This is an English translation provided for convenience. If there is any discrepancy between this translation and the Korean version, the Korean version prevails.
Chapter 1 General Provisions
Article 1 (Purpose)
The purpose of these Terms is to set forth the rights, obligations and responsibilities of 더소비 (the "Company") and Members, and other necessary matters, in connection with the use of the Inflip service operated by the Company (including the website and mobile apps; the "Service").
Article 2 (Definitions)
The terms used in these Terms have the following meanings.
"Member" means a person who has agreed to these Terms, registered for the Service and uses the Service.
"IP" means identity indicia and works that a Member may lawfully license, such as the Member's own name, brand, likeness (photographs), videos, voice and appearances, and the rights relating thereto.
"IP Product" means a unit of sale of IP usage rights registered by a Seller on the Service. A single IP Product includes one or more "Rights" (such as name and brand usage rights, photo usage rights, video usage rights, voice usage rights, co-branding, merchandise production rights and appearance rights) and the contract terms of each Right.
"Seller (Licensor)" means a Member who registers his or her IP Product and grants permission for its use.
"Buyer (Licensee)" means a Member who purchases an IP Product, or negotiates terms, and receives permission for its use.
"Contract Terms" means the contents of a License contract, such as the period of use, territory of use, exclusivity, purpose of use, permitted scope of modification, prohibited industries, whether prior approval is required, measures upon violation, pricing method (fixed price, sales royalty, or a combination of both) and special terms.
"Terms Negotiation" means the procedure by which a Buyer and a Seller propose and respond to prices and Contract Terms within the Service and reach an agreement.
"License" means a certificate of permission to use IP, issued by the Seller after the contract is formed, stating the Contract Terms and the period of use.
"Purchase Confirmation" means the Buyer's confirmation that the License contract has been performed as agreed; settlement of the sale proceeds begins after Purchase Confirmation.
"Royalty" means, under a sales royalty contract, the amount paid to the Seller calculated by multiplying the sales reported by the Buyer by the agreed rate.
"Fee" means the amount the Company deducts from transaction proceeds and Royalties as consideration for providing the Service.
"Settlement Amount" means the amount the Company pays to the Seller after deducting the Fee from the transaction proceeds or Royalties.
"Sponsorship" means a recruitment service in which a Member (the "Sponsorship Registrant") provides products, services or the like, and verified influencer Members (the "Applicants") experience and promote them.
"Posts" means writings, comments, photographs, videos, files, links, chat messages and the like uploaded by Members to the Service.
"Operation Policy" means the detailed usage standards established by the Company and posted on the Service as delegated by these Terms.
Article 3 (Posting and Amendment of the Terms)
The Company posts the contents of these Terms, together with its trade name, representative, business address, business registration number, contact information and the like, on the Service screens so that Members can easily find them.
The Company may amend these Terms to the extent that doing so does not violate relevant laws, such as the Act on the Regulation of Terms and Conditions, the Act on the Consumer Protection in Electronic Commerce, and the Act on Promotion of Information and Communications Network Utilization and Information Protection.
When the Company amends the Terms, it announces the effective date and the reasons for the amendment on the Service from 7 days before the effective date until the day before the effective date. However, where a change is unfavorable to Members or material, the Company announces it from 30 days before the effective date and notifies Members individually by notifications or the like.
When mandatory terms are amended, Members are asked to consent to the amended terms when accessing the Service. Members may postpone consent before the effective date, but from the effective date they must consent to the amended terms to continue using the Service. Members who do not consent may withdraw their membership.
Individual License contracts already formed are governed by the Contract Terms fixed at the time each contract was formed, and an amendment of the Terms does not change those Contract Terms.
Article 4 (Rules Other Than the Terms)
Matters not provided for in these Terms are governed by the Operation Policy, the guidance on the Service screens, and relevant laws or commercial practice. The Operation Policy forms part of these Terms, and if these Terms and the Operation Policy differ, these Terms prevail.
Chapter 2 Members
Article 5 (Membership Registration)
Membership registration is made by logging in with a social account designated by the Company (Google, Apple, Kakao, etc.) and agreeing to the mandatory terms, including these Terms.
Only persons aged 14 or older may register for the Service.
The Company may refuse to accept, or subsequently terminate the service agreement for, an application falling under any of the following.
Where another person's name or account is used
Where the applicant is under the age of 14
Where a Member whose use has been restricted under these Terms re-registers to evade that restriction
Other cases violating relevant laws or these Terms
A single Member may act in both Seller and Buyer roles, and there is no separate distinction between business and influencer accounts.
Article 6 (Management of Member Information)
Members must keep their Member information, such as nickname, contact information, settlement account and refund account, accurate, and must promptly update it on the Service when it changes.
Any damage arising from a failure to update Member information (such as erroneous remittance of Settlement Amounts or refunds) shall be borne by the Member. However, this does not apply to damage caused by the Company's intent or negligence.
Nicknames are visible to other Members within the Service, and the Company may request a change to, or directly change, a nickname that impersonates another person, infringes rights, or is contrary to public order and morals.
Article 7 (Management of Accounts and PINs)
Members are responsible for managing their accounts and login means (social accounts, PINs, etc.).
Members may not transfer, lend or share their accounts with others, or provide them as collateral.
If a Member becomes aware that his or her account has been stolen or is being used by another person, the Member must immediately notify the Company and follow the Company's instructions.
Important actions, such as registering or changing a settlement account or refund account and withdrawing membership, require identity verification such as a PIN.
Article 8 (Membership Withdrawal)
Members may apply to withdraw from the Service at any time.
However, to protect transaction counterparties and the Company, if any of the following remain, the Member may withdraw only after they have been processed.
IP Products on sale or under review
Orders in progress (purchases and sales) and royalty contracts that have not ended
Refunds in progress, Settlement Amounts not returned, Settlement Amounts not yet paid, and deposit returns not yet received
Sponsorships recruiting or under review, and Sponsorship applications in progress
A Member whose use has been restricted may withdraw after the restriction has been lifted.
Upon withdrawal, the Member can no longer view issued Licenses on the Service. Members must download and keep any necessary License certificates before withdrawal.
Community Posts written by a withdrawn Member and chats exchanged with transaction counterparties may not be deleted, for the use of other Members and the preservation of transaction records. Members who wish to have Posts deleted must delete them personally before withdrawal.
The retention and destruction of personal information after withdrawal are governed by the Privacy Policy.
Article 9 (Restrictions on Use)
If a Member violates these Terms, the Operation Policy or relevant laws, or interferes with the normal operation of the Service, the Company may take measures such as a warning, deletion of Posts, suspension of sale of IP Products, or suspension of use of the Service. Specific standards are governed by the Operation Policy.
When suspending use, the Company notifies the Member of the reason. A Member whose use has been suspended cannot log in, and that Member's public IP Products and profile are not displayed. Transactions already in progress continue to be processed in accordance with these Terms.
If a Seller does not return a Settlement Amount by the return deadline under Article 29, the Company suspends that Seller's use of (access to) the Service, and lifts the suspension once the return has been confirmed.
Members may file an objection to a restriction on use with the Customer Center (1:1 Inquiry), and if the Company finds the objection justified, it will immediately lift the restriction.
Article 10 (Notices to Members)
The Company gives notice to Members through the in-Service notification box, app push notifications, the email registered by the Member, and the like.
Notice to all Members may be substituted by posting on the Service screens for 7 days or more. However, matters that materially affect a Member's transactions are notified individually.
Members cannot turn off notifications relating to transactions, security and settlement.
Chapter 3 The Service
Article 11 (Contents of the Service)
The Service provided by the Company is as follows.
Registration, review, display and search of IP Products
Terms Negotiation, orders, payment collection agency, issuance and management of Licenses, royalty reporting and collection agency, and settlement agency
Receipt of and mediation support for disputes and violation reports, and support for processing contract terminations and refunds
Registration of and application for Sponsorships
SNS channel verification and display of follower tiers
Community, 1:1 chats and transaction chats, and Customer Center (1:1 Inquiry)
Other services determined and provided by the Company
Article 12 (Status of the Company)
The Company is a mail-order brokerage that intermediates IP license transactions between Sellers and Buyers, and is not a party to License contracts. License contracts are formed between Sellers and Buyers.
To facilitate transactions, the Company acts as agent for payment collection and settlement, collecting transaction proceeds and Royalties and paying them to Sellers after deducting Fees.
Each party is responsible for the accuracy of the IP and Contract Terms registered by the Seller, for whether the Seller holds legitimate rights to that IP, and for whether the Buyer complies with the Contract Terms. However, the Company faithfully performs the obligations set forth in these Terms, such as product review and dispute mediation support.
Article 13 (Changes to and Suspension of the Service)
The Company may change all or part of the Service as needed for operational or technical reasons, and gives advance notice of material changes unfavorable to Members in accordance with Article 3, Paragraph 3.
The Company may temporarily suspend the Service due to equipment inspection or replacement, failures, natural disasters, communication outages or the like, and if advance notice is not possible, gives notice afterward.
Even if the Service is suspended, License contracts already formed and settlement obligations are processed in accordance with these Terms.
Chapter 4 IP Products and Transactions
Article 14 (Registration and Review of IP Products)
Sellers may register only IP to which they hold legitimate rights or which they are authorized to license.
Registered IP Products are made public after being reviewed and approved by the Company. The Company may reject or suspend the sale of IP Products falling under any of the following, and notifies the Seller of the reason.
Where the Seller has no legitimate rights or there is a risk of infringing another person's rights
Where the Contract Terms are unclear or untrue
Where the product is contrary to relevant laws or the Operation Policy
Changes to the description and price of an IP Product on sale take effect immediately, but if a Right is added or Contract Terms are changed, that Right is reviewed again. The Contract Terms of a Right with transactions in progress cannot be changed.
Sellers may end the sale of an IP Product themselves. However, if there are orders or Terms Negotiations in progress, the sale may be ended only after they have been processed. Licenses already issued remain in effect even after the sale has ended, and resuming the sale requires a new review.
An IP Product that has been made public even once cannot be deleted, in order to preserve Buyers' contract records.
Article 15 (Terms Negotiation)
Buyers may propose prices and Contract Terms to the Seller for the Rights of an IP Product, and the Seller may accept, reject or make a counter-proposal.
Each proposal has a response deadline (displayed on the Service screen; currently 7 days from each proposal), and if there is no response within the deadline, the proposal expires.
When the other party accepts the last proposal, a License contract is formed on those terms.
Article 16 (Orders and Formation of Contracts)
A License contract is formed between the Seller and the Buyer when the Buyer reviews the Contract Terms and price of an IP Product and places an order, or when acceptance occurs in Terms Negotiation.
The Contract Terms, price, Fee rate and the reference time zone for contract dates (the time zone of the Seller's account) at the time the contract is formed are fixed and retained, and any subsequent change of sale terms by the Seller or change of the Fee rate by the Company does not affect contracts already formed.
Members may not purchase their own IP Products, and may not transact with Members with whom they are in a blocking relationship.
Article 17 (Payment)
Payment is made by bank transfer to the account designated by the Company on the Service. The Buyer must deposit the exact amount displayed on the order screen within the deposit deadline (displayed on the order screen; currently 24 hours after the order).
If the deposit is not confirmed by the deposit deadline, the order is automatically cancelled.
If the deposited amount differs from the order amount or the deposit is made after the deadline, the Company processes it as follows and notifies the Buyer accordingly.
Overpayment: the order amount is confirmed as payment, and the excess is returned to the Buyer's refund account.
Underpayment: the entire amount received is returned and the order is cancelled.
Deposit after the deadline: if the order can proceed again, the deposit is confirmed as payment; otherwise, the amount received is returned.
Before issuing the License, the Seller may request an additional payment in accordance with the Contract Terms, and the Buyer must deposit the additional payment within the notified deadline.
The Buyer may cancel the order before the deposit is confirmed.
Article 18 (Issuance of Licenses)
Once the deposit is confirmed, the Seller prepares the details to be issued, such as the start date of use, and issues the License after the Buyer has confirmed them. Only the Seller personally may issue the License.
The Seller must issue the License without delay after the deposit is confirmed. If issuance is delayed, the Buyer may apply for a refund before issuance.
The period of use runs for the contract period from the start date of use stated in the License, and the License expires once the expiration date has passed. If an extension of the period is needed, a new order must be placed.
Changing the contents of an issued License requires a proposal by the Company and the consent of both the Seller and the Buyer.
Article 19 (Purchase Confirmation)
After the License is issued, the Buyer checks whether the contract has been performed as agreed and makes the Purchase Confirmation.
If there is no Purchase Confirmation or dispute application until the period designated by the Company on the Service (currently 14 days) has elapsed from the start date of use, Purchase Confirmation is made automatically. The Company notifies the Buyer before automatic Purchase Confirmation.
Automatic Purchase Confirmation does not proceed while a dispute, a refund or a suspension of License use is in progress.
Article 20 (Use of Licenses)
The Buyer must use the IP only within the scope of the Contract Terms stated in the License (period of use, territory, exclusivity, purpose of use, scope of modification, prohibited industries, prior approval, special terms, etc.).
Under a contract requiring prior approval, the Buyer must obtain the Seller's approval before executing any output that uses the IP.
If the Buyer violates the Contract Terms, the Buyer is subject to the measures upon violation set forth in the License (cessation of use, penalty, compensation for damages, etc.) and to liability under relevant laws.
The Company may temporarily suspend the use of a License where necessary, such as for a dispute investigation, and notifies the parties of the reason. The period of use is not extended by the suspension period, and the Purchase Confirmation deadline is postponed by the length of the suspension.
Article 21 (Royalties)
Under a sales royalty contract, the Buyer must each month report the previous month's sales on the Service by the payment date set forth in the License, and deposit into the account designated by the Company the Royalty calculated by multiplying the reported sales by the agreed rate.
The Buyer must report sales faithfully and accurately and, upon the Seller's request, provide evidence of sales.
The Seller may reject a report before the deposit is confirmed, or raise an objection to the contents of a report.
If there is no report or deposit by the payment date, it is treated as overdue, and the Company notifies the parties. Liability for delinquency is governed by the License contract and relevant laws.
The obligation to pay Royalties survives with respect to sales up to the month in which the period of use ends or the contract is terminated.
Article 22 (Disputes and Violation Reports)
If there is a problem with the performance of the contract after the License is issued, the Buyer may file a dispute on the Service. A dispute may be filed even after the Settlement Amount has been paid.
If the Seller determines that the Buyer has violated the Contract Terms, the Seller may file a violation report on the Service.
When a dispute is filed, Purchase Confirmation and settlement are suspended, and the Company reviews the opinions and evidence of the parties and supports mediation. The Company may dismiss the dispute, or resolve it by a full refund or contract termination, and notifies the parties of the result and the reasons.
The Company's mediation is intended to assist an amicable resolution between the parties, and the parties may use the procedures of dispute mediation bodies or courts under relevant laws.
Article 23 (Termination of Contracts)
The Company may process the termination of a License contract when a legitimate cause is confirmed, such as agreement of the parties, a material breach of contract by the Buyer or the Seller, or a mistake.
The time at which the termination is processed is the time the termination takes effect, and use up to the termination date is deemed legitimate use. Royalties are paid on sales up to the month that includes the termination date.
Upon termination, prepaid amounts already paid may be non-refundable, or partially or fully refunded, depending on the cause of termination and the extent of use, and the Company notifies the parties of the details and the reasons.
Chapter 5 Withdrawal of Offers and Refunds
Article 24 (Withdrawal of Offers and Refunds)
The Buyer may apply for a refund on the Service after making the deposit and before the License is issued, in which case the Buyer receives a refund of the full payment amount.
Since a License is a digital provision of rights under which permission to use the IP begins immediately upon issuance, withdrawal of an offer due to a mere change of mind is restricted after the License has been issued, in accordance with Article 17, Paragraph 2, Subparagraph 5 of the Act on the Consumer Protection in Electronic Commerce. The Company displays this fact on the Service screen before purchase.
Notwithstanding Paragraph 2, if the contents of the License differ from those labeled or advertised, or the contract is performed differently from its contents, the Buyer may file a dispute under Article 22, and rights such as withdrawal of offers under relevant laws are not restricted.
Refunds are remitted to the refund account registered by the Buyer after approval by the Company. The Company may make a partial refund within the scope of the payment amount where necessary.
Upon a full refund, the issued License is revoked and the Buyer may no longer use the IP. However, a refund made together with a contract termination is governed by Article 23.
The Company remits the refund within 3 business days from the date the refund is approved, except where the delay is due to the Member not registering a refund account or registering it incorrectly.
Article 25 (Refunds After Payment of Settlement Amounts)
If a refund is decided after the Settlement Amount has been paid to the Seller, the Company first recovers the Settlement Amount from the Seller and then makes the refund to the Buyer. The Company does not bear the Settlement Amount paid to the Seller on the Seller's behalf in order to make the refund first.
The Seller's return obligation and procedure are governed by Article 29.
Chapter 6 Fees and Settlement
Article 26 (Fees)
The Company deducts from transaction proceeds and Royalties a Fee calculated at the Fee rate posted on the Service (currently 10%). Amounts less than one won are discarded.
The Fee rate is fixed at the rate in effect at the time of the order or acceptance in Terms Negotiation, and any subsequent change of the Fee rate does not apply to contracts already formed.
No separate fee is charged to the Buyer in addition to the transaction price.
Article 27 (Settlement)
The Company pays the Settlement Amount, being the proceeds of a transaction for which Purchase Confirmation has been made less the Fee, to the settlement account registered by the Seller within 7 business days from the date of Purchase Confirmation. Royalties are settled in the same manner after the Buyer's Royalty deposit has been confirmed.
To receive settlement, the Seller must register a settlement account in the Seller's own name, and the Company is not responsible for payment delays caused by failure to register an account or incorrect registration.
In the following cases, the Company may withhold payment of the Settlement Amount until the cause is resolved, and notifies the Seller of the reason for withholding.
Where a dispute or refund is in progress
Where no settlement account has been registered or verification is required
Where verification is required because the Seller is suspected of unlawful acts such as infringement of rights or fraud
Where there is a request from a court, investigative authority or the like
The Seller personally files and pays taxes relating to Settlement Amounts in accordance with relevant laws.
Article 28 (Contract Termination and Settlement)
If a contract is terminated before Purchase Confirmation and there are proceeds that are not refunded due to the termination, the Company settles those amounts.
Article 29 (Return of Settlement Amounts)
If a refund is decided after the Settlement Amount has been paid, the Seller must return to the Company the portion of the Settlement Amount received that corresponds to the refund ratio (in the case of a full refund, the entire Settlement Amount received).
The Company notifies the Seller of the amount to be returned, the reason, the deposit account and the return deadline. The return deadline is 14 days from the time the Company gives notice.
The Company makes the refund to the Buyer after confirming the Seller's deposit of the returned amount.
If the Seller does not return the amount by the return deadline, the Company suspends the Seller's use of (access to) the Service, and the Seller may be subject to legal action, such as a claim for the returned amount, by the Company or the Buyer in accordance with the License contract and these Terms.
If the deposit of the returned amount is confirmed after the suspension of use, the Company lifts the suspension. If the refund decision is cancelled, the request for return of the Settlement Amount is also cancelled.
Chapter 7 Sponsorships, Community and Chat
Article 30 (Sponsorships)
A Sponsorship Registrant may register a Sponsorship after registering contact information, and registered Sponsorships are made public after review by the Company. If the contents of a public Sponsorship are changed, it is reviewed again.
Only Members with a verified SNS channel meeting the standards set by the Company may view and apply for Sponsorships, and the application requirements set by the Sponsorship Registrant for each Sponsorship must be met.
The Sponsorship Registrant may approve or reject applications, and Applicants must perform the missions of an approved Sponsorship (such as writing reviews) as set by the Sponsorship Registrant.
The Sponsorship Registrant and the Applicant are responsible for the contents and quality of the products or services provided through the Sponsorship and for the performance of missions, and the Company is not a party to the Sponsorship.
When posting content in connection with a Sponsorship received, Applicants must disclose the economic interest in accordance with relevant laws, such as the Act on Fair Labeling and Advertising, and the Korea Fair Trade Commission's Guidelines on the Review of Endorsements and Testimonials in Advertising.
Article 31 (SNS Verification)
Members may verify only SNS channels that they personally operate, and a single channel may be verified for only one Member.
The Company displays tiers based on follower counts and the like at the time of verification, and if it is confirmed that a Member has verified another person's channel or fraudulently increased follower counts, the Company may cancel the verification and restrict use.
Article 32 (Community and Chat)
The community may be used by Members who meet the verification standards set by the Company, and Posts are displayed anonymously to other Members. However, the Company may identify the actual author for operational purposes and legal compliance.
Members may engage in 1:1 chats with other Members, and a transaction chat is opened when a transaction proceeds. The Company's operators may join transaction chats for purposes such as dispute handling.
Chat contents are retained for dispute resolution and the preservation of transaction records, and sent messages cannot be edited or deleted.
Members may report other Members' Posts and chats, and the Company takes action in accordance with the Operation Policy.
Chapter 8 Obligations of the Parties
Article 33 (Obligations of the Company)
The Company complies with relevant laws and these Terms and endeavors to provide the Service stably.
The Company protects Members' personal information in accordance with the Privacy Policy.
If the Company finds an opinion or complaint raised by a Member to be justified, it handles it and notifies the Member of the result.
Article 34 (Obligations of Members)
Members must not engage in any of the following acts.
Registering or selling IP to which the Member has no rights, such as another person's name, likeness, trademarks or works
Using IP beyond the Contract Terms, or assigning or sublicensing a License to another person (except where permitted by the Contract Terms)
Exchanging payment directly with a transaction counterparty without going through the Service, or inducing others to do so
Evading Royalties, such as by false sales reports
Collecting, using or disclosing other Members' personal information for purposes other than the transaction
Uploading Posts prohibited by the Operation Policy, such as profanity, hate, harassment, obscene material, advertising and spamming, or fraud
Impersonating others or misappropriating another person's account or SNS channel
Collecting data from the Service by automated means, interfering with the operation of the Service, or gaining unauthorized access to the Company's systems
Other acts violating relevant laws, these Terms or the Operation Policy
Article 35 (Seller's Warranties)
The Seller warrants that it has the legitimate right to license the registered IP, and that the Buyer's use in accordance with the License does not infringe the rights of any third party.
If a third party alleges infringement of rights in connection with IP registered by the Seller, the Seller must resolve the matter at its own responsibility and expense and hold the Company and the Buyer harmless. However, the Buyer is responsible for disputes arising from the Buyer's use beyond the Contract Terms.
Article 36 (Posts)
The rights to and responsibility for Posts uploaded by a Member to the Service belong to that Member.
Members permit the Company to use Posts free of charge (reproduction, display, exposure in in-Service search, etc.) to the extent necessary for the operation, display and promotion of the Service. This permission is limited to use within the Service, and the Company obtains the Member's separate consent to use Posts for promotion outside the Service.
If a Post violates relevant laws, these Terms or the Operation Policy, or a right holder files a report, the Company may hide or delete the Post and notifies the author of the reason.
Chapter 9 Compensation for Damages and Dispute Resolution
Article 37 (Compensation for Damages)
If the Company or a Member causes damage to the other party by violating these Terms, it must compensate for that damage. However, this does not apply where there is no intent or negligence.
Damage arising from a License contract between a Seller and a Buyer is resolved between the parties to that contract.
Article 38 (Disclaimers of the Company)
The Company is not liable where it cannot provide the Service due to force majeure, such as natural disasters, war, power outages or communication network failures.
The Company is not liable for disruptions in the use of the Service attributable to the Member.
The Company is not liable with respect to the contents of IP Products, Posts and Sponsorships registered by Members, or transactions between Members, where it has performed the matters set forth as the Company's obligations in these Terms.
Paragraphs 1 through 3 do not apply to damage caused by the Company's intent or gross negligence.
Article 39 (Dispute Resolution)
The Company receives and handles Members' complaints and requests for relief through the Customer Center (1:1 Inquiry). Where immediate handling is difficult, the Company notifies the reason and the handling schedule.
Disputes between the Company and Members, or between Members, may be resolved by applying for mediation by relevant bodies, such as the Consumer Dispute Settlement Commission under the Act on the Consumer Protection in Electronic Commerce or the Korea Consumer Agency.
Article 40 (Governing Law and Jurisdiction)
The laws of the Republic of Korea apply to disputes relating to these Terms and the use of the Service.
If a lawsuit is filed between the Company and a Member, it is heard by the court having jurisdiction under the Civil Procedure Act.
Addendum
These Terms take effect from the effective date posted on the Service.