This is an English translation of the Korean Terms of Service. If there is any difference between the two, the Korean version prevails.
Article 1 (Purpose)
These Terms set out the rights, obligations and responsibilities of MONDAY OVERSLEEP CLUB Inc (the "Company") and its members, and the conditions and procedures for using the Xames service (the "Service").
Article 2 (Definitions)
- A "member" is a person who agrees to these Terms, enters into a service agreement with the Company and uses the Service.
- "Content" means any text or image a member posts on the Service, including profile information and photos, chat messages, and community posts and comments.
- "Paid services" are subscription products a member purchases through the App Store or Google Play.
Article 3 (Posting and Amendment of the Terms; Notices)
- The Company posts these Terms and the Privacy Policy in the app's settings and at xames.app, and protects members' personal information in accordance with the Privacy Policy.
- The Company may amend these Terms to the extent permitted by applicable law. Material changes will be announced in advance through in-app notices and notifications, and changes unfavorable to members will be announced 30 days in advance. If a member continues to use the Service after the amended Terms take effect, the member is deemed to have agreed to them; a member who does not agree may delete their account.
- The Company sends notices to members through in-app notifications or announcements.
Article 4 (Eligibility)
- Only persons aged 19 or older (persons who are not juveniles under the Juvenile Protection Act of Korea) may sign up.
- Each person may have only one account.
- Members sign up by verifying their affiliation with a company or school email address, or with an invitation code from an existing member.
Article 5 (Formation of the Agreement and Refusal)
- The service agreement is formed when an applicant agrees to these Terms, the Privacy Policy and the processing of sensitive information, completes the sign-up process, and the Company accepts the application.
- The Company may refuse an application, or later terminate the agreement, if the applicant does not meet the eligibility requirements, registers false information, or tries to sign up again with an email address that has been suspended.
Article 6 (Account Management)
Members must manage their own email address and password and must not let others use their account.
Article 7 (Provision and Changes of the Service)
- The Company provides matching and community services, subscriptions, and other services determined by the Company.
- The Company may change or temporarily suspend the Service when necessary for operational or technical reasons, and will announce unfavorable or material changes in advance in accordance with Article 3.
- If the Company ends the Service, it will give 30 days' notice and assist with refunds for the remaining subscription period through the store's procedures.
Article 8 (Interaction Between Members and Safety)
- The Company does not verify members' identity or criminal records and does not guarantee that the information members provide is true.
- The Company is not a party to meetings, conversations or transactions between members, and members must take care of their own safety when contacting or meeting other members. However, the Company is liable for damage caused to a member by the Company's intent or negligence.
Article 9 (Prohibited Conduct)
Members must not:
- Use another person's email or photos, impersonate others, upload photos of someone else or AI-generated photos to their profile, or post content that infringes another person's rights, such as copyright or portrait rights
- Save other members' profiles, photos or conversations or share them outside the Service, or disclose another member's personal information or sexual orientation without their consent
- Harass other members through insults, slander, hate speech, threats or stalking
- Solicit illegal activities such as prostitution or drugs, or post obscene material or other illegal information
- Ask for money, commit fraud, or send commercial advertising or spam
- Create multiple accounts or trade accounts, collect information with automated programs, use content or profiles for purposes outside the Service such as AI training, or interfere with the operation of the Service
- Repeatedly file false reports or otherwise violate applicable law
Article 10 (Content)
- Members retain the rights to the content they post.
- Members grant the Company a worldwide, royalty-free, non-exclusive right to display, store, reproduce and edit their content within the Service, and to use it to operate and improve the Service and to develop and provide new features. The Company does not sell or provide content to third parties beyond this scope.
- Community posts and comments that a member has not deleted, and chat messages already delivered, remain after the member deletes their account, and the license in paragraph 2 continues while such content remains.
- The Company may hide content that violates Article 9 or applicable law from other members.
Article 11 (Reporting and Blocking)
- Members may report or block other members and content, and the Company reviews reports and takes appropriate action.
- Anyone, including non-members, may ask for content that infringes their rights, such as copyright, portrait rights or reputation, to be removed or taken down by contacting support@xames.app, and the Company will take appropriate action under applicable law, such as taking the content down.
Article 12 (Restrictions on Use)
- If a member engages in conduct prohibited under Article 9 or violates these Terms or applicable law, the Company may suspend the member's use of the Service, for a fixed or indefinite period, without prior warning. The same applies where there is a risk of harm to other members' safety or serious interference with the operation of the Service.
- A suspended email address cannot be used to sign up again, and a member cannot delete their account during a suspension.
- The Company may revoke the invitation privileges of a member who abuses the invitation system, such as by selling invitation codes or posting them publicly.
- A member who objects to a restriction may appeal to support@xames.app with the inquiry number shown on the suspension screen. If the appeal is justified, the Company will lift the restriction without delay.
Article 13 (Paid Services)
- The types, prices and periods of paid services are shown on the subscription screen in the app, and payment can be made only through in-app purchase on the App Store or Google Play.
- Subscriptions renew and are charged automatically unless the member cancels. Members cancel through each store's subscription settings and may continue to use the subscription until the end of the paid period. Deleting an account does not cancel a subscription.
- If the Company raises a subscription price or a free trial converts to a paid subscription, the Company will notify members of the change within 30 days before it takes effect and obtain their consent. If a member does not consent, the subscription will not renew.
Article 14 (Withdrawal of Purchase and Refunds)
- Refunds for paid services are handled by Apple and Google under each store's policies and procedures, and the Company does not decide whether a refund is granted.
- Members may request withdrawal of a purchase under the Act on the Consumer Protection in Electronic Commerce through the store's procedures. However, because paid services are digital content whose provision begins upon payment, withdrawal may be limited under Article 17(2) of that Act if the benefits have already been used. The Company lets members try the Service free of charge before purchasing.
Article 15 (Account Deletion)
Members may delete their account at any time in the app's settings. Deletion cannot be undone. Information retained after deletion and its retention period follow the Privacy Policy.
Article 16 (Damages and Limitation of Liability)
- If the Company or a member causes damage to the other by violating these Terms, the party at fault will compensate for the damage. However, a party is not liable if there was no intent or negligence.
- The Company is not liable for failure to provide the Service due to causes beyond its control, such as natural disasters, or for problems caused by a member's fault or disputes between members, except where the Company acted with intent or negligence.
Article 17 (Dispute Resolution and Jurisdiction)
- The Company receives and handles members' opinions and complaints at support@xames.app.
- Disputes between the Company and members are governed by the laws of the Republic of Korea, and lawsuits are filed with the competent court under the Civil Procedure Act of Korea.
Addendum
These Terms take effect on [launch date].
