This English version of the PLAYBOARD Terms of Service is a machine translation based on the original Korean version of the PLAYBOARD Terms of Service. If there is any conflict between these two versions, the original Korean version of the PLAYBOARD Terms of Service shall prevail. The relationship between you and PLAYBOARD in relation to the PLAYBOARD Terms of Service or PLAYBOARD Services shall be governed by the laws of Republic of Korea, and any dispute arising between you and PLAYBOARD arising out of or in connection with the PLAYBOARD Terms of Service or PLAYBOARD Services, shall be resolved in accordance with the procedures set out in the Civil Procedure Act of Republic of Korea.

Terms of Service

Article 1 (Purpose)

The purpose of these Terms is to set forth the rights, obligations, and responsibilities of, and other necessary matters between, DIFF., Inc. (the "Company") and its users in connection with the use of the PLAYBOARD service provided by the Company.

Article 2 (Definitions)

  • "Service" means the provision of information or functions to users through the website operated by the Company.
  • "Information" means all text, images, videos, and files provided through the website operated by the Company.
  • "User" means a Member or Non-member who uses the Service provided by the Company.
  • "Non-member" means a person who uses the Service without registering as a Member.
  • "Member" means an individual or corporation that accesses the Company's website, agrees to these Terms, and registers as a Member.
  • "Registration" or "Membership Registration" means the act by which a Member completes the registration required to use the Service by entering the applicable information in the membership application form prescribed by the Company and agreeing to these Terms.
  • "Service Agreement" means the agreement formed between the Company and a Member upon the Member's application for membership and the Company's acceptance thereof.
  • "Paid Service" means goods or services that a Member may purchase for a fee within the Service.
  • "Term-based Paid Service" means a Paid Service under which goods or services are provided for use only during a limited period.
  • "Subscription" means a Member's agreement to periodic payment of fees for the continued use of a Term-based Paid Service.
  • "Subscription Cancellation" means the discontinuation of a Subscription and the cessation of subsequent periodic payments.
  • "ID" means a combination of letters and numbers that a Member applies for and the Company approves for the purpose of identifying the Member and enabling use of the Service.
  • "Password" means a combination of letters and numbers set by the Member for the purpose of verifying that the Member is the User matching the ID.
  • "Authentication Key" means a unique value assigned by the Company to a Member who has purchased a Paid Service, in order to identify the Member and the devices through which the Member accesses the site, in connection with the Member's use of the Paid Service.

Article 3 (Provision of the Service and Related Matters)

  • The scope of the Service provided by the Company to Members and/or Non-members through the site is as follows:
    • YouTube channel popularity analysis data
    • YouTube video popularity analysis data
    • Other various data and content services provided on this site
  • Notwithstanding the preceding paragraph, the Company may, at its discretion, change the content provided in the Service for the improvement of the Service or in accordance with changes to its service policies.
  • Paid Services are provided only to Members who have entered into a Paid Service agreement with the Company.
  • The Service use rights granted by the Company to Members and/or Non-members are non-exclusive and may not be assigned or redistributed.
  • The Company may entrust to a third party matters concerning the maintenance, repair, and development of the systems for the provision of the Service, as well as sales support, advisory services, and support for Members' use of the Service. In such case, the Company may provide the third party performing such entrusted work with information regarding the Members' use of the Service, and by agreeing to these Terms, Members and Non-members are deemed to have consented to such provision. However, where the personal information of a Member or Non-member is provided, the Company shall comply with the Personal Information Protection Act and other applicable laws and regulations.
  • The Company may change all or part of the Service based on the enactment or amendment of relevant laws and regulations, replacement with a new service, changes to service policies, or other reasons that the Company deems appropriate.

Article 4 (Posting and Amendment of the Terms)

  • The Company shall post the contents of these Terms on the initial screen of the Service so that Users may easily become aware of them.
  • The Company may amend these Terms to the extent that it does not violate applicable laws, including the "Act on the Regulation of Terms and Conditions," the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." (the "Network Act"), and the "Act on the Consumer Protection in Electronic Commerce, etc."
  • When the Company amends the Terms, it shall, specifying the effective date and the reason for the amendment, announce the amended Terms together with the current Terms in the manner set forth in Paragraph 1 from seven (7) days prior to the effective date until the day before the effective date, or notify Users using the email address, etc. registered by the User. However, where the Terms are amended in a manner unfavorable to Users, the Company shall provide notice with a grace period of at least thirty (30) days.
  • Where the Company, in announcing the amended Terms in accordance with the preceding paragraph, clearly notifies Users that they will be deemed to have consented if they do not express an intention to reject the amendment by the effective date of the amended Terms, a User who does not expressly reject the amendment shall be deemed to have consented to the amended Terms.
  • If a User does not agree to the application of the amended Terms, the User may terminate the use agreement or request withdrawal of the Terms. However, where there are special circumstances under which the existing Terms cannot be applied, the Company may terminate the use agreement.
  • Users shall exercise due care with respect to amendments to the Terms, and the Company shall not be liable for any damage incurred by a User as a result of the amended Terms.
  • Matters not specified in these Terms shall be governed by applicable laws and regulations and by separate terms, usage rules, etc. concerning the supplementary services provided by the Company.

Article 5 (Rules Governing the Terms)

  • The Company may establish service policies with respect to the details of these Terms.
  • Matters not specified in these Terms shall be governed by the service policies and applicable laws and regulations, and where the provisions of the Terms and the content of the service policies differ, the provisions of the Terms shall prevail.

Article 6 (Membership Registration)

  • A person who wishes to register as a Member and use the Service must agree to the contents of these Terms and complete the application in accordance with the procedures prescribed by the Company, and the Service Agreement is formed upon the Company's acceptance of the Member's application. At this time, the Member must provide the required information requested by the Company.
  • The Company may refuse an application for membership in any of the following cases, and even after registration, may cancel or withdraw its acceptance in any of the following cases:
    • Where the applicant uses another person's name;
    • Where the applicant enters false information or fails to enter the information requested by the Company;
    • Where the applicant has previously lost Member status due to a violation of these Terms or the service policies, or applies for re-registration after withdrawing during a period of use restriction;
    • Where the application is confirmed to violate these Terms or the service policies, or to be unlawful or improper;
    • Where the Company is unable to accept the application due to reasons attributable to the applicant;
    • Where there has been no record of Service use for one (1) year or more;
    • Where the Company otherwise deems it necessary.
  • The Company may withhold acceptance of an application for membership in the following cases. This provision shall apply mutatis mutandis to the formation of a Paid Service agreement:
    • Where there is insufficient capacity in the facilities;
    • Where there is a technical impediment;
    • Where the Company otherwise reasonably determines it to be necessary.

Article 7 (Member's Obligation to Manage ID, Password, and Authentication Key)

  • A Member is obligated to protect its ID, Password, and Authentication Key used to access the site from third parties, and to prevent theft of its ID and Password by, among other things, periodically changing the Password.
  • Where a Member intentionally provides or discloses its ID, Password, or Authentication Key to a third party, or allows a third party to use the Service without the Company's separate prior written approval, the Company may immediately block the Member's access rights or restrict the use of the Service, and where such conduct causes damage to the Company, the Company may claim compensation for such damage.
  • To prevent unlawful use of a Member's ID, Password, or Authentication Key, the Company may impose Service use restrictions such as limiting concurrent access or designating access PCs, and the Member shall actively cooperate with such measures by the Company.
  • Where a Member becomes aware that its ID, Password, or Authentication Key is being misused, the Member shall immediately notify the Company through the site and, where guidance is provided on the site, shall follow such guidance.

Article 8 (Change of Member Information)

  • A Member may view and modify its own information at any time on the site.
  • Where any matter entered by a Member at the time of applying to use the Service changes, the Member must make the modification on the site, and the Member shall be responsible for any problems arising from failure to update the Member's information.
  • A Member who wishes to withdraw membership must apply for withdrawal through the withdrawal application page on the website or by email (hello@playboard.co). The foregoing provisions shall apply mutatis mutandis to the termination of a Paid Service agreement.

Article 9 (Rights and Obligations of the Company)

  • The Company shall comply with applicable laws and these Terms and shall not engage in any act contrary to good morals and other social order.
  • The Company may amend or enact these Terms and the service policies as necessary, and in such case shall announce or notify the same in accordance with the provisions of these Terms.
  • The Company shall continuously endeavor to provide the Service on a continuous and stable basis as set forth in these Terms, and where a facility malfunctions or is lost or destroyed, it shall repair or restore the same without delay.
  • Where the Company acknowledges that an opinion raised by a Member or Non-member in connection with the use of the Service is justified, it shall handle such opinion and may convey the handling process and results to the Member through the bulletin board within the relevant site, email, and other means.

Article 10 (Obligations of Members and Non-members)

  • Members and Non-members shall comply with the matters set forth in these Terms and the service policies, as well as matters announced by the Company through the Service usage guide or notices, and shall not engage in any act that interferes with the Company's business.
  • Members and Non-members may not, without the Company's express written consent, assign or donate their Service use rights or other status under the use agreement to any other person, nor provide the same as collateral. Members and Non-members shall use their best efforts not to infringe the rights or reputation of any third party in the course of performing their obligations under these Terms.
  • Members and Non-members shall not engage in any of the following acts in connection with the use of the Service:
    • Arbitrarily processing or modifying information obtained through the Service, or arbitrarily using, publishing, reproducing, or citing such information in violation of the Copyright Act and other applicable laws;
    • Reselling information obtained through the Service or otherwise using it for commercial purposes;
    • Accessing the Service by a method not provided by the Company, or using the Service or accessing the system by abnormal means;
    • Creating, distributing, or installing agents, robots, scripts, spiders, spyware, or similar means, or inducing the same;
    • Infringing the Company's patents, trademarks, trade secrets, copyrights, or other intellectual property rights, or posting such content or disseminating it to others by email or other means;
    • Using the Service or information generated through the Service for the purpose of defaming others or damaging the reputation of others;
    • Collecting or storing the personal information of other Members or Non-members without the Company's approval;
    • Acts that interfere with the Company's business (such as causing a load on servers and facilities or on the Service);
    • Developing or selling an identical or similar service using the Service provided by the Company;
    • Reverse-engineering the website or app;
    • Other acts in violation of applicable laws and regulations.

Article 11 (Service Hours)

  • In principle, the Service is provided year-round, 24 hours a day, unless there is a special business or technical impediment on the part of the Company. However, the Company may temporarily suspend the Service on a date or at a time designated by the Company for regular system inspection, maintenance, expansion, and replacement, or where there is a substantial operational reason, and temporary suspension of the Service due to scheduled work shall be announced in advance through the site.
  • The Company may temporarily suspend the Service without prior notice for unavoidable reasons such as urgent system inspection, maintenance, or restoration, in which case it may announce the same after the fact. In addition, where there is a reason that the Company deems appropriate, such as replacement with a new service, the Company may temporarily and completely suspend the currently provided Service after prior notice on the site.
  • The Company may restrict or suspend all or part of the Service where a national emergency, power outage, or the like occurs, where a telecommunications carrier suspends telecommunication services or fails to provide them normally, or where any other force majeure event beyond the Company's control exists. In such case, however, the Company shall announce the reason and duration thereof to Members and Non-members in advance or after the fact.

Article 12 (Formation, Payment, and Termination of Paid Service Agreements)

  • A Paid Service agreement is formed when the Company accepts a Member's application to use a Paid Service, or when a separate agreement concerning the use of the Service is entered into between the Company and the Member.
  • Paid Services may be purchased through payment methods permitted by the Company, such as credit card, bank transfer, and mobile phone payment.
  • The Company may additionally request the Member's personal information necessary for the performance of payment, and the Member must accurately provide the personal information requested by the Company. The Company shall not be liable for any damage incurred by a Member as a result of personal information falsely or inaccurately provided by the Member.
  • Where the User of the Service and the payer of the usage fee differ, the Company may, in order to verify this, request the Member to provide supporting documentation, or may accept the Paid Service agreement after entering into a written agreement regarding the use of the Service among the Service User, the fee payer, and the Company.
  • Where a Member wishes to terminate a Paid Service agreement, the Member must apply for termination through the Paid Service management page on the website or by email (hello@playboard.co).

Article 13 (Subscription)

  • Monthly subscription fees are charged on the same date of the following month based on the date of the initial payment. However, where there is no corresponding date in the following month, payment shall be charged on the first day of the month thereafter.
  • Annual subscription fees are charged on the same date of the following year based on the date of the initial payment.

Article 14 (Subscription Cancellation)

  • A Member who wishes to cancel a Subscription may make a request through the website functions or by email (hello@playboard.co).
  • Once a Subscription is cancelled, no further payment shall be charged even upon the arrival of the expiration date of the Term-based Paid Service being subscribed to.
  • Even where a Subscription is cancelled, the Member may use the Paid Service until the expiration date of the previously purchased Term-based Paid Service.

Article 15 (Refunds)

  • Service usage fees are non-refundable after payment is completed.
  • However, where it is within fourteen (14) days from the date of payment and there is no record of use of the Paid Service after payment, a Member may request a refund of the full amount paid.

Article 16 (Discontinuation of the Service)

  • The Company may discontinue all or part of the Service.
  • Where the Company discontinues all or part of the Service, the Company shall give prior notice thereof through the site.
  • The Company shall not be liable for any damage incurred by Members and/or Non-members or third parties due to the discontinuation of the Service for which prior notice was given.

Article 17 (Provision of Information)

  • The Company may provide Members and Non-members with various information deemed necessary for the use of the Service, using telecommunication means.
  • The Company may request additional information from Members and Non-members, with their consent, for purposes such as improving the Service and introducing services to Members.

Article 18 (Restriction of Service Use)

  • The Company may restrict a Member's and/or Non-member's use of the Service without prior notice where the Member and/or Non-member has engaged in any of the following acts:
    • Where the Member and/or Non-member violates these Terms or the service policies;
    • Where false information is entered within the Service;
    • Where the intellectual property rights of the Company, other Members, or third parties are infringed;
    • Where content in violation of laws or other good morals and social order is intentionally disseminated;
    • Where the Member and/or Non-member uses the Service for the purpose of harming the national interest or social public interest;
    • Where the operation of the Service is intentionally obstructed;
    • Where a computer virus program, etc. that causes malfunction of information and communication facilities or destruction of information is disseminated;
    • Where information obtained by using the Service is reproduced, distributed, or commercially used without the Company's prior consent;
    • Where the Service is accessed or used by improper means (including, but not limited to, cases where a Member using a free service concurrently accesses from two or more devices with the same ID, or where a Member using a Paid Service uses the Service by copying or generating an Authentication Key without authorization).
  • Where the use of the Service is restricted pursuant to Paragraph 1, the Company shall grant the Member and/or Non-member an opportunity to demonstrate that no fact corresponding to the grounds for restriction of Service use under Paragraph 1 exists, by setting a period of thirty (30) days or more from the date on which the use of the Service was restricted pursuant to Paragraph 1. Where the Member and/or Non-member fails, within the period so set, to prove on the basis of objective and reasonable grounds that no ground for the use restriction exists, the Company may take measures such as suspension of use, withdrawal of membership, or termination of the Paid Service agreement.

Article 19 (Protection of the Personal Information of Members and Non-members)

The Company shall endeavor to protect the personal information of Members and Non-members, including their registration information, in accordance with applicable laws and regulations.

Article 20 (Intellectual Property Rights)

  • All intellectual property rights, such as copyrights, industrial property rights, and other rights related to the Service, belong to the Company. Licenses, rights to third parties, and the like are not transferred to Members and/or Non-members. Members and Non-members may not use the trade name, trademarks, logos, etc. without the Company's consent.
  • Members and Non-members shall not arbitrarily copy, modify, or process any content related to the Service, and shall not engage in any act infringing the intellectual property rights of the Company's Service.

Article 21 (Disclosure of Client Companies)

  • Where a Member using the Service is a corporation, the Company may, without the Member's consent, post on the website that such corporation is using the Service, using the corporation's logo and name.
  • However, where a Member does not wish this, the Member may express its objection by email (hello@playboard.co), and the Company shall process it within seven (7) days from the date the request is received.

Article 22 (Disclaimer)

  • Where the Company is unable to provide the Service due to reasons beyond its control, such as natural disasters, war, civil disturbance, riot, fire, terrorism, flood, earthquake, storm, government regulation, hacking, the outbreak of an epidemic, or other force majeure equivalent thereto, the Company shall be exempted from responsibility for the provision of the Service.
  • The Company makes no representation or warranty as to the reliability, completeness, or accuracy of any information, data, forecasts, analyses, or the like provided through the Service. In no event shall the Company be liable to any Member, Non-member, or third party, in connection with these Terms or the Service, for any indirect, special, consequential, or punitive damages, loss of business profits, loss of business information, damages due to business interruption, damages arising from the incurrence of expenses, or the like, nor shall it be liable for any dispute between a Member/Non-member and a third party. This applies even where the Company has been advised in advance of the possibility of such damages or disputes.
  • The Company shall be exempted from liability under these Terms toward Members, Non-members, or third parties in the following cases:
    • Where the Service is restricted pursuant to Article 18;
    • Where damage arises because a telecommunications carrier suspends telecommunication services or fails to provide them normally;
    • Where damage arises due to an error in the electronic equipment, such as the computer or network, of a Member or Non-member;
    • Where damage arises because a Member or Non-member enters personal information or email address inadequately;
    • Where a Member or Non-member fails to obtain the profits or effects expected from using the Service;
    • Where damage arises in connection with the use of a service provided free of charge to a Member or Non-member, without the Company's intent or gross negligence.
  • Notwithstanding the provisions of this Article, where the Company's liability is recognized, the aggregate amount of liability borne by the Company shall be limited to the amount of Paid Service usage fees for the immediately preceding six (6) months, and where the Company's liability is recognized under applicable laws, such liability shall be limited to the minimum scope prescribed by law.

Article 23 (Indemnification)

Where a Member and/or Non-member causes the Company to incur damage and expenses (including monetary loss and legal defense costs) by its violation of the provisions of these Terms, the Member and/or Non-member shall indemnify the Company for such damage and expenses.

Article 24 (Jurisdiction)

Any lawsuit arising from a dispute concerning the use of the Service between the Company and a Member or Non-member shall be filed with the court of the Republic of Korea located in Seoul having jurisdiction under the Civil Procedure Act.

Addendum

These Terms shall take effect as of April 24, 2024.