1. AGREEMENT TO TERMS
These terms and conditions are entered into by and between you and Kyuk Haan, Inc (“we,” or “us”), a company registered in the State of Delaware. We operate the website https://kyukhaan.com (the “Website”) through which we provide you our services, (collectively, the “Services” which include the provision and use of the Website).
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and concerning your access to and use of the Website and the Services. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
By using the Website, you represent and affirm that you are of legal age to form a binding contract with Kyuk Haan,Inc meet all indicated eligibility requirements, and accept and agree to be bound and abide by these terms.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Kyuk Haan’s sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed as each time you access the Services, you will be subject to, and will be deemed to have been made aware of and to have accepted, the then applicable Terms of Use.
The Services are intended for business users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
2. ADDITIONAL TERMS AND ORDER OF PRECEDENCE
If you are acting on behalf of any of our Partners or entities (a “Business User”) having a valid, signed agreement with Kyuk Haan,Inc or were authorized by, or received access to our partner subscription entitlement to our Services, then you shall be considered as a Business User and the Governing Agreement, supplemented by these Website Terms of Use, shall govern your access to and use of the Services and control to the extent of any conflict.
If you are a Kyuk Haan’s subscriber, you shall be considered as (a “Subscription User”), you acknowledge and agree that, in consideration of your receipt of access or any subscription entitlement to the Kyuk Haan Services that Kyuk Haan may (i) provide such Subscription User and/or its authorized account administrator with the ability to access, use, remove, retain, and control your account and any associated information and content and (ii) provide your account information, including any associated personal information or personal data, as defined by applicable data privacy law(s), to the Kyuk Haan and/or its authorized account administrator.
3. ACCESS AND ACCOUNT SECURITY
If you choose, or are provided with account information (e.g., a user name, password or any other piece of information) whether during the creation of an account for access to the Services, as part of our security procedures, or otherwise, you must treat such account information as confidential, and you must not share account information or disclose it to any other person or entity (other than an authorized account administrator). Your account administrator may use your account information to manage your use and access to the Services. You are responsible for all activity associated with your account even if that activity is not performed by you or is performed without your knowledge or consent. You also acknowledge that your account is personal to you and agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security.
4. INTELLECTUAL PROPERTY RIGHTS
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are wholly owned by Kyuk Haan,Inc its licensors, and are protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property or proprietary rights laws. The Kyuk Haan names, logos, product and services, designs, and slogans are trademarks of the Kyuk Haan,Inc.
Except as stated in these Website Terms of Use or your Governing Agreement, if applicable, we do not grant you any rights to copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All rights not expressly granted are reserved by Kyuk Haan,Inc. Any use of the Services not expressly permitted by Kyuk Haan,Inc is a breach of your agreement with Kyuk Haan and may violate copyright, trademark, trade secrets and other laws.
You must not remove, delete, alter, or obscure any copyright, trademark, or other intellectual property or proprietary rights notices from the Services, including any copy thereof.
The Services may display, include, or make available content provided by third parties or provide links to third-party websites or services (“Third-Party Materials”). Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All statements and/or opinions expressed in any Third-Party Materials are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect the opinion of the Kuyk Haan. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third-Party Materials.
Conditioned upon your compliance with these Terms of Use and, if applicable, your payment of the Subscription Fees, we grant you the rights to publicly use and display your design using our software (“Content”) on your website or mobile application. In addition, we grant you the right to distribute Content for commercial purposes either for your personal use, your own business or organization.
5. USER REGISTRATION
You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
6. LICENSE TO YOUR CONTENT AND FEEDBACK
You agree to grant and do hereby grant to Kyuk Haan,Inc solely for the purposes of operating or improving the Services, a non-exclusive, worldwide, royalty-free, license to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate any content created within, or submitted to, the Services by you or on your behalf. As between you and Kyuk Haan, you retain all rights and ownership of such submitted content. You may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for the Services (“Feedback”). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into the Services or any Kyuk Haan’s product or services without any payment or attribution or other obligation to you.
7. FEES AND PAYMENTS
Kyuk Haan offers free and paid account options. You can create a free account (“Free Account”) without providing any credit card information, but your access to our Website’s features will be limited. Depending on your needs, you may want to access more or all of our Services by creating or upgrading to a paid account (“Paid Account”). You can create or upgrade to a Paid Account by signing up for one of Kyuk Haan subscription plans (“Subscription Plans” and each a “Subscription”).
You can find information about our pricing options and available Subscription Plans on the following page http://kyukhaan.com/pricing
Fees for Subscriptions
Fees for Subscriptions (“Subscription Fees”) shall be based on the monthly or yearly selection of your Subscription Plan. All Subscriptions will auto-renew at the end of each Subscription Period.
We bill you for all initial and recurring Subscription Fees through an online billing account and you agree to provide (and keep updated) current, complete, and accurate purchase and account information including email address, payment method, and payment card expiration date, so that we can process your payments and contact you as needed.
Our prices may be updated from time to time so please make sure that you check our current Subscription Fees before placing your order. All payments shall be in USD, EUR, or GBP.
Accepted Forms of Payment
We accept the following forms of payment:
- Visa, Mastercard, American Express
- Stripe, PayPal
You agree to pay all charges or fees at the prices as per your chosen Subscription Plan, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your Subscription is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation in accordance with the cancellation information described in this section below.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. In such case we will notify you by email and refund you any Subscription Fees that you have paid.
How to Cancel a Subscription Plan
You can cancel your Subscription Plan at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of your current Subscription Period.
Except as stated in this Section, we will not be required to refund Subscription Fees under any circumstances. If you are unsatisfied with our services, please email us at info@kyukhaan.com.
8. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
9. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON IF WE REASONABLY CONSIDER THAT SUCH PERSON IS IN BREACH OF THESE TERMS OF USE, OUR ACCEPTABLE USE POLICY, OR OF ANY APPLICABLE LAW OR REGULATION, INCLUDING WITHOUT LIMITATION BREACHES OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION IF WE CONSIDER THAT YOU HAVE BREACHED, OR ARE LIKELY TO BREACH, ANY OF THE ABOVE.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress
10. GOVERNING LAW
These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the United State applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
11. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR KYUK HAAN DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY (DIRECT OR INDIRECT): (A) LOSS OF DATA, (B) LOST PROFIT, OR (C) LOST REVENUE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING AND (B) THE SUM OF US$100.
CERTAIN STATE LAWS AND COUNTRIES’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Services; (3) breach of these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
14. ENTIRE AGREEMENT
The Terms of Use and Conditions and other relevant policies incorporated herein by reference constitute the sole and entire agreement between the User and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, of any kind, regarding the use of the Website.
15. WAIVER
No waiver by Kuyk Haan of any term or condition set out shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kyuk Haan, Inc to assert a right or provision shall not constitute a waiver of such right or provision.
16. COMMENTS AND CONCERNS
If you have any comments or questions about these Terms of Use and Conditions, please notify the our Company at info@kyukhaan.com.
Last updated: June 2024