposing any restrictions or suspensions, the Company will notify the member of the reason and duration as per Article 5. Such restrictions or suspensions take effect upon such notification.
④ Members may contest these restrictions according to the procedures established by the Company. If deemed justifiable, the Company will immediately restore service access.
⑤ Should the Company be unable to continue the service due to business model changes, discontinuation of business, or due to corporate restructuring such as mergers or acquisitions, it will notify members as per Article 5 and provide compensation as stipulated in these Terms or through additional notifications.
Article 40 (Termination of Service Contract)
① Members wishing to terminate their service contract must do so using the method provided by the Company.
② Upon termination, all personal data related to the member will be immediately deleted, except where retention is mandated by law or the Company's Privacy Policy. However, this does not apply to content reposted by other members.
③ The Company is not liable for any damages resulting from the member's failure to take appropriate measures regarding their data retention, despite being informed of data deletion.
④ The Company may request corrective actions if a member violates these Terms. If the member fails to comply, the Company may immediately terminate the contract.
⑤ If there is no record of service use for six months after registration, and the member does not respond within a specified period after being queried about their intent to use the service, the Company may terminate the contract.
Chapter 9: Miscellaneous
Article 41 (Confidentiality)
① Members must not disclose or use for non-specified purposes any information acquired through service use, including personal information protected by the "Personal Information Protection Act," the Company's technical and business information, or any other confidential information covered under the "Act on the Prevention of Unfair Competition and Protection of Trade Secrets," without the Company's written consent.
② The confidentiality obligations stated above continue even after the termination of the use contract.
Article 42 (Prohibition of Transfer)
Members may not transfer or gift their rights to use the service or any other status under the use contract to any third party.
Article 43 (Compensation for Damages)
① If a party breaches this contract and causes damage, the other party may claim compensation.
② If disputes arise with third parties from a breach of obligations under this contract, the responsible party must indemnify and compensate the other party at their own expense for all resulting damages.
③ Should the Company face claims or legal actions from third parties due to a member's illegal actions or violations of these Terms, the member must indemnify the Company at their own expense. If not indemnified, the member is liable for any resulting damages to the Company as prescribed by applicable laws.
Article 44 (Exemption)
① The Company is exempt from liability for not providing services in cases of force majeure, such as natural disasters.
② The Company is not liable for any disruption of service usage, data loss, or damage incurred by members due to their intentional misconduct, negligence, or lack of understanding regarding the use of the service.
③ The Company is not responsible for damages resulting from improper management of the member's linked accounts, whether these are exposed or shared with third parties.
④ The Company is not liable for any loss of expected profits or damages arising from the use of the service unless caused by the Company's willful misconduct or gross negligence.
⑤ The Company does not assume responsibility for the reliability or accuracy of information, materials, or facts posted by members related to the service.
⑥ The Company has no obligation to intervene in disputes arising between members or between members and third parties facilitated through the service and will not be liable for any resulting damages.
⑦ The Company is not liable for any services offered free of charge unless explicitly required by applicable laws.
Article 45 (Governing Law and Jurisdiction)
① All matters related to these Terms and Conditions are governed by the laws of the Republic of Korea.
② Any disputes arising between the Company and members shall be resolved through mutual good faith negotiation; if unresolved, such disputes will be adjudicated at the Seoul Central District Court.
Article 46 (Special Provisions for Overseas Users)
① The following provisions do not apply to members residing outside of South Korea
1. All content related to SmileMe Points as specified in Article 2, Paragraph 1, Item 15.
② Despite Article 44 (Governing Law and Jurisdiction), if the laws of the user’s country of residence include provisions more favorable to the user, those provisions will apply. Users may bring disputes related to these Terms and Conditions before the competent courts of their domicile.
Supplementary Provisions
Article1 (Effective Date)
These Terms and Conditions shall take effect from November 22, 2024.
Article2 Transitional Measures)
Members who joined before the application date of the revised Terms and Conditions will also be subject to the revised Terms and Conditions.
Previous versions of the Terms and Conditions can be found below