Terms of Service
Article 1. Purpose
The purpose of this Terms of Service is to prescribe the rights, obligations, and responsibilities of the Company and its members and other necessary matters concerning the use of the Yoit Service (the “Service”) provided by Data Monsters, Inc. (the “Company”). The Service is a fashion and lifestyle product search engine service, which provides a multimodal search and conversational agent for the users, alerts and sales notifications services on products and all other related services provided by Yoit.
Article 2. Account Registration
2.1 For your full use of the Service, account registration is recommended.
(a) In order to register, you are required to provide your username, email address and password, along with your profile pictures, bio and other personal preferences.
(b) You expressly agree that your account registration is solely for personal use.
(d) You may also register through using other service accounts, such as Facebook and Google.
2.2 Whether you are a registered user or an unregistered user, you are a “User” for the purpose of this Terms of Service. “User” means a person using the Service provided by the Company pursuant to this Terms of Service.
Article 3. Effect and Change of Terms of Service
3.1 This Terms of Service shall take effect when the Company publishes the contents of this Terms of Service on the Company's website (https://www.yoit.style, hereinafter the “Website”) or notifies the users by other methods (e-mail, messenger, consent window upon login, etc.) and the user, who agrees to the contents, becomes a User by using the Service.
3.2 The Company may amend this Terms of Service to the extent that it does not violate the applicable laws and shall announce the effective date of the amended Terms of Service and the reasons for the amendment.
3.3 After a reasonable notice of the amended Terms of Service, a User shall be deemed to have consented to the amended Terms of Service through his or her continued use of the Service.
Article 4. Suspension or Termination of Service
4.1 The Company may suspend or terminate a User’s use of the Service for any of the following reasons:
(a) Where a User uses a fake name or the name or information of another person;
(b) Where a User has entered false information or failed to meet the application requirements;
(c) Where a User uses the Service through an abnormal or indirect method in a country where the Company has not provided the Service;
(d) Where a User uses for the Service with the purpose of undermining the social well-being, order, and public moral or to conduct any act prohibited by applicable laws;
(e) Where a User is re-applying after being deprived of membership due to violating the Terms of Service; or
(f) Where a User is under the age of sixteen (16). .
4.2 The Company may suspend, modify or terminate provision of the Service upon the occurrence of any of the following:
(a) Where the Company lacks facilities, have instable network, have difficulty in supporting certain mobile devices, or have technical difficulties;
(b) Where there is technical or business disruption in the Service;
(c) Where there is an occurrence of an event that is beyond the control of the Company such as war, accident, natural disaster, or any equivalent national emergency; or
(d) Where it is difficult for the Company to provide the Service due to any other reason.
Article 5. Terms of Service and Regulations
5.1 If necessary, the Company may prescribe individual terms of services and announce them on the Service website or in accordance with Section 7.3. User’s consent for such individual terms of services shall be obtained through a separate consent process.
5.2 Matters not stipulated in this Terms of Service or any individual terms of services and the interpretation of this Terms of Service shall be governed by applicable laws or general commercial practices.
Article 6. Protection of Personal Information
Article 7. Obligations of the Company
7.1 The Company shall comply with the obligations set forth in this Term of Service and applicable laws in good faith.
7.2 In order to provide continuous and stable services, the Company shall use its best efforts to repair or restore disrupted facilities or data, etc., in the event any disruption occurs in the facilities or data, etc. while making improvements to the Service. Such obligations shall not apply in the event of force majeure, such as natural disasters, emergencies, obstacles or defects that cannot be solved with current technology.
7.3 The Company may notify Users by e-mail, text message, etc. However, if the notice is to be given to all Users, individual notices to Users could be substituted by posting the notice on the Service website or presenting a pop-up screen for a reasonable duration.
Article 8. Obligations of the User
8.1 Users shall not engage in any of the following:
(a) Using false information or other people’s information when applying for the Service or using the Service;
(b) Changing any information posted by the Company or engaging in an act that impairs the Service;
(c) Producing, distributing, using, advertising, transmitting, or posting computer programs, codes, equipment, or devices that have not been provided or approved by the Company;
(d) Intentionally transferring, posting, distributing, or using virus, computer code, file, or program designed to interfere with or destroy the normal operation of telecommunications equipment; or using information (computer program, file, source code, etc.) or computer software or hardware that is prohibited from being transmitted or posted by law;
(e) Collecting, storing, posting, and distributing the personal information of other User’s or their account information without authority;
(f) Reproducing, disassembling, imitating, or modifying the Service by reverse engineering, decompiling, disassembling or by any other processing activities;
(g) Disrupting the Company’s normal Service by causing the Company’s server to overload by using the Service in a manner that is contrary to its normal usage, such as using an automatic access program, etc.;
(h) Granting access to one’s account to a third party, such as lending or transferring the User’s account;
(i) Infringing the intellectual property rights, such as copyrights, of the Company or other third parties;
(j) Damaging the reputation or obstructing the business of the Company or other third parties;
(k) Reproducing, distributing, or manipulating information obtained using the Company’s Service without permission, or using the Service by exploiting known or unknown bugs;
(l) Obtaining profit by taking advantage of or deceiving others or causing damage to others in connection with the use of the Service;
(m) Uploading any contents that is obscene, cruel or otherwise offensive to others; or
(n) Any other illegal acts or acts pursuant to unjustifiable means and purposes.
8.2 Users shall safely manage the access right and access method, such as mobile devices, etc. to their accounts registered on the Website and shall be responsible for any appropriation of their account or the misuse of services caused by reasons attributable to the User.
8.3 Users shall take utmost care not to disclose his or her personal information and shall immediately notify the Company of any changes in personal information, such as their phone number or e-mail address, etc., through the relevant procedures.
8.4 Users shall comply with this Terms of Service and any other guidelines notified by the Company in connection with the Service and shall be liable for all loss and damages incurred from the violation or failure to comply with this Terms of Service or notices.
Article 9. Service Provisions
9.1 The Company shall make the Service available to Users. However, the Service may begin on a later date specified by the Company in accordance with the Company's needs.
9.2 The Company may provide other additional services to the Users when providing the Service specified in this Terms of Service.
Article 10. General Principles for Use of Service
10.1 The Company may temporarily suspend all or part of its Service in the following occurrences. In this case, the Company shall announce the reason and expected period of suspension on the Service website.
(a) If the suspension is necessary for system operation, such as regular system inspection, server expansion or replacement, network instability, etc.
(b) If it is impossible for the Company to provide normal service due to power failure, service facility failure, service overload, maintenance or inspection of key telecommunication service provider’s facilities, etc.
(c) If a situation beyond the control of the Company occurs, such as war, incident, natural disaster, or equivalent national emergency.
Article 11. Contents
11.1 All contents a User posts on the Service is the sole responsibility of the User or the originator of such contents.
11.2 All personal information included in files, contents, and any information uploaded by the member during use or for the use of the Service must have been processed legally.
11.3 Any contents uploaded by the Users must not infringe upon the copyright, trademark rights or any other rights of, or damage the reputation of third parties.
11.4 Users shall comply with the trademarks and copyrights of the Company or other third parties.
Article 12. Retailer Partner Services
12.1 The Service may display contents or offerings from a retailer that the Company has partnered with as an additional feature of the Service (the “Retailer”).
12.2 The Company may charge referral fees from the Retailer for the sales refereed by the Service.
12.3 The Users shall be solely responsible and liable for all losses and damages that may be incurred due to their fault or negligence in checking invoice details and policies from each Retailer’s website including but not limited to those on tax, return and refund, and shipping.
Article 13. Change and Suspension of Service
13.1 To ensure smooth delivery of the Service, the Company may change the Service according to its operational or technical needs and shall notify significant changes within the Service prior to the change, if practicable, or after the fact.
13.2 However, if changes are minor, such as bug corrections, errors, or urgent updates, or does not constitute a material change, the Company may do so without notice.
Article 14. Advertisement Provisions
14.1 Within the Service, the Company may display advertisements, which may be targeted to the Content or information communicated through the Service, inquiries or searches made through the Service, or other information.
In addition, the Company may send advertisements to its Users who have consented to the receipt of such information, through e-mail, push notifications, mypage on the Company’s website, etc. In this case, Users may refuse to receive advertisements at any time, and the Company shall stop sending the advertisements upon the User’s refusal.
Article 15. Copyright
15.1 The copyright and other intellectual property rights for all content, technology, and Service produced by the Company will be attributed to the Company.
15.2 The copyright and other intellectual property rights for any uploaded content by the User in the process of the User’s use of the Service will belong to the User. However, the User shall grant the Company a worldwide, royalty-free license to use such content for provision, promotion and improvement of the Service.
15.3 To the extent necessary for the provision of Service, the Company has the authority to reproduce, modify, delete, save, and transmit, etc., all files uploaded by the User directly or generated by the User's use of the Service.
15.4 If a User’s legal interests is violated due to any information posted on the Company’s bulletin board, the User may request the Company to delete the information or to upload a post refuting the posted information through e-mail (email@example.com). In this case, the Company shall take necessary measures in accordance with the applicable laws and notify the User of such measures.
15.5 This Article will remain valid during the Company's operation of the Service and will survive the withdrawal of the User’s membership.
Article 16. Restrictions on the Use of Service for Users
16.1 The Company may restrict a User’s use of the Service if the User violates its obligations under this Terms of Service or interferes with the normal operation of the Service.
16.2 If the Company restricts the User’s use of the Service, the Company shall notify the User of the following:
(a) Reasons for restriction of use; and
(b) Method of filing an objection or restoring the Service use regarding the restriction of use.
16.3 The Company may temporarily suspend the User’s account from using the Service until the investigation is completed in any of the following occurrences:
(a) If an account has been hacked or stolen, or a legitimate report has been filed claiming that the account has been used for crime; or
(b) If provisional measures regarding the use of the Service is required for any other equivalent reasons.
Article 17. Limitation of Liabilities
17.1 The Company provides the Service on an “AS IS” and “AS AVAILABLE” basis. You understand and agree that your use of the Service is at your own risk.
17.2 The Company shall not be liable for any damages suffered by the Users due to any of the following causes:
(a) Where the Service is not available due to repair, replacement, regular inspection, construction, etc., or any other equivalent causes of the service facilities;
(b) Where there is disruption in the use of Service due to the intentional misconduct or negligence of the User;
(c) Where there are transactions or disputes between the Users or between a User and a third-party;
(d) Where the use of the Service was provided for free;
(e) Where the benefits that the User expected to attain from the use of the Service have not been attained;
(f) Where the User information is disclosed due to the User not managing his or her account password, mobile device password, or password provided by an open market operator;
(g) Where a User is unable to use all or part of the content due to the User changing his or her mobile device, mobile device number, operating system (OS) version, carrier, or due to overseas roaming, etc.;
(h) Where the User has deleted the contents or account information provided by the Company;
(i) Where there is illegal access to the server by a third party, or illegal use of the server, or abnormal disruptions to the Service through programs;
(j) Where any contents uploaded by the User or any results of the use of Service by the User infringes upon the rights of another User or third parties; or
(k) Other grounds equivalent to each of the subparagraphs for which the cause is not be attributable to the Company.
17.3 The Company shall not be liable for any damages suffered by the User or any third party if the damages were caused by the User's intentional misconduct or negligence in connection with the use of Service.
Article 18. Jurisdiction and Governing Law
This Terms of Service is governed by and construed in accordance with the laws of the Republic of Korea. If a lawsuit is filed due to a dispute between the Company and its User, the dispute shall be brought to court of competent jurisdiction in Korea.
This Terms of Service shall come into effect on July 07, 2023