Mobile App Terms and Conditions

1. GENERAL AND AGREEMENT

1.1. By installing the Application (as defined below), you agree to be bound by these terms of use (“appterms”). Please review them carefully before installation and/or acceptance.

1.2. This End-User License Agreement (“EULA”) is a legal agreement between you and Aribada (“we”, “us” or “our”) which governs your use of the Aribada’s Apps. By installing or otherwise using the Aribada’s Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Aribada’s App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Aribada’s App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Aribada’s App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Aribada’s App shall constitute reasonable means. Your continued use of the Aribada’s Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Aribada’s Apps. Do not use the Aribada’s Apps until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the EULA.
NOTICE TO CONSUMERS: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
Use of the Aribada’s Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Aribada’s Apps. The Aribada’s Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Aribada’s Apps if you download or install the Aribada’s Apps through such marketplaces.

2. DEFINITIONS

The “Application” or “Apps” shall mean the software provided by Aribada Inc. to offer services related to Aribada’s services and its partners’ services, to be used on Apple iOS and Android OS and MacOS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.

3. DATA PROTECTION

Any personal information you supply to Aribada when using the Application will be used by Aribada in accordance with its Privacy Policy.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

4.1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Aribada’s Apps or use the Aribada’s Apps for the benefit of any third party. Unless expressly authorized by Aribada or permitted under the applicable mobile platform terms, you are prohibited from making the Aribada’s Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Aribada’s Apps, except to remove Aribada’s Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Aribada’s Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Aribada’s Apps in any way. You do not have the right to and may not create derivative works of any Aribada’s Apps or any portions thereof. All modifications or enhancements to the Aribada’s Apps remain the sole property of Aribada.
4.2. Aribada’s Apps Updates. We reserve the right to add or remove features or functions to existing Aribada’s Apps. When installed on your mobile device, the Aribada’s Apps periodically communicate with our servers. We may require the updating of the Aribada’s Apps on your mobile device when we release a new version of the Aribada’s Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Aribada’s Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Aribada’s Apps may be ended upon the availability of updates, supplements or subsequent versions of the Aribada’s Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Aribada’s Apps.
4.3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Aribada’s Apps. If you access an Aribada’s App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Aribada’s Apps from your device. Downloading, installing or using certain Aribada’s Apps may be prohibited or restricted by your network provider and not all Aribada’s Apps may work with your network provider or device. Aribada makes no representation that the Aribada’s Apps can be accessed on all devices or wireless service plans. Aribada makes no representation that the Aribada’s Apps are available in all languages or that the Aribada’s Apps are appropriate or available for use in any particular location.
4.4. In-App Purchases & Cancellation Rights. Certain Aribada’s Apps will allow you to make an in-application purchase. Payment for such purchases may be processed third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple). By confirming the purchase , you:

(a) agree that we will supply you the purchased service or item immediately after you have confirmed the purchase in the Aribada’s App;
(b) if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the service or item; Please review the mobile platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app.
and (c) acknowledge that, to the extent permitted by law, all sales are final and that Aribada is not required to provide a refund for any reason.

4.5. Subscription Services.

Certain Aribada on the Apple App Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple).
- Auto-renew subscription services of “한자공부Q 2”
  - Title of auto-renewing subscription: 프리미엄 기능 (1개월)
  - Price: KRW 1,000 (+ tax)
  - Length of subscription: monthly auto-renew subscription
  - Title of auto-renewing subscription: 프리미엄 기능 (6개월)
  - Price: KRW 5,000 (+ tax)
  - Length of subscription: monthly auto-renew subscription
  - Title of auto-renewing subscription: 프리미엄 기능 (1년)
  - Price: KRW 8,000 (+ tax)
  - Length of subscription: monthly auto-renew subscription
The subscription automatically renews for the same price and duration period as the original weekly/monthly/yearly plan unless auto-renew is turned off at least 24-hours before the end of the current period.
The payment will be charged to your iTunes Account when you confirm the purchase.
Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple). See below in paragraph 6 (“Trial Periods“) for further information.
You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes account (open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > Assembly > Cancel Subscription button at the bottom.
). The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (“In-App Purchases & Cancellation Rights“) for further information. If you want to know more about this, please go to http://support.apple.com/kb/ht4098
You can switch subscription plan anytime. Just open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > AppName > select the subscription plan you are after.
Any unused portion of a free trial period will be forfeited when the user purchases our subscription.

5. INTELLECTUAL PROPERTY

The Aribada’s Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Aribada are Aribada’s property or the property of Aribada’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Aribada’s Apps. All rights not expressly granted hereunder are expressly reserved to Aribada and its licensors.
The Aribada’s names, logos and affiliated properties, are the exclusive property of Aribada or its affiliates. All other trademarks appearing on any Aribada’s App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Aribada App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

6. AVAILABILITY

6.1. This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Aribada will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Aribada’s reasonable control.
6.2. Aribada, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
6.3. Aribada will not be responsible for any support or maintenance for the Application.

7. SYSTEM REQUIREMENTS

7.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
7.2. The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English, Italian, German, Spanish, French.
7.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.

8. TERMINATION

8.1. Aribada may terminate use of the Application at any time by giving notice of termination to you.
8.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;

9. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARIBADA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARIBADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ARIBADA’S APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE ARIBADA’S APPS. IN NO EVENT SHALL ARIBADA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ARIBADA’S APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE ARIBADA’S APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

10. DISCLAIMER OF WARRANTIES

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL ARIBADA’S APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, ARIBADA, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, ARIBADA MAKES NO WARRANTY THAT THE ARIBADA’S APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE ARIBADA PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE ARIBADA’S APPS WILL MEET YOUR EXPECTATIONS. ARIBADA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR ARIBADA’S APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ARIBADA’S APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ARIBADA’S APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARIBADA’S APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ARIBADA’S APPS REMAINS SOLELY WITH YOU.
ARIBADA EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.