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AppSealing Terms of Service

Last updated: June 27th, 2016.

 

This AppSealing Service Agreement (the “Agreement”) is by and between You (individually and/or on behalf of the organization which You represent) and INKA Entworks Inc., (“INKA” or “We”) and takes place when You click an “I Accept” button or check box presented with these terms or, if earlier, when You agree to all of the terms and conditions of this Agreement. You represent to us that You are lawfully able to enter into contracts.

If You do not have the authority to bind the customer or You or do not agree to any of the Terms below, INKA is unwilling to provide the software and Service, and You should not click to Accept the Terms of this Agreement and You should discontinue the order, download and/or installation process.

1. DEFINITIONS

The following terms shall have the following meanings when used in this Agreement:

1.1 “Agreement” means this AppSealing Service Agreement.

1.2 “User” means those who create an account associated with a valid e-mail address and permitted to use service by INKA.

1.3 “End User” means any individual or entity that directly or indirectly runs Your mobile applications through another user.

1.4 “Service site” means https://www.appsealing.com and/or any successor or related site designated by INKA

1.5 “Documentation” means all manuals, documentation and other related materials, or any portion thereof, pertaining to the Services and/or Software provided or made available by INKA to You in conjunction with the Services and/or Software.

1.6 “Software” means the computer programs and all related files, or any portion thereof, as may be amended from time to time and provided or made available by INKA to You under the terms of this Agreement.

1.7 “Service” means a service or services developed and designed by INKA in order to protect mobile applications, and prevents such mobile applications from any illegal activities, including, but not limited to, illegal computer source distribution/use and code alteration of the application.

1.8 “Returned Device”, means the number of unique device operating mobile application(s) which uses AppSealing Service and its software and return to the same mobile application within a week (7 days) post-initial activation.

1.9 “Business Day” shall mean a day other than a Saturday, Sunday or public holiday in Korea.

2. USE OF THE SERVICE

2.1 To Access and use the Service, You must create an account with a valid email address. Except where INKA has notice of loss, theft or unauthorized use of user’s account information, You are responsible for all activities that occur under Your account, regardless of whether the activities are undertaken by You, Your employees or Your affiliates or agents.

2.2 Where we offer You the ability to choose Your own name(s) in connection with the Services, we will use reasonable efforts to assign such name(s) to You upon Your request, provided however that You may not select, and we reserve the right to reject, any name that (i) has already been assigned, (ii) in our sole discretion, is offensive, violates applicable law, attempts to reserve name(s) without the intent to use them, attempts to impersonate another, (iii) or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where we reject a requested name, we may, in our sole discretion, assign an alternate name, ask You to select another name or terminate this Agreement.

2.3 INKA may, from time to time, change, discontinue and remove features or functionality or the Service. INKA will notify You of any material change to the Service, before implementation of the changes, through the user interface, in an email linked to Your account or through other reasonable means. You will be deemed to have accepted the Agreement, as amended, if You continue to use the Services after the features are modified.  If You do not agree to the changes, You must discontinue the Services, including cancelling any paid Services. Discontinuing use of the Services will not affect the applicability of the Agreement to Your prior uses of the Services.

3. LICENSES

3.1 INKA hereby grants, and You hereby accept, subject to the terms and conditions of this Agreement, revocable, non-exclusive, non-assignable, limited, worldwide license to use the Services, Software and Documentation.

3.2 From time to time, and without prior notice to You, INKA may provide updates of the Software, or may issue upgraded versions of the Software. However, INKA shall be under no obligation to do so. All updates/upgrades provided by INKA will be subject to this Agreement and any amendments made to the Agreement from time to time.

3.3 You shall only use the Services, Software and Documentation for Your own personal use or in support of Your own business and shall not make the Services, Software or Documentation available to any third party.

3.4 Except expressly permitted by INKA, You shall not (i) sublicense, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any part thereof in any way, or (ii) modify, make derivative works based upon the Service or reverse engineering, decompile, or disassemble the Service.

4. YOUR RESPONSIBILITIES

4.1 You are solely responsible for the content of any communications or mobile application by You with third parties or end user including any communications about, concerning or through the Services or Software. INKA will not review or screen Your Content on a regular basis for compliance with this Agreement or applicable law. Although INKA is not responsible for any such content, we may delete any such content of which we become aware of, at any time without notice to You.

4.2 You shall be responsible for securely backing up the source code of mobile application for which You use the service. The Service does not provide any back up service of the mobile application or the source code of such application which You uploaded to the Service site.

5. FEES AND PAYMENT

5.1 We calculate and bill fees and charges monthly. INKA shall issue the invoice to the User’s email account within Ten (10) business days from the last day of the previous calendar month.

5.2 You shall pay INKA the applicable fees and charges within Twenty (20) business days from the date of the issuance of an invoice for use of the Service as described on the Service Site using one of the payment methods we support. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges to the Service site.

5.3 Late payments shall be subject to late fees at the rate of 1.5% per month or the maximum rate allowed by law, which is higher. If You fail to pay applicable fees and charges by the due date, INKA shall have the right to immediately suspend delivery of all or a portion of the Service to You.

5.4 All fees and charges payable by You are exclusive of applicable taxes and duties, including but not limited to, any applicable value added tax, sales tax, or excise tax.

6. TERM AND TERMINATION

6.1 The terms of this Agreement will commence on the Effective Date and will remain in effect until terminated by You or us in accordance with this Agreement.

6.2 You may terminate this Agreement for any reason by providing us notice and closing Your account for the Service. We may terminate this agreement for any reason by providing You 30 days advance notice.

6.3 Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party until the defaulting party has cured the material default or breach within 30days notice period.

6.4 Upon any termination of this Agreement, all Your rights under this Agreement are immediately terminated.  We do not have a refund policy and therefore, no refund will be given to You in case of any termination.  You will be required to pay all charges for the Services prior to the date of cancellation or termination of Services and Your account.

6.5 Upon the termination, You shall immediately return or, destroy all software and documentation of the Service in Your possession.

6.6 You shall have Your mobile application run without any features and functions added by the Service immediately. The features and functions of the Service can be removed by rebuilding Your application on Your side without uploading to the Service site.

7. TITLE & OWNERSHIP

7.1 You agree that title to and ownership of the Services, Software (including all source code) and Documentation and any modifications made thereto and all intellectual property rights therein shall at all times be held by INKA or its suppliers.

7.2 You shall not have any right, title or ownership interest in the Services, Software and Documentation except the limited right to use the Services, Software and Documentation as explicitly provided in this Agreement.

8. CONFIDENTIALITY

8.1 Unless required otherwise by law, all information exchanged between INKA and You will be considered non-confidential. If You wish to exchange confidential information, such exchange will be made under a separate confidentiality agreement.

8.2 Notwithstanding the foregoing, You acknowledge and agree that the Services, Software and Documentation contain valuable confidential information and proprietary technology of INKA and its suppliers. The Services, Software and Documentation, other than through its normal usage, shall be kept in confidence and not used for any purpose other than as permitted hereunder and shall not be disclosed to any third party except as required for You to use the Services and Software.

8.3 You may not create derivative forms or modify, decompile or reverse engineering the Software or do anything that will reveal or generate the source code of the Software. Any such act will be deemed to constitute a trespass on the rights, titles and interests of INKA and its suppliers, and constitute a proper ground for immediate termination of this Agreement.

9. MODIFICATIONS OF THE AGREEMENT

We may modify this Agreement (including any Policies) at any time by positing a revised version on the Service Site and we may send a message to the email address associated with Your account. The modified terms will become effective upon posting or, sending a message to Your email address. You agree to be bound to any changes to this Agreement when You use the service after any such modification is posted. It is therefore important that You review this Agreement regularly to ensure You are updated as to any changes. It is Your responsibility to check the Service Site regularly for modifications to this Agreement and keep Your email address current. If You do not agree to the changes, You must discontinue the Services, including cancelling any paid Services. Discontinuing use of the Services will not affect the applicability of the Agreement to Your prior uses of the Services

10. DATA COLLECTION

10.1You understand and agree that using the Service will enable INKA to collect, store, and use data relating to application package name, rooting status, OS (Operating System) version and model name of the end user’s device and country code.

10.2You shall publicly post, maintain, and comply with an accurate privacy policy consistent with this Agreement and ensure that You have any and all necessary rights (including, to the extent necessary, the express consent of End Users) to enable INKA to lawfully collect and share the data under this Agreement and any applicable separate agreement of INKA’s Service.

11. WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

11.1 You acknowledge that You have or will have independently determined that the Services, Software and Documentation meet Your requirements and that You shall not rely on any representation made, or information provided, by INKA as to the suitability of the Services, Software or Documentation for any particular purpose.

11.2 You agree to indemnify and hold harmless INKA from and against any claims, demands or causes of action whatsoever, and shall defend or settle all claims and actions brought against INKA by third parties arising out of or related (i) to Your use of the Services, Software or Documentation and any third party access or use of same, or (ii) Your breach of the Agreement or any other restrictions or guidelines provided by INKA.

11.3 EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN INKA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SERVICES, SOFTWARE OR DOCUMENTATION, INCLUDING ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON- INFRINGEMENT OR PERFORMANCE AND ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, USAGE OR TRADE AND THOSE WHICH MAY BE IMPLIED BY LAW. INKA DOES NOT WARRANT THAT INKA’S ANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPSEALING SERVICES AND OTHER SERVICES RENDERED BY INKA, INKA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INKA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INKA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INKA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY INKA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVCIES, SOFTWARE AND DOCUMENTATION AND NO AGENT OF INKA IS AUTHORIZED TO ALTER SAME. ALL ALTERATIONS SHALL BE IN WRITING AND SIGNED BY INKA.

11.4 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, SOFTWARE AND DOCUMENTATION.

11.5 IN NO EVENT SHALL INKA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES, SOFTWARE OR, DOCUMETATION, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

11.6 THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR INKA TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY INKA, INKA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

11.7 NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, INKA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS ‘S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT AND THE LICENSE AND USE OF THE SERVICES, SOFTWARE OR DOCUMENTATION UNDER ANY AND ALL CIRCUMSTANCES, ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF: (A) THREE HUNDRED ($300.00) US DOLLARS, OR (B) THE LICENSE FEES ACTUALLY PAID BY YOU TO INKA UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE FINAL ACT OR EVENT WHICH GAVE RISE TO SUCH LIABILITY.

11.8 SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. NONASSIGNABILITY

You shall not assign this Agreement or any of Your rights hereunder without the prior written consent of INKA.

13. MISCELLANEOUS

13.1 This Agreement as amended from time to time contains the entire understanding and agreement between INKA and You respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except in the manner described above or by an instrument in writing signed by each party’s duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.

13.2 All notices, authorizations and requests in connection with this Agreement shall be deemed to be made in South Korea and to be given (i) immediately if personally delivered or if provided by e-mail, (ii) five days after being deposited in the mail, postage prepaid, certified or registered, return receipt requested; or (iii) one day after being sent by overnight courier, charges prepaid; and addressed as first given above or to such other address as the party to receive the notice designates by written notice to the other.

13.3 Governing Law. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of South Korea (without reference to conflicts of laws principles). The Services shall be deemed to be provided from South Korea, and this Agreement to be, in all respects, a South Korean contract.

13.4 Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of this Agreement and any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable that provision in any other jurisdiction. For any provision severed there will be deemed substituted a like provision to accomplish the intent of the parties as closely as possible to the provision as drafted, as determined by any court or arbitrator having jurisdiction over any relevant proceeding, to the extent permitted by the applicable law.

13.5 Force Majeure.  INKA shall be under no liability whatsoever in the event of non-availability of any portion of the Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of INKA

AppSealing Terms of Service (archive)

Last updated: March 02, 2016.

 

This AppSealing Service Agreement ( the “Agreement”) is by and between You (individually and/or on behalf of the organization which you represent) and INKA Entworks Inc., (“INKA” or “We”) and takes place when you click an “I Accept” button or check box presented with these terms or, if earlier, when you agree to all of the terms and conditions of this Agreement. You represent to us that you are lawfully able to enter into contracts.

If you are residing in a jurisdiction which restricts the use of internet-based applications due to age limits, or which restricts the ability to enter into agreements due to the User’s (or your) age and you are subject to such age limits in such jurisdiction, you must not enter into this Agreement and download, install or use the Software or use the Services.

1. DEFINITIONS

The following terms shall have the following meanings when used in this Agreement:

“Agreement” means this AppSealing Service Agreement.

“User” means those who create an account associated with a valid e-mail address and permitted to use service by INKA.

“End User” means any individual or entity that directly or indirectly runs Your mobile applications through another user.

“Service site” means https://www.appsealing.com and/or any successor or related site designated by us.

“Documentation” means all manuals, documentation and other related materials, or any portion thereof, pertaining to the Services and/or Software provided or made available by INKA to you in conjunction with the Services and/or Software.

“Software” means the computer programs and all related files, or any portion thereof, as may be amended from time to time and provided or made available by INKA to you under the terms of this Agreement.

“Service” means a service or services developed and designed by INKA in order to protect mobile Applications, and prevents such mobile Applications from any illegal activities, including, but not limited to, illegal computer source distribution/use and code alteration of the Application.

“Returned Device”, means the number of unique device operating mobile application(s) which uses AppSealing Service and its software and return to the same mobile application within a week (7 days) post-initial activation.

“Business Day” shall mean a day other than a Saturday, Sunday or public holiday in Korea.

2. USE OF THE SERVICE

To Access and use the Service, you must create an account with a valid email address. Except where INKA has notice of loss, theft or unauthorized use of user’s account information, You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or your affiliates or agents.

Where we offer you the ability to choose your own name(s) in connection with the Services, we will use reasonable efforts to assign such name(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any name that (i) has already been assigned, (ii) in our sole discretion, is offensive, violates applicable law, attempts to reserve name(s) without the intent to use them, attempts to impersonate another, (iii) or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where we reject a requested name, we may, in our sole discretion, assign an alternate name, ask you to select another name or terminate this Agreement.

INKA may, from time to time, change, discontinue, remove features or functionality or the Service. INKA will notify you of any material change to (i.e. discontinuation ) the Service.

3. LICENSES

INKA hereby grants, and you hereby accept, subject to the terms and conditions of this Agreement, revocable, non-exclusive, non-assignable worldwide license to use the Services, Software and Documentation.

You shall only use the Services, Software and Documentation for your own personal use or in support of your own business and shall not make the Services, Software or Documentation available to any third party. All rights expressly granted to you are solely reserved by INKA.

Except expressly permitted by INKA, you shall not (i) sublicense, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any part thereof in any way, or (ii) modify,make derivative works based upon the Service or reverse engineering, decompile, or disassemble the Service.

4. YOUR RESPONSIBILITIES

You are solely responsible for the content of any communications or mobile application by you with third parties or end user including any communications about, concerning or through the Services or Software. You agree that you will not use the Services in any illegal or unlawful manner or for any illegal or unlawful purpose. INKA will not review or screen your Content on a regular basis for compliance with this Agreement or applicable law.

Although INKA is not responsible for any such content, we may delete any such content of which we become aware, at any time without notice to you.

You shall be responsible for securely backing up the source code of mobile application for which you use the service. The Service does not provide any back up service of the mobile application or the source code of such application which you uploaded to the Service site.

5. FEES AND PAYMENT

We calculate and bill fees and charges monthly. INKA shall issue the invoice to the User’s email account within Ten (10) business days from the last day of the previous calendar month.

You shall pay INKA the applicable fees and charges within Twenty (20) business days from the date of the issuance of an invoice for use of the Service as described on the Service Site using one of the payment methods we support. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges to the Service site.

Late payments shall be subject to late fees at the rate of 1.5% per month or, if lower, the maximum rate allowed by law. If company fails to pay applicable fees and charges by the due date, INKA shall have the right to immediately suspend delivery of all or a portion of the Service to you.

All fees and charges payable by you are exclusive of applicable taxes and duties, including but not limited to, any applicable value added tax, sales tax, or excise tax.

6. TERM AND TERMINATION

The terms of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with this Agreement.

You may terminate this Agreement for any reason by providing us notice and closing your account for the Service. We may terminate this agreement for any reason by providing you 30 days advance notice.

Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party until the defaulting party has cured the material default or breach within 30day notice period.

Upon any termination of this Agreement, all your rights under this Agreement are immediately terminated but you remain responsible for all fees and charges you have incurred through the date of termination.

Upon the termination, you shall immediately return or, destroy all software and documentation of the Service in your possession.

You shall have your mobile application run without any features and functions added by the Service immediately. The features and functions of the Service can be removed by rebuilding your application on your side without uploading to the Service site.

7. TITLE & BACKUP

You agree that title to and ownership of the Services, Software (including all source code) and Documentation and any modifications made thereto and all intellectual property rights therein shall at all times be held by INKA or its suppliers.

You shall not have any right, title or ownership interest in the Services, Software and Documentation except the limited right to use the Services, Software and Documentation as explicitly provided in this Agreement.

8. CONFIDENTIALITY

Unless required otherwise by law, all information exchanged between INKA and You will be considered non-confidential. If you wish to exchange confidential information, such exchange will be made under a separate confidentiality agreement.

Notwithstanding the foregoing, you acknowledge and agree that the Services, Software and Documentation contain valuable confidential information and proprietary technology of INKA and its suppliers. The Services, Software and Documentation, other than through its normal usage, shall be kept in confidence and not used for any purpose other than as permitted hereunder and shall not be disclosed to any third party except as required for you to use the Services and Software.

You may not create derivative forms or modify, decompile or reverse engineering the Software or do anything that will reveal or generate the source code of the Software. Any such act will be deemed to constitute a trespass on the rights, titles and interests of INKA and its suppliers, and constitute a proper ground for immediate termination of this Agreement.

9. MODIFICATIONS OF THE AGREEMENT

We may modify this Agreement (including any Policies) at any time by positing a revised version on the Service site and we may send a message to the email address associated with your account. The modified terms will become effective upon posting or, sending a message to your email address. You agree to be bound to any changes to this Agreement when you use the service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. It is your responsibility to check the Service Site regularly for modifications to this Agreement and keep your email address current.

10. DATA COLLECTION

You understand and agree that using the Service will enable INKA to collect, store, and use data relating to application package name, rooting status, OS (Operating System) version and model name of the end user’s device and country code.

You shall publicly post, maintain, and comply with an accurate privacy policy consistent with this Agreement and ensure that you have any and all necessary rights (including, to the extent necessary, the express consent of End Users) to enable INKA to lawfully collect and share the data under this Agreement and any applicable separate agreement of INKA’s Service.

11. WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

You acknowledge that you have or will have independently determined that the Services, Software and Documentation meet your requirements and that you shall not rely on any representation made, or information provided, by INKA as to the suitability of the Services, Software or Documentation for any particular purpose.

You agree to indemnify and hold harmless INKA from and against any claims, demands or causes of action whatsoever, and shall defend or settle all claims and actions brought against INKA by third parties arising out of or related to your use of the Services, Software or Documentation and any third party access or use of same, howsoever such claim or action shall have occurred or arose.

EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN INKA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SERVICES, SOFTWARE OR DOCUMENTATION, INCLUDING ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON- INFRINGEMENT OR PERFORMANCE AND ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, USAGE OR TRADE AND THOSE WHICH MAY BE IMPLIED BY LAW. INKA DOES NOT WARRANT THAT INKA’S ANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPSEALING SERVICES AND OTHER SERVICES RENDERED BY INKA, INKA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INKA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INKA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INKA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY INKA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVCIES, SOFTWARE AND DOCUMENTATION AND NO AGENT OF INKA IS AUTHORIZED TO ALTER SAME. ALL ALTERATIONS SHALL BE IN WRITING AND SIGNED BY INKA.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, SOFTWARE AND DOCUMENTATION.

IN NO EVENT SHALL INKA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES, SOFTWARE OR, DOCUMETATION, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR INKA TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY INKA, INKA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, INKA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS ‘S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT AND THE LICENSE AND USE OF THE SERVICES, SOFTWARE OR DOCUMENTATION UNDER ANY AND ALL CIRCUMSTANCES, ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF: (A) THREE HUNDRED ($300.00) US DOLLARS, OR (B) THE LICENSE FEES ACTUALLY PAID BY YOU TO INKA UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE FINAL ACT OR EVENT WHICH GAVE RISE TO SUCH LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. NONASSIGNABILITY

You shall not assign this Agreement or any of your rights hereunder without the prior written consent of INKA.

13. MISCELLANEOUS

This Agreement contains the entire understanding and agreement between INKA and You respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except in the manner described above or by an instrument in writing signed by each party’s duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.

All notices, authorizations and requests in connection with this Agreement shall be deemed to be made in South Korea and to be given (i) immediately if personally delivered or if provided by e-mail, (ii) five days after being deposited in the mail, postage prepaid, certified or registered, return receipt requested; or (iii) one day after being sent by overnight courier, charges prepaid; and addressed as first given above or to such other address as the party to receive the notice designates by written notice to the other.

Governing Law. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of South Korea (without reference to conflicts of laws principles). The Services shall be deemed to be provided from South Korea, and this Agreement to be, in all respects, a South Korean contract.

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of this Agreement and any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable that provision in any other jurisdiction. For any provision severed there will be deemed substituted a like provision to accomplish the intent of the parties as closely as possible to the provision as drafted, as determined by any court or arbitrator having jurisdiction over any relevant proceeding, to the extent permitted by the applicable law.

Force Majeure. Neither party shall be liable to the other party or its affiliates for non-performance or delay in performance of any of its obligations under this Agreement, other than the obligation to pay amounts due to the other party in a timely manner, due to causes reasonably beyond its control such as acts of God, including, but not limited to, fire, flood, epidemic, natural disasters, strikes, lock-out, labor trouble, shortages of transportation, facilities, fuel, or energy, other industrial disturbances, lack of raw materials, unavoidable accidents, governmental regulations, wars, riots, embargoes, or acts of civil or military authorities. Immediately after the cause is removed, the party suffering the events of force majeure shall perform such obligations with all due speed. Should any event of force majeure continue for thirty (30) days or more, either party may terminate this Agreement upon written notice to the other party.

Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreements, whether written or oral.

AppSealing Private Policy

Last updated: Apr 13, 2015

 

This privacy policy discloses the privacy practices for this website (www.appsealing.com), owned and operated by INKA ENTWORKS, Inc. (“INKA”). INKA knows that you care how information gathered via this website is used and shared, and we appreciate your trust that we will do so carefully and sensibly.

This privacy policy applies solely to information collected by this website and sets out how INKA uses and protects any information that you give INKA when you use this website. It will notify you of the following:

  • What personally identifiable information is collected from you through the website
  • How the information gathered via this website is used
  • The security procedures in place to protect the misuse of your information
  • How we use cookies
  • Links to other websites
  • Controlling your personal information
  • How you can correct any inaccuracies in the information
  • Surveys & Contests

INKA is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

INKA may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective on January 13, 2014.

WHAT PERSONALLY IDENTIFIABLE INFORMATION IS COLLECTED FROM YOU THROUGH THE WEBSITE

In order to use this website, you must first complete the registration form. During registration you are required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. We may collect the following information:

  • a user and his/her company name
  • contact information of a user, including name and email address

HOW THE INFORMATION GATHERED VIA THIS WEBSITE IS USED

The information is indispensable in order to understand your needs, which helps us provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • The information may be used in order to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you via email. We may use the information to customize the website according to your interests.

SECURITY/SECURITY PROCEDURES

We take precautions to protect your information. When you submit sensitive information via this website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

HOW WE USE COOKIES

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web-page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data will be removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which are not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave this website, you should note that we do not have any control over that other website. Therefore, we are not responsible for the content or privacy practices of such other sites and for any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information in the following ways:

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at contact@appsealing.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

HOW YOU CAN CORRECT ANY INACCURACIES IN THE INFORMATION

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

SURVEYS & CONTESTS

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

AppSealing Service Level Agreement

Last updated: Jul 06, 2015

 

This Agreement represents a Service Level Agreement (“SLA”) between INKA and You for the AppSealing Service. This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders. The terms and conditions of this SLA are subject to the terms of the AppSealing Service Agreement, made on July 6, 2015 between INKA and the User. AppSealing Service shall make a good faith effort to make the User’s commercial success in its Application under this SLA.

This Agreement outlines the parameters of the AppSealing Service covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.

INKA solely retains the right to change the terms and conditions of the SLA.

DEFINITION

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes in which AppSealing Serviceis is in the state of “Unavailable” during the applicable month. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AppSealing SLA Exclusion. (defined below)

“Unavailable” means when a User is unable

  • to access service or login.
  • to upload mobile application file(s) for AppSealing Service.
  • to download the Sealed mobile application file at AppSealing Service website.
  • to perform intended functions under this Agreement due to an AppSealing server error.

“Service Credit” means the credit which AppSealing Service issues to the associated account of the User.

THE COMPENSATION OF SERVICE CREDITS

Service Credits are calculated as a percentage of the minutes when the AppSealing Service is “Unavailable” in a monthly payment cycle at issue out of the total charges paid by the User.

When monthly uptime percentage is less than 99.0%, ten (10) percent of the applicable monthly payment shall be paid as the Service Credit for the compensation.

We will apply any Service Credits only against future AppSealing Service payments otherwise due from the User.

No cash refund for the Service Credit is allowed.

A Service Credit will be applicable and issued only if the credit amount for the applicable monthly payment cycle is greater than one dollar (USD $1 )

Service Credits may not be transferred or applied to any other user or the third party.

Unless otherwise provided in the AppSealing Service Agreement, the User’s sole and exclusive remedy for any unavailability, non-performance, or other failure to use AppSealing Service is a Service Credit (if eligible) in accordance with the terms of this SLA.

PROCEDURE FOR COMPENSATION AND PAYMENT

Service Credit request shall be made through Helpdesk, with the subject of “SLA Service Credit Request”. The following information should be included in such request.

  • The date and the specific time of unavailability at issue.
  • The detailed description of unavailability and the copy of the screen shots.
  • Service Credit shall not be issued upon insufficient evidence of unavailability.
  • INKA must receive the request for the Service Credit no later than the date of a regular payment request for the applicable month after the incident at issue occurs.

When INKA considers AppSealing Service does not fulfill the Monthly Uptime Percentage under the SLA, Service Credit will be issued within the second payment cycle from the month the credit request is received.

If an additional request is not made by the date of issuance of an invoice, such invoice will be issued, reflecting the remaining Service Credit if any.

After invoice is issued, if the request is made that Credit will not be used, a new invoice will be reissued in accordance with such request. (i.e. credit adjustment)

AppSealing SLA EXCLUSION

The SLA shall not be available to the User whose contract/agreement has been terminated.

The SLA shall not be available to system failure caused by factors outside of our reasonable control, including any force majeure event or network failure beyond INKA’s control.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue at our discretion a Service Credit as the consideration of such factors.