Welcome to Digsso

Digsso Terms of Service

INTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE

Welcome to MUDDLEWORKS’s (“Digsso”, “We”, “Our”) mobile device software application (the “Digsso Software”), Web site, and any other mobile or web services or applications owned, controlled, or offered by Digsso (collectively, the “Digsso Services”). Users who access, download, use, purchase and/or subscribe to the Digsso Services (collectively or individually “You” or “User” or “Users”) must do so under the following terms and conditions of service and Privacy Policy.

BEFORE USING ANY DIGSSO SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE DIGSSO SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THE “AGREEMENT”), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE DIGSSO SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND DIGSSO. You may receive a copy of this Agreement by emailing us at: help@digsso.net, Subject: Terms of Service Agreement.

1. AGE RESTRICTION. THE DIGSSO SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 18 YEARS OR OLDER.

1) AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE DIGSSO SERVICES.
2) AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.

2. IMPORTANT DISCLAIMER ABOUT LOCATION DATA

THE DIGSSO SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE DIGSSO SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. DIGSSO IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

3. MODIFICATION OF THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement (including the Guidelines) at any time by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on the Digsso Service. Please check this Agreement (including the Guidelines) periodically for changes. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. ;Your continued use of the Digsso Services after our dispatching of an e-mail notice to you (if applicable) or the posting of any modifications or changes on the Digsso Service constitutes your binding acceptance of such changes. For any material changes to this Agreement (including the Guidelines), you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after our dispatch of an e-mail notice to you (if applicable) or thirty (30) days after they are initially posted on the Digsso Services. ;These changes will be effective immediately for new Users of the Digsso Service.

4. OWNERSHIP; PROPRIETARY RIGHTS

The Digsso Services are owned and operated by Digsso. The Digsso Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Digsso Services (collectively, the “Materials”) are protected by Republic of Korea copyright, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Digsso Services are the property of Digsso or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Digsso Services are proprietary to Digsso or its affiliates and/or third-party licensors. Except as expressly authorized by Digsso under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

5. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES

1) use the Digsso Services or any location information displayed within the Digsso Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;
2) use the Digsso Services if you are under the age of 18 years old (twenty-one (21) years in places where eighteen (18) years is not the age of majority);
3) include offensive or pornographic materials or materials that are harmful to minors in your Digsso Services personal profile page;
4) use the Digsso Services for any commercial or non-private use, it being understood that the Digsso Services are for personal, non-commercial use only;
5) use the Digsso Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
6) make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Digsso Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Digsso Services accounts of other Users;
8) misrepresent the source, identity or content of information transmitted via the Digsso Services;
9) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Digsso Services, features that prevent or restrict use or copying of any content accessible through the Digsso Services, or features that enforce limitations on use of the Digsso Services;
10) intentionally interfere with or damage operation of the Digsso Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
11) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
12) post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
13) use the Digsso Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
14) use the Digsso Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Digsso Services could lead directly to death, personal injury, or severe physical or property damage;
15) attempt to gain unauthorized access to the Digsso Services, or any part of it, other accounts, computer systems or networks connected to the Digsso Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Digsso Services or any activities conducted on the Digsso Service; or
16) use any robot, spider, scraper or other automated means to access the Digsso Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Digsso Services or modify the Digsso Services in any manner or form, nor to use modified versions of the Digsso Services, including (without limitation) for the purpose of obtaining unauthorized access to the Digsso Services.

6. USAGE; REFUSAL OR SUSPENSION OF SERVICE

1) You acknowledge that some of the Digsso Services may be accessed by downloading the Digsso Services to a mobile device, without the need to register an account. You are responsible for the security on the mobile device on which the Digsso Services are installed. If you elect to use the Digsso Services or register for an account with Digsso, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Digsso account login information and the security of your mobile device, and are fully responsible for all activities that occur under your Digsso account. You agree to immediately notify Digsso of any unauthorized use, or suspected unauthorized use of your Digsso account or any other breach of security. Digsso cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2) DIGSSO RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE DIGSSO SERVICE, INCLUDING A USER’S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, DIGSSO ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE DIGSSO SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.
3) You alone are responsible for your involvement with other Users. You agree that Digsso will not be responsible for any loss or damage incurred as the result of any such interactions. Digsso reserves the right, but has no obligation, to monitor disagreements between you and other Users.
4) Digsso does not control the content of User accounts and profiles. Digsso has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Digsso Services.
5) PLEASE NOTE: DIGSSO RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

7. USER SUBMISSIONS

1) The Digsso Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by you and other Users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. User Submissions and certain other information about you are subject to our applicable privacy policy. For more information, see the full Digsso Privacy Policy at http://Digsso.net/privacy-policy You u.nderstand that through your use of the Digsso Services You consent to the collection and use (as set forth in the applicable privacy policy) of this information. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Digsso to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Digsso Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Digsso Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
2) You understand that when using the Digsso Services you will be exposed to User Submissions from a variety of sources, and that Digsso is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
3) Digsso assumes no responsibility whatsoever in connection with or arising from User Submissions. Digsso assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Digsso chooses, in its sole discretion, to monitor User Submissions, Digsso nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Digsso does not endorse and has no control over the content of User Submissions submitted by other Users. Digsso makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Digsso reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
4) User Submissions are owned by the User who submitted them, subject to Digsso’s license to such User Submissions under this Agreement. User Submissions cannot be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.
5) You hereby grant, and you represent and warrant that you have the right to grant, to Digsso an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in the Digsso Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.
6) If you provide Digsso any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Digsso all rights in the Feedback and agree that Digsso shall have the right to use such Feedback and related information in any manner it deems appropriate. Digsso will treat any Feedback you provide to Digsso as non-confidential and non-proprietary. You agree that you will not submit to Digsso any information or ideas that you consider to be confidential or proprietary.

8. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

1) The Digsso Services may include links to other web sites or services (“Third Party Websites”) solely as a convenience to Users. Digsso does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Digsso makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
2) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Digsso Services are solely between you and such advertiser. You agree that Digsso shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Digsso Services.
3) Parties other than Digsso may provide services or sell products via the Digsso Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Digsso does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
4) By your use of third party applications that connect with the Digsso Services (“Third Party Applications”), you acknowledge and agree that Digsso may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. Digsso is not responsible for the transmission of the User Submissions from the Digsso Services to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. Digsso is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. Digsso also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.

9. ADVERTISING.

Digsso and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

10. END USER LICENSES

1) Mobile Device. To use the Digsso Software you must have a mobile device that is compatible with the Digsso Services. Digsso does not warrant that the Digsso Services will be compatible with your mobile device.
2) License Grant. Subject to the terms of this Agreement, Digsso hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Digsso Software for one Digsso Services account on one mobile device owned or leased solely by you, for your personal, noncommercial use and (ii) use the Digsso Services (other than the Digsso Software) for your personal, noncommercial use.
3) Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Digsso Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Digsso Software to any third party or use the Digsso Software to provide time sharing or similar services for any third party; (iii) make any copies of the Digsso Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Digsso Software, features that prevent or restrict use or copying of any content accessible through the Digsso Software, or features that enforce limitations on use of the Digsso Software; or (v) delete the copyright and other proprietary rights notices on the Digsso Software.
4) Software Upgrades. You acknowledge that Digsso may from time to time issue upgraded versions of the Digsso Software, and may automatically electronically upgrade the version of the Digsso Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Digsso will not be liable to you for any such modifications.
5) Trademarks, Service Marks and Logos. The name of this web site is a service mark of Digsso. No use of this mark shall be permitted except through the prior written authorization and permission of Digsso. All rights reserved.
6) App Stores. You acknowledge and agree that the availability of the Digsso Software is dependent on the third party from which you received the Digsso Software, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and Digsso and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Digsso Software from it. You agree to comply with, and your license to use the Digsso Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.

11. VIOLATIONS; TERMINATION

You agree that Digsso, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account you have with the Digsso Services or your use of the Digsso Services or any portion thereof and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the Digsso Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Digsso will not be liable to you or any third-party for any such termination. Digsso does not permit copyright infringing activities on the Digsso Services, and reserves the right to terminate access to the Digsso Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Digsso may have at law or in equity.

12. DISCLAIMERS; NO WARRANTIES

1) THE DIGSSO SERVICES [AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DIGSSO SERVICES] ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DIGSSO, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
2) DIGSSO AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DIGSSO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DIGSSO SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3) DIGSSO AND ITS SUPPLIERS AND PARTNERS (INCLUDING DIGSSO’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER DIGSSO SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DIGSSO OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE DIGSSO SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DIGSSO SERVICES AT YOUR OWN DISCRETION AND RISK.
4) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold Digsso (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or the other Digsso Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Digsso Services to meet another User in-person or to locate and attend any offline place or event. Digsso reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

13. INDEMNIFICATION; HOLD HARMLESS

14. LIMITATION OF LIABILITY AND DAMAGES.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO NO MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID ANY ANOUNT TO THE COMPANY DURING SUCH PERIOD, YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 14 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.

15. Payments. Cancellation. Final Sale:

Any and all payments made to Digsso for use and access to any Digsso Services and Digsso Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within the Digsso Software or Digsso Services violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited. We reserve the right at any time to charge fees for access to portions of the Digsso Services, Digsso Software or the Digsso Services or Digsso Software as a whole.

16. MISCELLANEOUS

1) Governing Law and Jurisdiction. Any dispute between you and the Company regarding these Terms of Service will be governed and construed in accordance with the laws of the Republic of Korea without regard to principles of conflict of laws. Any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with, these Terms of Service shall be brought in the Seoul Central District Court located in Seoul, the Republic of Korea. Parties expressly consent to the Seoul Central District Court in the Republic of Korea as the exclusive venue and hereby further irrevocably waive any claim that the Seoul Central District Court lacks jurisdiction over it and/or such court is an inconvenient forum.
EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE.
2) Notices. Digsso may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Digsso Services.
3) Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Digsso without restriction.
4) Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by Digsso as set forth in Section 3 above.
5) Claims. YOU AND DIGSSO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DIGSSO SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6) Disclosures. General Inquiries: help@digsso.net

17. Apple App Store Additional Terms and Conditions.

The following additional terms and conditions apply to you if you are using a Digsso Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 19, the more restrictive or conflicting terms and conditions in this Section 19 apply, but solely with respect to Digsso Softwares from the Apple App Store.

1) Acknowledgement: Digsso and you acknowledge that this Agreement is concluded between Digsso and you only, and not with Apple, and Digsso, not Apple, is solely responsible for Digsso Software and the content thereof. To the extent this Agreement provides for usage rules for Digsso Software that are less restrictive than the Usage Rules set forth for Digsso Software in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
2) Scope of License: The license granted to you for Digsso Software is limited to a non-transferable license to use Digsso Software on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3) Maintenance and Support: Digsso is solely responsible for providing any maintenance and support services with respect to Digsso Software, as specified in this Agreement (if any), or as required under applicable law. Digsso and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Digsso Software.
4) Warranty: Digsso is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Digsso Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Digsso Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Digsso Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Digsso’s sole responsibility.
5) Product Claims: Digsso and you acknowledge that Digsso, not Apple, is responsible for addressing any claims of you or any third party relating to Digsso Software or your possession and/or use of Digsso Software, including, but not limited to: (i) product liability claims; (ii) any claim that Digsso Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Digsso’s liability to you beyond what is permitted by applicable law.
6) Intellectual Property Rights: Digsso and you acknowledge that, in the event of any third party claim that Digsso Software or your possession and use of Digsso Software infringes that third party’s intellectual property rights, Digsso, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7) Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using Digsso Software.
8) Third Party Beneficiary: Digsso and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

Effective Date, April 29,2014