WITZSHOP Terms of Service

Article 1 (Purpose)

The purpose of these terms and conditions is to stipulate the rights, obligations, and responsibilities of Witz Corporation (hereinafter referred to as the “Company”), and the members concerning the use of services provided through the website www.witzshop.com (the website address or name may be subject to change in the future, hereinafter referred to as “WitzShop” or the “Site”) and other related services.

Article 2 (Definitions)

The key terms used in these terms and conditions are defined as follows:

1. “Service” refers to all services provided by the Company, which users can access via implemented devices (including PCs, TVs, mobile devices, and various wired and wireless devices), enabling licensors to upload information to WitzShop so that other users can view it, facilitating the formation of brand commercialization contracts (licensing contracts) between users. This includes management of the licensing process, approval for use of the target brand, transactions, contract and related document uploads, downloads, and viewing, royalty settlement systems, and other services provided on the Site, as detailed in Article 13 of these terms and conditions.

2. “User” refers to “individual members,” “corporate members,” and “non-members” who receive services provided by the Company in accordance with these terms and conditions. “Licensor” refers to users who own the brand in a brand commercialization (licensing) contract, while “Licensee” refers to users who wish to use the works owned by the Licensor in products (or services).

3. “Brand” is a concept encompassing “characters,” “trademarks,” “copyrights,” “illustrations,” and any image, logo, number, letter, font, color, or slogan that can distinguish one’s product (or service) from others.

4. “Target Brand” refers to any distinguishing elements, including copyrights, trademarks, and design rights owned by the Licensor.

5. “Individual Member” is a person who provides personal information to the Company to register as a member and continuously receives information from the Company, using the services provided by the Company continuously. “Corporate Member” is a person who provides corporate and personal information to the Company to register as a member and continuously receives information from the Company, using the services provided by the Company continuously.

6. “Non-member” is a person who uses the services provided by the Company without signing up as a member.

7. “Process” refers to the procedures necessary for the Licensee to produce, distribute, sell, advertise, and promote products or services using the brand owned by the Licensor (referred to as “Designated Products” or “Designated Services”). It includes all steps of contract formation, such as uploading, viewing, approval, and execution of contracts, confirmations, usage permissions, style guide distribution, designs, artworks, and other commercialization processes.

8. “Style Guide” is a document that outlines a series of standards defining the brand, serving as a guideline and example for those using the brand to maintain a consistent image (including book format or computer file format).

9. “ID” refers to a combination of letters or letters and numbers designated by the member and approved by the Company for member identification and service usage. “Password” refers to a combination of letters (including special characters) and numbers set by the member to verify their identity and protect confidentiality.

10. “Paid Service” refers to all paid services provided by the Company.

11. “Payment” refers to the act of selecting a payment method and entering financial information to use the paid services provided by the Company.

12. “Content” refers to various types of information such as symbols, characters, voices, sounds, images, or videos used in the information and communications network, including text, photos, videos, and various files and links.

Article 3 (Supplementary Provisions)

Matters not specified in these terms and conditions shall be governed by relevant laws or the individual terms of service, operating policies, and rules established by the Company (hereinafter referred to as “Detailed Guidelines”). In the event of a conflict between these terms and conditions and the Detailed Guidelines, the Detailed Guidelines shall prevail.

Article 4 (Effectiveness and Amendment of Terms and Conditions)

① These terms and conditions shall be posted and announced on all internet services provided by the Company. The Company may amend these terms and conditions to the extent that it does not violate related laws such as the “Act on the Consumer Protection in Electronic Commerce” (hereinafter referred to as the “E-Commerce Act”), the “Act on the Regulation of Terms and Conditions” (hereinafter referred to as the “Terms and Conditions Regulation Act”), the “Act on Promotion of Information and Communications Network Utilization and Information Protection” (hereinafter referred to as the “Information and Communications Network Act”), and other related laws. If the terms and conditions are amended, the Company shall announce the amended terms and conditions and their effective date at least 7 days (30 days for changes that are disadvantageous or significant to users) before the effective date, through notice on the website, and notify existing users through separate electronic means (email, SMS, electronic messages within the service, pop-up notifications, etc.). The amended terms and conditions shall take effect from the effective date as announced or notified.

② When the Company announces or notifies the amended terms and conditions pursuant to paragraph 1, it shall also notify that “if you do not agree to the changes, you may terminate the contract within 7 days (30 days for changes that are disadvantageous or significant to users) from the date of the announcement or notification, and if you do not express your intention to terminate the contract within the aforementioned period, you will be deemed to have agreed to the changes.”

③ If the user does not express their intention to reject the amended terms and conditions within 7 days (or 30 days for changes that are disadvantageous or significant to users) from the date of announcement or notification, the user is deemed to have agreed to the amended terms and conditions.

Article 5 (Notification)

① Unless otherwise specified in these terms and conditions, the Company may notify users through electronic means such as email, SMS, electronic messages, or push notifications.

② In the case of notifications to all users, the Company may replace the individual notifications specified in paragraph 1 by posting the notification on the bulletin board of the Company’s website for at least 7 days. However, for matters that have a significant impact on the user’s transaction, individual notifications as specified in paragraph 1 shall be made.

③ If it is difficult to notify individually due to reasons such as the user not providing contact information, failing to update contact information after changes, or providing incorrect information, the notification specified in the preceding paragraph shall be deemed as individual notification.

Article 6 (Conclusion of Service Use Contract)

① The service use contract is concluded in the following cases:

1. When a user applies for membership, agrees to the terms and conditions, and the Company approves the application.

2. When a user uses the services that can be accessed without membership registration by making a payment for the services provided by the Company.

3. When a user uses free services provided by the Company without applying for membership registration and, while using such free services, proceeds with the procedures specified in paragraphs 1 and 2 for additional services related to the free services, such as saving information.

② However, even after completing membership registration or concluding a service use contract according to paragraph 1, users must provide additional information such as name, corporate name, contact information, company type, brand information, and business information as requested by the Company to register a brand as a Licensor or to make a proposal to a Licensor as a Licensee. Failure to provide additional information may restrict specific service use.

Article 7 (Approval for Membership Registration)

① The Company shall, in principle, approve the request for service use when there is a request for a use contract.

② In the application process specified in paragraph 1, the Company may request real-name verification and personal authentication through professional institutions if necessary for service provision.

③ The Company may withhold approval if there is no room for service-related facilities, technical, or business problems.

④ If the Company does not approve or withholds approval for service use according to paragraphs 2 or 3, the Company shall, in principle, notify the applicant of the reason. However, exceptions may be made if it is impossible to notify the applicant without the Company’s fault.

⑤ The establishment time of the use contract is as follows:

- For paragraph 1, subparagraph 1 of Article 6, it is when the Company indicates that the membership registration is complete in the application process.

- For paragraph 1, subparagraph 2 of Article 6, it is when the payment is completed and indicated.

⑥ The Company may impose use restrictions or grade restrictions in compliance with the “Promotion of the Motion Picture and Video Industry Act” and the “Youth Protection Act.”

Article 8 (Modification of Member Information)

① Members can view and modify their personal information at any time through the personal information management screen. However, information necessary for service management, such as real name and ID, cannot be modified.

② If the information provided at the time of membership registration changes, the member must modify it online or notify the Company of the changes through email or other methods.

③ The member is responsible for any disadvantages caused by not notifying the Company of the changes specified in paragraph 2.

Article 9 (Management and Protection of Member Information)

① Members are responsible for managing their ID and password and must not allow third parties to use them.

② If a member's ID is deemed to have a risk of personal information leakage, to be anti-social or contrary to public order and morals, or to be easily mistaken as the Company or service operator, the Company may restrict the use of the ID.

③ If a member becomes aware that their ID and password are being used by a third party, they must immediately notify the Company and follow the Company’s instructions.

④ In the case of paragraph 3, if the member does not notify the Company or fails to follow the Company's instructions after notification, the Company is not responsible for any disadvantages incurred.

Article 10 (Company’s Obligations)

① The Company shall promptly repair or restore facilities in case of malfunction or destruction to provide continuous and stable services, and in unavoidable cases, may temporarily suspend the provision of all or part of the services without prior notice. In such cases, the reasons and periods shall be announced without delay.

1. When necessary for urgent maintenance, expansion, replacement, or repair of systems.

2. When system replacement is deemed necessary to provide new services.

3. When it is impossible to provide normal services due to system or other service equipment failures or wired/wireless network failures.

4. In the case of national emergencies, power outages, or other force majeure.

② The Company shall endeavor to provide convenience to users in procedures and content related to the conclusion, change, and termination of use contracts.

③ The Company shall post on the initial screen of the online service the name of the representative, business name, address, phone number, communication sales business registration number, terms of use, and privacy policy, so that users can easily access them.

Article 11 (Personal Information Protection)

The Company values the privacy of users and strives to comply with related laws such as the “Act on Promotion of Information and Communications Network Utilization and Information Protection” and the “Personal Information Protection Act.” The Company’s privacy policy informs users about how their personal information is used and protected.

Article 12 (User Obligations)

① Users must fill out the application form based on facts when applying for use through registration. Users cannot claim any rights against the Company if they register false or others’ information and the Company is not responsible for any damages caused by this.

1. The Licensor declares and guarantees that they are the true owner of the brand.

2. The user declares and guarantees that there are no factual or legal issues that limit or prohibit the conclusion and implementation of this contract.

② Users must comply with the matters stipulated in these terms and conditions, other regulations established by the Company, and the matters notified by the Company. Users must not interfere with the Company’s operations or damage the Company’s reputation.

③ If a member’s information, such as address, contact information, and email address, changes, the user must immediately update it online. The responsibility for any issues caused by delayed updates lies with the user.

④ Users must manage their ID and password directly. The Company is not responsible for problems caused by the user’s negligence in managing them.

⑤ When selecting an ID, activity name, nickname, or other names used within the service, users must not:

1. Pretend to be the official operator of the service provided by the Company or use a similar name to cause confusion among other users.

2. Use names that include obscene or vulgar content.

3. Use names that may infringe on third-party trademark rights, copyrights, etc.

4. Use names that may defame or interfere with the work of third parties.

5. Use names that include anti-social or illegal content.

⑥ Without the explicit consent of the Company, users cannot sell, transfer, provide collateral, or otherwise dispose of their service use rights or other contractual positions.

⑦ Users are obligated to:

1. Provide related materials and cooperate with the Company to ensure that brands are traded, provided, exchanged, and commercialized on the Site.

2. Fulfill the royalty payment obligations as stipulated in the contract between the Licensee and the Licensor and input the royalty report and settlement data according to the format provided by the Company.

3. Provide the style guide, including the brand image, to the Licensee for commercialization.

⑧ Details about service use and other precautions related to this article are determined by the operating policy. If a user violates the service terms and conditions or the operating policy, they may face service restrictions, civil and criminal liability, and other disadvantages.

Article 13 (Provision of Services and Payment or Settlement of Fees)

① The Company’s services are provided 24/7, year-round. However, special circumstances such as system maintenance, replacement of communication equipment, etc., may cause temporary service interruptions.

② Users, including Licensors and Licensees, can receive the following services and related services through the Company or the Company’s platform:

1. Licensors can register works for contracts and processes with Licensees.

2. Licensees can register corporate information and propose contracts to Licensors.

3. Search services for corporate Licensors and Licensees.

4. Brand brokerage services that allow other users to view information created by the Licensor to find suitable contract counterparts.

5. Services that allow users to select preferences and propose contract terms using the brand images and information provided by the Licensor.

6. Provision of workspace to share data necessary for performing and managing the entire process.

7. General services related to telecommunications sales brokerage.

8. Online services for approving the use of target works, uploading, viewing, and managing royalty settlements.

③ Users, including Licensors and Licensees, must pay the service usage fee to the Company for the services received through the Company or the Site as specified in paragraph 2. The specific details and rates of user fees will be individually notified.

1. Brokerage fee: A certain percentage (excluding VAT) of the payment made by the Licensee to the Licensor, as determined by the Company (excluding VAT).

2. Service usage fee for additional services.

- The Company may establish or change the service fee as necessary, and changes will be notified to users through platform notices, individual notifications, emails, etc.

3. After the contract between users is concluded, the Licensee pays the royalty settlement amount to the Company according to the contract, and the Company deducts the fee and usage fee from the settlement amount before paying the Licensor. Additional charges for certification and shipping costs may apply.

- The deduction from the settlement amount may be replaced by a deduction from the charged amount.

4. According to the agreement between the Company, Licensor, and Licensee, the Licensee may directly pay the Licensor. However, the Licensor receiving the settlement amount must pay the fee and usage fee to the Company, and additional charges for certification and shipping costs may apply.

5. The specific details of usage fees and fees are determined in [Attachment 1].

Article 14 (Service Restrictions, etc.)

① If there are unavoidable reasons, such as a telecommunications business operator stopping telecommunications services, the Company may restrict or suspend all or part of the services.

② Notwithstanding the preceding paragraph, free services may be restricted or suspended due to the Company’s operating policies and may be converted to paid services.

③ When the Company restricts or suspends the use of the service, it shall notify the user of the reason and the restriction period, scheduled date, etc., without delay.

④ The Company may request prior payment information for converting free services to paid services and notify the reason and scheduled date of the conversion, obtaining the user’s consent for the conversion.

Article 15 (Termination and Withdrawal Procedures)

① Users may request termination of the use contract at any time through the user withdrawal application on the website. However, immediate withdrawal may be restricted for a certain period after new registration for reasons such as preventing improper use.

② If a user violates the user’s obligations stipulated in these terms and conditions, engages in abnormal or unfair use, uses prohibited programs, or writes defamatory or insulting broadcasts and posts, the Company may notify the user and terminate the contract if the act is repeated more than twice, including the first prohibition or deletion request.

③ After receiving the user's expression of intent to withdraw, cancel, or terminate, the Company shall respond to the user. The response shall be based on one of the methods notified by the user to the Company, and if there is no contact information provided by the user, the response may not be provided.

Article 16 (Compensation for Damages)

① The Company or the user may claim compensation for damages caused by the other party’s fault. However, the Company is not liable for damages caused by service disruption, suspension, or loss, deletion, or alteration of stored data due to free service.

② The Company is not responsible for any damages as long as it does not violate the Company’s operating policies, privacy policies, and other service-specific terms and conditions.

Article 17 (Disclaimer)

① The Company shall not be liable for the provision of services or related compensation for damages in cases where services cannot be provided due to force majeure events, including but not limited to the following, or due to service interruptions caused by the user's fault:

1. If services cannot be provided due to war, incidents, natural disasters, national emergencies, technical defects that are difficult to resolve, or other force majeure.

2. If services are interrupted, hindered, or the service use contract is terminated due to the user's fault.

3. If the telecommunications service is interrupted or not provided normally by the telecommunication service provider.

4. If services are interrupted or failures occur due to unavoidable reasons such as maintenance, replacement, regular inspection, or construction of service facilities, which were notified in advance.

5. If problems arise due to the user's computer environment or if problems occur due to network conditions without the Company's intent or gross negligence.

6. If disputes arise between users or between users and third parties through the service without the Company's intent or gross negligence.

7. If issues arise in connection with free services provided by the Company without the Company's intent or gross negligence.

8. If issues arise related to services provided by other businesses and not by the Company without the Company's intent or gross negligence.

9. If damages occur due to user computer errors or inaccuracies or omissions in personal information or email addresses provided by the user.

10. If services cannot be provided due to relevant laws, government policies, etc.

11. If the Company is not responsible for the reliability, accuracy, etc., of information, data, or facts posted or transmitted by users or third parties within the service or on the website, even if related actions were taken by the Company without intent or gross negligence.

② The Company shall not be liable for any failure to achieve the expected profits from using the service, nor shall it be responsible for any damages caused by data obtained through the service.

③ The Company shall not be responsible for the reliability or accuracy of content posted by users on the Site, nor shall it guarantee the service between users or between users and third parties, nor shall it be involved in related disputes, as specified in the following subparagraphs (without limitation to the following):

1. The Company does not verify or guarantee the truthfulness of user-entered information such as profiles posted on the Site, and the Company is not responsible for this.

2. Users post information and opinions on the Company's Site at their own authority and responsibility. The Company is not obligated to verify or approve the factual accuracy of information and opinions displayed by users or third parties during the service process. The Company does not guarantee the truthfulness, accuracy, or reliability of information and opinions posted by users or other relevant agencies. Therefore, the Company is not responsible for any losses or damages incurred by users relying on such information and opinions.

3. If the Company incurs damage or receives criminal punishment or sanctions from investigative or administrative authorities due to the user's illegal acts or violations of these terms and conditions, the user must indemnify the Company at their own expense (including, but not limited to, compensation for damages, litigation costs, attorney's fees).

4. The Company is not obligated to inspect or examine the outcomes of mutual work performed by users after the service contract is concluded, and the Company bears no responsibility for any related results.

Article 18 (Provision of Information and Advertising)

① The Company may provide various information and advertisements to users through banners, emails, mobile messages, calls, mail, etc. Users may opt-out if they do not wish to receive them.

② Even if users opt-out of receiving information, the Company may still provide important information such as changes to the terms and conditions, privacy policy, and other matters affecting users' interests via email.

③ The Company is not responsible for any failure to deliver transaction-related information or answers to user inquiries due to the user opting out of receiving information.

④ The Company shall check the user's consent for receiving commercial information every two years according to the “Information and Communications Network Act.”

⑤ The Company shall not be liable for any loss or damage arising from the user's participation in promotional activities of advertisers or as a result of transactions.

Article 19 (Payment for Paid Services, etc.)

① Users must pay for the use of paid services provided by the Company. Payment methods for the Company's paid services include:

1. Various card payments such as prepaid cards, debit cards, credit cards, etc.

2. Payments using ARS, mobile phones, etc.

3. Various account transfers such as phone banking, internet banking, online direct deposits, virtual account deposits, etc.

4. Payments using electronic money.

5. Payments using vouchers under partnership agreements with the Company or recognized by the Company.

6. Payments deducted from the royalty settlement amount paid by the Licensee as specified in Article 13, paragraph 3, subparagraph 3.

② The Company may verify the legitimate use of payment means and suspend transactions or cancel the transaction if verification is impossible.

③ According to the Company’s policy and the standards of payment companies (mobile carriers, card companies, etc.), the monthly accumulated payment amount and charge limit per user may be restricted. Additional use of paid services may be impossible if these standards are exceeded.

④ Users are responsible for the information entered for payment.

Article 20 (Refund)

① In the case of cancellation or refund due to the user’s fault, the following procedures shall apply:

1. Services that are used or purchased in a single use are non-refundable.

2. If the Licensee has accessed the style guide, it is considered that the service has been used, and cancellation or refund is not possible according to Article 2, paragraph 5 of the “Basic Law on the Promotion of Culture Industry.”

3. For continuously available services, the remaining amount after deducting the amount corresponding to the usage days is refundable.

② In the following cases, the full payment amount shall be refunded:

1. If no service usage history exists after payment.

2. If the service could not be used due to service failure caused by the Company.

3. If the purchased service is not provided.

4, If the purchased service differs significantly from the advertised content.

5. If service usage is significantly impossible due to defects in the service itself.

③ The Company shall, in principle, refund using the same method of payment as the payment. If a refund is not possible using the same method, the Company shall refund by a separate method specified in the individual service.

④ The Company shall proceed with the refund process within 3 business days from the date the refund obligation arises. However, if the refund is delayed due to the user's fault, the Company is not responsible for the delayed interest.

⑤ The party responsible for the refund costs shall bear the necessary expenses.

Article 21 (Attribution of Rights)

① Copyrights and intellectual property rights related to the services provided by the Company belong to the Company.

② The Company grants users the right to use the services provided by the Company according to the conditions set by the Company, and users cannot transfer, sell, provide collateral, or otherwise dispose of this right.

③ Notwithstanding paragraph 1, intellectual property rights for content created directly by the user and works provided under a partnership agreement with the Company do not belong to the Company.

Article 22 (Management of Content on the Site)

① Content created by members may be used as materials for promotion, marketing, and advertising purposes.

② If content created or posted by a member violates related laws such as the “Personal Information Protection Act” and the “Copyright Act,” the administrator may request the suspension or deletion of the content according to the procedures stipulated by the related laws, and the Company shall take necessary actions according to the related laws.

③ If there are reasons to recognize infringement of rights or violations of Company policies or related laws, the Company may take temporary measures, etc., according to the related laws.

Article 23 (Copyright of Content on the Site)

① Copyright for content posted by users on the service belongs to the creator of the content.

② Notwithstanding paragraph 1, the Company may use content registered by members for service operation, display, transmission, distribution, promotion, etc., without separate permission within the scope consistent with the Copyright Act and fair trade practices.

Article 24 (Jurisdiction and Governing Law)

In case of disputes related to the service, the court of jurisdiction shall be the court of the Company’s location, and the governing law shall be the laws of the Republic of Korea.

Addendum

1. (Effective Date) These terms and conditions shall take effect from January 1, 2023.

[Attachment 1] Usage Fees and Commissions

Category Commission Rate (%) Fixed Amount
General Commission 10% of royalties -