1. Purpose
The purpose of these Terms of Service (hereinafter referred to as the "Terms") is to establish the conditions and procedures for using the services provided by Alpha Prime, Inc. (hereinafter referred to as the "Company"), as well as the rights, obligations, and responsibilities between the Company and the users (or members), and other necessary matters.
2. Definition of Terms
The definitions of terms used in these Terms are as follows, and the interpretation of undefined terms shall be in accordance with relevant laws and regulations and guidelines for each service:
1. Service: All Internet services that the Company provides for users or members to access via PC, TV, portable devices, or various wired and wireless devices or programs, including services provided to users or members through third-party-developed or built programs or services using the Company's publicly disclosed API.
2. Member: A user who has agreed to these Terms, accessed the Service, and has been issued an ID and password.
3. User: A person who intends to enter into a service contract with the Company.
4. Member Information: Personal information of the user, such as name and contact information, that the Company requests to be entered on the membership application form (hereinafter referred to as the "Application Form").
5. ID (unique number): A combination of letters and numbers selected by the member and approved by the Company for the identification of the member and the use of the Service.
6. Password: A combination of letters and numbers set by the member to protect their member information.
7. Post: Refers to any sign (including URL), text, audio, sound, video (including motion pictures), images (including photographs), files, etc., posted or registered by the member on the service provided by the Company.
8. Derived Data: Refers to all data directly or indirectly generated while using the Service.
9. Linked Securities Company: A securities company affiliated with AlphaChart, which provides or supplies real accounts and content.
3. Effect and Amendment of Terms
1. These Terms shall become effective by being posted on the service screen or notified to members in other ways.
2. The Company may amend these Terms within the scope of not violating the laws and regulations related to the regulation of terms, the law on consumer protection in electronic commerce, the law on the promotion of information and communication networks and information protection, etc.
3. If the Company amends the Terms, it shall specify the reason for the amendment and the effective date, and notify the amendment along with the current Terms from 7 days before the effective date until the day before the effective date, using the method in paragraph 1. However, if there are important changes to the provisions related to the rights or obligations of members, the Company shall notify them at least 30 days in advance and send the amended Terms to the email address registered by the member.
4. If the Company announces or notifies the amendment of the Terms according to paragraph 3, and notifies the member that if they do not express their refusal by the effective date of the amendment, it will be deemed that they have expressed their intention, and the member does not explicitly express their refusal, it shall be deemed that the member has agreed to the amended Terms.
5. If a member does not agree to the amended Terms, they may stop using the Service and terminate the service contract.
6. Domestic mobile communication subscribers who are members are deemed to have agreed to the contents of the mobile phone terms and conditions related to the wireless-linked integrated service, which are related to the service, for the smooth provision of the wireless-linked integrated service.
7. Members shall exercise due diligence regarding changes to the Terms, and the Company shall not be responsible for any damage caused by the member's ignorance of the changed Terms.
4 .Supplementary Rules
Matters not specified in these Terms shall be governed by the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on the Regulation of Terms and Conditions, the Telecommunications Business Act, and other related laws and regulations, as well as the detailed usage guidelines and other rules established by the Company for the Service.
5. Establishment of Use Agreement
1. The Service Use Agreement is established when a user agrees to these Terms and the "Privacy Policy" by selecting "I Agree," completes the application form designated by the Company, applies for the use of the Service, and the Company accepts the application.
2. When a user selects "I Agree" in the previous paragraph and completes the application form, it is deemed that the user has read and understood the contents of these Terms and the "Privacy Policy," and agrees to comply with various policies (e.g., copyright policy, spam policy, etc.) and matters that the Company announces from time to time for the use of the Service.
6. Application for Use
1. The information provided by members on the application form is considered to be the actual information of the user, and members who do not enter their real information cannot receive legal protection and may be restricted in using the service.
2. Children under the age of 14 must go through the required legal guardian consent process requested by the Company in order to use the service.
3. Members who use fraudulent means, such as identity theft, to apply for use can have their IDs deleted without prior notice and may be punished according to applicable laws.
7 .Acceptance and Restriction of Use Application
1. The Company accepts the use of the service by applicants in the order received, provided that there are no business or technical obstacles.
2. The Company may not accept an application for use in any of the following cases:
① When it is technically impossible to provide the service
② When the application form contains false information
③ When the application is submitted with missing or incorrect information on the application form
④ When the application is made with the intent to disrupt social order or public morals
⑤ When the member has previously lost their membership due to their own fault. However, this does not apply if the member has received approval for rejoining the service after 6 months have elapsed since the loss of membership.
⑥ When other requirements set by the Company for use have not been met
3. The Company may differentiate the use of the service for members based on member type and level, such as usage time, usage count, and service menu.
8 .Changes to Member Information
Members must update their member information without delay if there are any changes to the information provided on the application form. All responsibility for any issues arising from not updating member information lies with the member.
9 .Use of the Service
1. The Company commences the service from the time the member's application is accepted. However, for some services, the commencement date may be specified differently.
2. If the service cannot be started due to business or technical issues of the Company, the Company will notify members by posting a notice on the service or contacting members.
3. The service is available 24 hours a day, 365 days a year. However, the service may be temporarily suspended due to business, technical, or service operation policy reasons of the Company. In such cases, the Company will notify members beforehand or afterwards.
4. The Company may divide the service into certain ranges and set different usage times for each range, and notify members of these details.
5. The Company may establish separate terms and conditions for individual services within the service, and members will go through a separate consent process when using an individual service for the first time.
10. Changes and Suspension of the Service
1. If the Company has a substantial reason to change the service (including individual services), it can notify members of the changes and the date of implementation according to the method specified in Article 25, and provide the changed service.
2. The Company may change a member's ID after consultation with the member in the following cases:
① When the ID is registered as the member's phone number or resident registration number, and there is a risk of invasion of privacy
② When the ID causes disgust to others or is against public morals
③ When the ID is duplicated with another member's ID, making it difficult to provide the service
④ When there is another reasonable cause
3. The Company may restrict or suspend all or part of the service in the following cases:
① Inevitable cases due to construction or maintenance work on service equipment
② When a member interferes with the Company's business activities
③ When power outages, equipment failures, or excessive usage cause difficulties in providing the service
④ When the Company cannot maintain the service due to various circumstances, such as the termination of a contract with an affiliate (BP)
⑤ When there are force majeure circumstances such as natural disasters or national emergencies
4. The Company may impose restrictions on the use of the service for members under the age of 14, members protected under the Youth Protection Act, members under the age of 20, foreign members, corporate and group members, and mobile phone number members in terms of usage time and other aspects. The details of these restrictions will be separately announced or notified in individual services.
11. Service Usage Fees
1. All services are provided to members for free, excluding paid services that are marked separately.
2. The usage fees, refund regulations, and payment methods for paid services follow the separate regulations specified in the respective services.
12. Provision of Information and Advertisement Posting
1. The Company may provide various information to members by posting it on the service screen or through methods such as email, messages, and SMS.
2. The Company may post advertisements related to the operation of the service on the service screen or send them through email, messages, and SMS. However, the Company will only send emails, messages, and SMS to members who have consented to receive them.
3. Any communication or transaction between members and advertisers using the advertisements posted on the service or through promotional activities of the advertisers via the service is solely the responsibility of the member and the advertiser. The Company bears no responsibility for any issues arising between them.
13. Responsibility for Posts
1. The Company may delete any posts or messages within the service that it deems to fall under the following categories, without prior notice, and bears no responsibility for doing so:
① Content that defames the Company, other members, or third parties, or damages their reputation through slander
② Content that violates public order and morals
③ Defaming others based on their time records
④ Content that infringes on the copyright of the Company or third parties, or any other rights of others
⑤ Content that violates the individual service guidelines set by the Company
⑥ Content unrelated to the services provided by the Company
⑦ Posting unnecessary or unapproved advertisements or promotional materials
⑧ Content created by unauthorized use of another person's ID or information, or tampering with someone else's inputted information
⑨ Posting duplicate content multiple times, or any other content that goes against the purpose of posting
⑩ Content that is deemed to violate other applicable laws or the individual service guidelines set by the Company
2. The Company may establish and implement separate detailed guidelines for each service regarding posts, and members must follow these guidelines when posting (including member-to-member messages).
3. The Company bears no responsibility for any issues arising from a member's infringement of another person's copyright or other profit-related infringements.
14. Copyright of Posts and Derived Data
1. The copyright of the posts made by members within the service is protected by copyright law, and the copyright and other intellectual property rights of the content created by the Company belong to the Company.
2. Members grant the Company permission to use their posts within the service, both domestically and internationally, for the following purposes:
① To modify posts by resizing or simplifying them for use within the service (including when the service is provided within a specific area of a third-party-operated site or media)
② To use, edit, store, reproduce, modify, publish, transmit, publicly perform, publicly post, and distribute the posts, as well as grant the Company the right to provide them, for the operation, enhancement, improvement, development of new services, and promotion of the "service"
③ To allow the media and telecommunications companies to report and broadcast the content of the posts for promotional purposes and to create and distribute secondary copyrighted works
3. When a member posts on the service, it is assumed that the member has granted permission for other members to use the post within the service and for the Company to use it as search results.
4. If a member terminates the usage contract or if the usage contract is terminated under Article 27, Section 2, the license granted for the posts made by the member within the service shall remain in effect within the scope of the purposes set forth in Article 14, Section 1.
5. The Company may change or transfer the posting location or share posts between sites for reasons such as service operation policies or site integration without altering the content of the posts. In such cases, the Company will provide prior notice.
6. The Company allows exposing only 1/3 of the content and using a link to post it on other websites.
7. All derived data generated during the operation of the service belong to the Company. The Company may freely utilize, reprocess, sell, and transfer all derived data generated within the service.
15. Posting of Analysis by Authors
Posting an analysis on AlphaChart implies that the author agrees to the following:
1. When writing comments on the analysis, do so positively and sincerely.
2. Unauthorized use on external sites is prohibited, and a global and perpetual usage right is granted, which cannot be changed without special purposes.
3. Ordinary exercise of rights - Industrial property right holders have the right to have others exercise their rights within a certain scope, and no registration is required for the establishment of exclusive exercise (usage) rights.
4. The right to use, reproduce, modify, publish, translate, distribute, and derivatively utilize the analysis and content posted on the site.
5. The right to use the author's analysis and content anywhere on the site.
6. The right to use the content in any media format or channel in the future.
7. Although the author holds the copyright for each content, they must guarantee the grant of the above license and rights to AlphaPrime Inc.
16. Precautions for Investing with Linked Securities Companies
1. The Company does not compensate for any damages to the 'member' that may arise from errors or delays in the information provided by the Company about investment assets.
2. The Company does not assume any legal responsibility or compensation for damages caused by service disruptions. In case of a system failure, please place an order through the "linked securities company" you wish to trade with.
3. If the Company or a "linked securities company" receives a suspension order or recommendation from financial authorities for "AlphaChart," the Company may immediately suspend the "Service" without separate notice to the "member," and will not compensate for any damages to the "member" if there is no intentional or gross negligence on the part of the Company.
4. The Company may provide information on the most recent transaction price, quantity, etc., for listed stock trading. However, this information is for informational purposes only and does not guarantee the appropriateness of the transaction price or constitute investment advice. Members should independently determine their desired stock and quantity and trade accordingly.
5. "Members" are responsible for paying any taxes, such as securities transaction tax and capital gains tax, arising from unlisted stock transactions with other "members." However, in the case of securities transaction tax, it can be withheld and paid through the "linked securities company."
17. Dormant Account Management
1. The Company implements a dormant account management policy to reduce the waste of unnecessary storage space caused by the delivery of illegal spam emails to long-term non-login members or the abandonment of member mailboxes and to facilitate the use of services.
2. If a customer does not log in for three months after signing up for the service through an application, the Company may restrict mail receipt or service use. If the customer does not log in for another three months (a total of six consecutive months), the service contract may be terminated, and all data stored in the mail account (including file box), address book, and other data, as well as all postings on the service, will be deleted. Members are responsible for any loss of data or postings due to termination of the service contract.
18. Company's Obligations
1. The Company shall do its best to provide continuous and stable services in accordance with these Terms and Conditions.
2. The Company shall make every effort to protect the personal information of members, including credit information, by taking technical security measures and ensuring thorough management.
3. The Company shall promptly address any opinions or complaints raised by members if they are deemed reasonable. If prompt processing is difficult, the Company shall notify the member of the reason and schedule
4. The company shall strive to provide convenience to members in the procedures related to the contract, such as the conclusion, modification, and termination of the contract with the member.
5. The company shall contribute to the development of the Internet business by maximizing customer satisfaction through fair and sound service operation and continuous research and development, providing high-quality services.
19. Member's Obligations
1. Members shall comply with relevant laws, regulations, terms and conditions, service usage guidelines, precautions announced on the service, and matters notified by the company related to service usage, and shall not engage in any activities that interfere with the company's business.
2. Members are not allowed to engage in sales activities through the service, such as selling goods, unless officially recognized by the company. In particular, members are not allowed to engage in activities like hacking, advertising for profit, commercial activities through adult websites, or illegal distribution of commercial software. The company assumes no responsibility for the results or losses of such business activities or any legal actions taken by the relevant authorities, and the member is liable for damages to the company related to such activities.
3. Members must complete the application form or update their member information based on factual information. If it is discovered that false or someone else's personal information is used, the member cannot claim any rights related to the service usage.
4. Members cannot transfer, donate, or provide their service usage rights or other contractual status to others.
5. Members are responsible for the thorough management of their member ID and password, and the company assumes no responsibility for any consequences arising from poor management or unauthorized use. The member is responsible for all outcomes resulting from such situations.
6. Members must not allow their ID and password to be used by third parties. If a member's ID and password are stolen or a third party is found using them, the member must immediately change their password and notify the company, following the company's guidance.
7. Members cannot change the ID granted upon signing the usage agreement. If there are compelling reasons for a change, the member must terminate the agreement and reapply for membership.
20. Notice to Members
1. The company may notify members of matters related to their rights and obligations necessary for service usage through the email or SMS issued by the company or designated by the member.
2. In the case of notifications to unspecified multiple members, the company may substitute individual notifications by posting on the service.
21. Protection and Use of Member Information
1. The company collects customer information within the minimum scope necessary for the establishment and performance of the usage agreement by lawful and fair means in accordance with the "Privacy Policy."
2. The company's "Privacy Policy" does not apply to other websites linked to the company (referring to websites not operated by the company; same hereinafter).
3. The company may provide member information to administrative or investigative agencies in accordance with relevant laws and regulations, such as the Telecommunications Business Act, the Protection of Communications Secrets Act, and the Act on Promotion of Information and Communications Network Utilization and Information Protection, when requested to disclose or submit member information.
4. The company assumes no responsibility for any member information exposed due to the member's fault.
5. The company shall handle and manage member information and service operations on its own as a principle. However, if necessary, the company may entrust all or part of such tasks to a company selected by the company. When entrusting the handling and management of member information or service operations, the company will announce it in the "Privacy Policy."
6. If a member wishes to withdraw consent for the use or provision of member information provided to the company during the usage agreement process, the member must follow the procedures set forth in the "Privacy Policy." When a member withdraws consent, the service usage agreement will be automatically terminated.
22. Contract Termination and Use Restriction
1. If a member wishes to terminate the service usage agreement, they must apply for termination through the company's "Customer Center" or similar channels.
2. When a member terminates the usage agreement, the member's posts may not be deleted according to the proviso in Article 14(5); members should delete them before terminating the usage agreement.
3. The company may restrict the use of the service or terminate the usage agreement by issuing warnings, temporary suspensions, permanent suspensions, etc., if a member violates these Terms and Conditions or individual service usage agreements.
4. Members may file an objection against service usage restrictions, such as service usage suspensions, in accordance with the procedures set by the company. If the company determines the member's objection to be justified, the service usage will be resumed immediately.
23. Damages
1. If a member violates the provisions of these Terms and Conditions, resulting in damage to the company, the member must compensate the company for all damages incurred.
2. If the company faces any claims for damages, litigation, or other objections from third parties due to a member's illegal activities or violations of these Terms and Conditions during service usage, the member must indemnify the company at their own responsibility and expense. If the company is not indemnified, the member must compensate the company for all damages incurred.
24. Exemption from liability
1. The company is not liable for service provision if it is unable to provide services due to force majeure, such as natural disasters, war, or similar circumstances.
2. The company is not liable for any service disruptions or damages caused by the member's fault.
3. The company is not liable for the inability to provide services if a telecommunications carrier suspends or fails to provide telecommunications services normally.
4. The company is exempt from liability for damages caused by unavoidable reasons such as server (including cloud) computer failure, service facility maintenance, replacement, regular inspection, or construction.
5. Members are responsible for the security of their mandatory registration items (such as mobile phone numbers) and passwords registered with the company. The company is not responsible for any damages caused by the intentional or negligent leakage of member information, such as ID and password.
6. The company is not liable for any damages caused by computer errors or false or inaccurate registration of personal information and email addresses by members.
7. The company is not responsible for any damages incurred by members due to data obtained while using the service. Additionally, the company is not liable for compensation for any mental harm suffered by members due to other members while using the service.
8. Members acknowledge that the data and analysis materials provided through the service are solely for informational purposes related to investment and that the responsibility for any investment lies entirely with the member using the information.
9. The company is not obligated to intervene in disputes arising between members or between members and third parties through the service and is not responsible for any damages resulting from such disputes.
10. The company is not responsible for the reliability, accuracy, or content of any information, materials, or facts posted by members on the service.
11. The company is not responsible for the validity, suitability, legal reasonableness, or copyright compliance of the content included in the company's website or affiliated companies (other online sites) and is not liable for any damages arising therefrom.
25. Dispute Resolution and Jurisdiction
1. Members must address issues related to copyright infringement, defamation, personal information, or service usage through the company's customer center or copyright infringement report center.
2. In the event of litigation arising from disputes related to service usage, the court with jurisdiction under the Civil Procedure Act shall have jurisdiction.
Effective Date: January 2, 2019