Space4AR Open Platform Service Agreement

This Space4AR Open Platform is established, operated and continuously updated and maintained by Space4 Co., Ltd. (hereinafter referred to as “Space4”). Any user shall carefully read, understand and agree to abide by the Space4AR Open Platform Service Agreement and other related agreements and rules (hereinafter referred to as “this Agreement”) before starting to use Space4AR SDK published by Space4AR Open Platform and related cloud services (hereinafter referred to as “Services”). Users shall carefully read and fully understand all terms and conditions, especially the disclaimer or limits of liability and other separate agreements to activate or use a particular service. No user can use the Services provided by Space4AR Open Platform unless having read and accepted all clauses in this Agreement. The user’s registration as a user or use of the Services shall mean the user has carefully read and accepted and is bound by this Agreement. In case of the user’s breach of this Agreement, Space4 shall be entitled to unilaterally stop or end the provision of the Services at any time and pursue legal responsibility against the user according to how serious the user’s breach is.

1. Definition

1.1 "Space4AR Open Platform" means an app development platform owned by Space4 (hereinafter referred to “Space4AR Open Platform”) that is used on websites such as http://www.Spacefor.co.kr to provide third-party developers with data, words, code library, tools, software, development kit, files, apps and other materials and that allows third-party developers to develop AR related app services by using Space4AR Open Platform.

1.2 User means registered user of Space4AR Open Platform, also including users of the content based on Space4AR Open Platform, who may be a natural person, company, social group, etc. (hereinafter referred to as “you” or “user”).

1.3 This Agreement means Space4AR Open Platform Service Agreement and other laws, rules, regulations, policies, guidelines, practices and Space4’s bylaws connected herewith.

1.4 Space4AR Open Platform Services mean the process in which Space4 provides users with online (network) services, offline SDK/API and other related programs, files, etc. through Space4AR Open Platform or other platforms.

1.5 User Rights means the user’s right to use Space4AR Open Platform to: make and publish AR content on his/her own or for other person or license other person to use and publish such AR content.

2. Licensing and Reserved Rights

2.1 You are authorized to use the SDK/API through computer (PC), PAD, mobile phone, other smart devices or web-based app (hereinafter referred to as “APP”), provided that you completely accept and abide by this Agreement. Besides, your acceptance of and compliance with this Agreement means you can use Space4AR Open Platform under the non-exclusive license granted hereunder.

2.2 You can choose which Space4AR Open Platform Service to receive. After your request for the SDK/API is approved, you will obtain a unique account number and password from Space4. You should keep your account number and password carefully. If your account number is wrong or stolen, you should promptly request Space4 to deal with it. All actions done by using your account number shall be seen as your personal or authorized actions, for which you shall take full responsibility.

2.3 Space4AR Open Platform may provide you with an application identification key (hereinafter referred to as "Space4AR Open Platform Key") necessary for you to use Space4AR Open Platform. You should ensure that your use of Space4AR Open Platform Key is legal. Such Space4AR Open Platform Key can be used on different platforms or versions. Space4 may give more than one SDK/API Key to each account for different versions or platforms.

2.4 You are entitled to assign in whole AR content developed by you based on Space4AR Open Platform, but cannot engage in any illegal deal for your account or Space4AR Open Platform Key provided by Space4 by violating Space4AR Open Platform Rules or outside AR content developed by you based on Space4AR Open Platform.

2.5 All rights herein shall be expressly granted under this Agreement. Space4 reserves and you are not entitled to any rights that are not expressly granted hereunder.

3. Terms of Use

3.1 Legal Use of the Services: No use of Space4AR Open Platform shall infringe others’ intellectual property or other legal rights, including without limitation Space4 or a third party copyrights, trademarks, patents, trade secrets, logos, marks, business names, brands, abbreviated business names, product names and other legal rights. You should ensure that any material and content generated in the course of your use of Space4AR Open Platform or acts connected with creation, reproduction, downloading, modification, publishing and distribution of such material or content are in compliance with laws and Space4’s published bylaws. In case of a breach of this Section 3.1, Space4 shall be entitled to take an action as punishment directly or upon a third party’s request, such as closing the account, stopping the service and taking back Space4AR Open Platform marks.

3.2 Service Fee: There are currently different types and versions of services on Space4AR Open Platform. Space4 will launch new services or updates or upgrade existing services from time to time. You can choose one or more services from the available options. If you choose a paid service, you should pay the service fee to Space4 as per the service charge published on Space4AR Open Platform. For using a new service available on Space4AR Open Platform you should pay to Space4 as per the new service charge.

3.3 Differences between Paid and Free Services: Space4 clearly separates paid services and free ones and appropriate marks them for your identification. When deciding which service to use, you should get yourself well acquainted with the type and payment terms of the service and choose it after careful consideration.

4. Ownership and Intellectual Property Rights

4.1 When using Space4AR Open Platform under this Agreement, you have full rights to AR content developed by you based on Space4AR Open Platform. You may publicize, publish, assign, license and authorize others to use AR content developed by you based on Space4AR Open Platform, provided, however, that you shall not infringe Space4 or third party rights when exercising your rights to AR content.

4.2 Except for rights set out in Section 4.1 above, all rights including ownership and intellectual property rights in Space4AR Open Platform shall be owned by Space4. Without prior written consent of Space4, you shall not:
4.2.1 reproduce, publish, lease, sell, assign, allocate, sublicense, divide, reverse engineer or decompile, modify or change part or all of Space4AR Open Platform (including without limitation programs and apps such as SDK, cloud identification, published on Space4AR Open Platform);
4.2.2 register to use or use Space4AR Open Platform in a false name or a third party’s name;
4.2.3 file or allow others to file an intellectual property application based on all or part of Space4AR Open Platform;
4.2.4 use Space4AR Open Platform by violating rules published on Space4AR Open Platform;
4.2.5 use Space4AR Open Platform Key without Space4’s authorization;
4.2.6 obtain from an illegal source or engage in an illegal deal for Space4AR Open Platform Key or account;
4.2.7 disclose to a third party or make available to the public or otherwise steal or use any information on Space4AR Open Platform that has not been made available to the public;
4.2.8 take illegal possession of any content that is available on Space4AR Open Platform and shall be owned by Space4 or Space4AR Open Platform (including without limitation SDK, cloud identification, AR content, software system, videos and pictures);
4.2.9 do anything that may cause confusion to the source of a service published on Space4AR Open Platform, which means doing anything that may cause the relevant public to confuse a service provided by Space4AR Open Platform with a service provided by you or a third party;
4.2.10 do anything that may cause damage to Space4.

5. Brand and Reputation

5.1 You undertake that when using the services hereunder, you shall actively protect Space4’s brands without doing anything that may harm Space4’s brands or corporate reputation.

5.2 You undertake that without prior written consent of Space4 you shall not remove, conceal, destroy, modify, debase, distort or change any mark, sign, logo, business name, brand, product name and abbreviated business name of Space4 or word, icon or mark connected with Space4 (hereinafter referred to “Space4 Marks”). Without prior written consent of Space4, you shall not use Space4 Marks outside the license granted under this Agreement. If you need to use Space4 Marks when using a service hereunder, you shall explicitly state that such marks belong to Space4. You shall not state explicitly or implicitly or in a way that can confusingly cause other people to believe that you have an agency, collaboration, affiliation or similar relationship with Space4.

5.3 You fully understand and agree that the services provided by Space4AR Open Platform could visibly contain copyright notice, trademarks, service marks, logos, business names, corporate names, domain names and other marks and you shall not remove, hide, change or replace such information or marks.

6. Support and Upgrading

6.1 Despite the fact that Space4 tries to provide best technical support to its users and has signed this Agreement with you, Space4 does not warrant or undertake that you can obtain any tested, upgraded or customized Space4AR Open Platform, unless otherwise set out in a separate written agreement between you and Space4.

6.2 Space4 may send you a 30-day prior written notice of the termination date of this Agreement and an alternative post-termination plan.

7. Data Security

7.1 All or any part of data generated from your use of Space4AR Open Platform, AR content developed by you based on Space4AR Open Platform and products connected with Space4AR Open Platform, including without limitation data submitted by you to Space4AR Open Platform, data produced by your use or manipulation and all kinds of interactive data collectively called “Platform Data”.

7.2 Ownership and other rights connected with Platform Data defined in Section 7.1 above shall be owned by Space4 as Space4’s trade secrets, not including rights that you have as explicitly stated by applicable laws.

7.3 Space4 undertakes to treat Platform Data in strict confidence.

8. Privacy Policy

8.1 Summery
8.1.1 Space4 attaches great importance to protection of user information and will take appropriate measures to protect your privacy. You agree (and should obtain prior consent of your users) and authorize Space4AR Open Platform to obtain information and data necessary for providing the services (for example, SDK use data, cloud identification library use data). Space4 undertakes that it does and will not have any data not connected with Space4AR Open Platform. Space4 will use information and data obtained from you to improve its services, give you better user experience and meet your needs.
8.1.2 Space4 will treat such information with great care and diligence and will not make it known to the public or disclose it to a third party.
8.1.3 You should be solely responsible for dealing with, take all legal responsibility for and hold Space4 harmless from disputes with your direct users such as complaints, claims and action arising from apps such as user data, images information. You should indemnify Space4 against and hold Space4 harmless from damages that Space4 is severally or jointly liable for to any person including your users based on a government order, judgment, etc.

8.2 Information Disclosure
Space4 may disclose your information in the event that
(a) Space4 obtains your authorization in advance;
(b) you use the sharing function;
(c) a law, rule, legal process or regulatory authority requires such disclosure;
(d) it should be disclosed for academic study or public interests;
(e) it should be disclosed to protect Space4 legal rights, for example, looking into, preventing, dealing with a fraud or safety issue;
(f) such disclosure accords with relevant service or user agreement;
(g) Space4 shares your information with others in a summarized and/or anonymous form that cannot be reasonably used to recognize your identity.

8.3 Information Protection
Space4 attaches great importance to information security and will treat information in strict confidence to protect information security and try to protect your information from being visited, used or disclosed by unauthorized persons. Space4 and you shall be jointly responsible for keeping the services hereunder safe and in normal use. Space4 will take appropriate safety measures and technical means for the services hereunder. You fully understand and agree (and cause your users fully understand and agree) that Space4 cannot guarantee the foregoing.

9. Disclaimer

9.1 You understand and agree that due to the uncertainty and instability of computer and internet technology, the current version of Space4AR Open Platform may contain unforeseeable technical defects or Bug, for which Space4 gives no guarantee, assurance or warranty.

9.2 Space4 hereby excludes all explicit, implicit, verbal and written forms of guarantee about Space4AR Open Platform, including without limitation completeness, accuracy, non-infringement, marketability, design, manipulation and usage of Space4AR Open Platform. None of Space4 and its agents and employees can amend or cancel in writing or verbally guarantee and exclusivity clauses explicitly stated in this Agreement. Unless otherwise explicitly specified, Space4 does not undertake that Space4AR Open Platform meets all your needs or there is no interruption or fault in the operation of Space4AR Open Platform or Space4 will correct all defects and Bug of Space4AR Open Platform in a prompt manner.

9.3 Space4 will accept no responsibility for any loss arising from your use of Space4AR Open Platform or Space4 Marks, including without limitation losses arising from
(i) any Space4-unauthorized change, misuse or harm of Space4AR Open Platform,
(ii) your failure to properly use a fault correction provided by Space4,
(iii) your failure to use Space4AR Open Platform under technical documents of Space4 or under this Agreement,
(iv) any computer virus, hacker, etc.,
(v) your or a third party’s computer, device, network or software failure or losses caused due to your or a user’s fault,
(vi) any dispute arising from use of Space4AR Open Platform or Space4 Marks, or
(vii) your loss for a reason that is not attributable to Space4.

10. Liability Limit

10.1 In no event shall Space4 be held liable for any of your losses, including without limitation data or personal or business information loss or damage, loss of profits or a business opportunity or software or hardware damage, property loss and any other special, incidental, direct or indirect loss arising from use of Space4AR Open Platform, whether or not you are advised beforehand of the possible occurrence of such loss or damage. Even if Space4 knows or should know the possible occurrence of such loss or damage, this liability limit clause shall still apply.

10.2 You understand and completely agree that in any event the total liability of Space4 for your losses shall be limited to one thousand (1,000) RMB. Space4 shall not be liable for the part of your losses that exceeds one thousand RMB, notwithstanding laws. Your signing this Agreement and registering to use Space4AR Open Platform or the services means you have known and understood this Section 10 and waived your right to claim damages against Space4.

11. Exclusion of High-Risk Activities

11.1 Due to limitations of scientific research and the reliability and applicability of Space4’s design of Space4AR Open Platform, Space4 cannot guarantee any Space4AR Open Platform service, paid or free of charge, applies to all technical areas. You should be solely responsible for evaluating risks in your use of Space4AR Open Platform. Space4 will accept no responsibility for the consequences of your use of Space4AR Open Platform.

11.2 In case of a use in a technical area that requires very high safety and stability, including without limitation nuclear facility, airplane navigation or communication system, air traffic control, weapon system, road traffic, sea navigation, healthcare, food safety, national defense and security, government security, etc. (collectively called “High Risk Activities”), you should evaluate risks of using Space4AR Open Platform more carefully. Space4 will accept no responsibility for the consequences of your use of Space4AR Open Platform in such High-Risk Activities.

12. Liquidated Damages

12.1 You understand and agree that Space4 will accept no responsibility for any use of Space4AR Open Platform or Space4 Marks. You shall be solely responsible for and keep Space4 harmless from any and all claims, damages and liability arising from your use of Space4AR Open Platform or Space4 Marks, and costs and expenses arising therefrom (including without limitation lawyer, legal, preservation, investigation and evidence collection fees and travel expenses).

12.2 Space4 is entitled to claim against you damages arising from loss caused to or a claim made by other person against Space4 in connection with your use of Space4AR Open Platform or Space4 Marks.

13. Term and Termination

13.1 The effective date of this Agreement shall be the earlier one of the dates when Space4 delivers Space4AR Open Platform to you and when you download Space4AR Open Platform. The events in which this Agreement shall terminate include without limitation Space4’s unilateral termination of this Agreement for your breach of this Agreement, your decision to stop using Space4AR Open Platform, Space4 unilateral termination of the services or Space4’s withdrawal of your access to Space4AR Open Platform.

13.2 All your licenses and other related rights shall terminate immediately when this Agreement terminates.

14. Modification of this Agreement

Space4 can decide at its own discretion to change this Agreement, the services and any part of Space4AR Open Platform at any time and publish such change at http://www.Spacefor.co.kr. If you continue using the Service, you accept and strictly comply with any change made by Space4. If you disagree with such change, you shall immediately stop using the services and Space4AR Open Platform.

15. Dispute Resolution

15.1 Space4 establishes and runs damage reward system to reflect yours lawful opinion or complication and reward the damages.

15.2 Space4 processes complaint and opinion that you suggests preferentially. Merely if it is hard to process rapidly, notify the reason and timeline to you immediately.

16. Proper law and competent court

16.1 For the interpretation of the terms and dispute between Space4 and you, laws of ROK are applied.

16.2 The suit between Space4 and you during Services use is sued to Seoul Central District Court.

17. Miscellaneous

17.1 This Agreement was published and took effect on 11/01/2019.

17.2 Space4 reserves the right of final interpretation of this Agreement.