Terms of Service for MOIN, Inc.

Enactment Date: [2024]. [11]. [29]. Revision Date: [2024]. [11]. [29].

Article 1 (Purpose)

The purpose of these Terms of Service is to stipulate the basic matters regarding the rights and obligations between MOIN, Inc. (hereinafter referred to as “the Company”) and its users in relation to the overall services provided by the Company through its internet website and mobile application (hereinafter collectively referred to as the “Platform”).

Article 2 (Definitions)

The terms used in these Terms of Service are defined as follows:

“User (Member)” refers to an individual who agrees to these Terms and enters into a service usage agreement with the Company. Users are classified as either individual members or business members, and may switch between categories as determined by the Company.
“ID” refers to a combination of letters, numbers, and special characters set by the user and approved by the Company for the purpose of user identification and access to services.
“Password” refers to a combination of letters, numbers, and special characters set by the user and approved by the Company to verify the user's identity and protect user information.
“Business Day” refers to any day that the Company operates normally in the Republic of Korea, excluding weekends, public holidays, and substitute holidays.
“Seller” refers to a business entity that sells goods or services to users and receives payment through the services provided by the Company.

Article 3 (Types of Services)

The Company provides the following services:
1. Small-Scale Overseas Remittance Services: Refers to the remittance and receipt of payments between the Republic of Korea and foreign countries, including the purchase and sale of foreign currencies, with transaction limits in accordance with the Foreign Exchange Transactions Regulations.
2. Electronic Payment Agency Services: Refers to the electronic transmission of payment information for the purchase or use of goods, including transaction approval, purchase, and payment settlement services.
Details related to the services in Paragraph 1 will be further specified in separate terms, which shall take precedence over these Terms.

Article 4 (Provision and Explanation of Terms)

The Company shall post these Terms on the Platform for the reference of users and must specify the Terms to users when entering into a service usage contract.
Upon request, the Company shall provide a copy of these Terms to the user.
If a user requests an explanation of the Terms, the Company must explain the key contents using one of the following methods:
1. Directly explaining the key contents to the user.
2. Displaying the key contents via electronic devices in a manner that allows the user to easily understand, and obtaining confirmation that the user has fully comprehended the contents.

Article 5 (Service Usage Agreement)

The service usage agreement (hereinafter referred to as the “Usage Agreement”) is established when the Company approves the application submitted by the applicant (hereinafter referred to as the “Service Applicant”).
Membership registration is available to individuals aged 14 or older, as well as business entities (including sole proprietors and corporations).
Service applicants must register using their real name. If a user registers with a false name or misappropriates another person’s information, they will not be permitted to use the services provided by the Company. The Company may require users to provide documents for real-name verification upon request.
A user may have only one ID, and business members must use their business registration number as the basis for real-name verification.
If a personal user re-registers after terminating the Usage Agreement, they must use the same ID that was previously registered.

Article 6 (Application for Service)

Service applicants must complete the online application form provided by the Company accurately and provide any necessary supporting documents as requested. The application form may vary based on whether the applicant is an individual, foreign national, or business entity.
Corporations must apply as business members, and sole proprietors must also register as business members if they intend to use the services for business purposes. Business members must provide documents such as a Business Registration Certificate, a Certified Copy of Corporate Registration, and bank account details, as requested by the Company.

Article 7 (Approval of Application for Service)

The Company will approve the use of its services for applicants who accurately complete the required fields and agree to these Terms, provided they pass the real-name verification process.
The Company may reject an application for use if any of the following conditions apply:
1. The applicant is under 14 years of age.
2. The applicant provides false information in the required fields or submits fraudulent documents during the application process.
3. The application violates these Terms or is otherwise unlawful or improper.
The Company may defer approval of an application under the following conditions. In such cases, the Company will notify the applicant of the reason for the deferral, the expected approval date, or any additional information or documentation required, either through the service interface or by email:
1. If there is a lack of available facilities.
2. If there are technical difficulties.
3. If the Company deems it necessary for other reasonable considerations.

Article 8 (Termination of the Usage Agreement)

The user may terminate the Usage Agreement at any time by notifying the Company of their intent to terminate. The Company will provide an online process for terminating the Usage Agreement, and the agreement will be considered terminated once the user's notice of termination is received by the Company. Users who terminate the agreement in this manner may re-register in accordance with the membership registration procedures outlined in these Terms.
The Company may terminate the Usage Agreement under the following circumstances. In such cases, the Company will notify the user of the reasons for termination in advance via email, phone, fax, or other means. The Company will also provide the user an opportunity to present their opinion on the reasons for termination before the agreement is terminated. The Usage Agreement will be considered terminated once the Company’s notice of termination is delivered to the user.
When the user is found to meet the conditions for rejection of the application for use, as stipulated in Article 7, Paragraph 2.
When the user engages in conduct that violates these Terms, and despite the Company’s request for corrective action within a reasonable period, the user fails to comply.

Article 9 (Obligations of Users)

Users must comply with these Terms, separate service terms, usage guidelines, or notifications provided by the Company, and must not engage in any activity that interferes with the Company’s operations.
Without prior written consent from the Company, users may not use the services to conduct any business activities that interfere with or conflict with the Company’s operations. The Company is not liable for any consequences arising from business activities that violate these Terms or separate service terms. If such business activities cause damage to the Company, the user shall be liable for compensating the Company for such damages.
Users may not copy, reproduce, modify, translate, publish, broadcast, or otherwise use or provide to others any information obtained through the services without the prior consent of the Company.
Users must not violate any applicable laws related to the use of the services, including the Foreign Exchange Transactions Act and the Electronic Financial Transactions Act.
Users must comply with all relevant laws, these Terms, the provisions of any separate service terms, usage guidelines, and any notifications or guidelines provided on the Platform or by the Company. Users must also refrain from engaging in any actions that may interfere with the Company’s operations.

Article 10 (Collection and Protection of User Information)

In addition to the information provided by the user when entering into a usage agreement, the Company may collect and use additional information after clearly specifying the purpose of collection or use. In such cases, the Company will obtain the user’s consent and specify which services may be restricted if the user refuses to provide non-essential information. Refusal to provide non-essential personal information will not result in the restriction or rejection of membership.
When obtaining the user’s consent to collect and use their information, the Company will clearly specify or notify the user in advance about the purpose of the collection, the intended use, and any potential provision of the information to third parties. Users may withdraw their consent at any time, even if it was previously granted.
Except for publicly available information (such as ID) displayed on the service screens, the Company will not use or disclose user information collected for purposes beyond those disclosed at the time of collection, unless required for service delivery or expansion. If new purposes for using the information arise or if the information is provided to a third party, the Company will inform the user of such changes and obtain their consent, except where otherwise required by law.
The Company will limit the number of administrators handling user information to the minimum necessary and will be fully responsible for compensating the user for any damages resulting from the loss, theft, leakage, alteration, or unlawful disclosure of user information due to the Company’s intentional or negligent actions.
Upon termination of the service agreement, the Company will, in principle, destroy the relevant user’s information. However, in the following cases, the Company may retain user information and will use the retained information only for the specified retention purposes.
When required by applicable laws and regulations, such as the Commercial Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Company will retain user information for the legally specified period.
1. When a retention period has been specified during the collection of the information, the Company will retain the user’s information for the duration of that period.
If the Company needs to provide user information to a third party, it will specify the personal information items to be provided, the recipient, the purpose of the recipient’s use, and the retention and usage period of the information, and obtain the user’s consent. In cases where the Company outsources the collection, processing, or management of personal information, the Company will notify the user in advance about the details of the outsourced tasks and the name of the entrusted company via written communication, email, fax, phone, or the Platform, and obtain the user’s consent. The Company will also disclose these details in its privacy policy on the Platform.
The Company will disclose the contact information of its personal information protection officer and its privacy policy on the Platform, ensuring that users are aware of these details.
The Company must take all necessary technical and managerial measures to prevent the loss, theft, leakage, alteration, or damage of personal information.

Article 11 (Changes to User Information)

Users must immediately update any incorrect or changed information provided during the application process. However, the ID and name cannot be modified.
Notifications sent to the email address provided by the user will be deemed effective once they reach the address. Users are responsible for any damages caused by failing to update their information or by providing incorrect updates, unless the damages are caused by the Company’s fault or negligence.

Article 12 (Management of ID and Password)

Users are responsible for managing their ID and password and must not transfer or lend them to others.
The Company is not liable for any loss or damage resulting from the leakage, transfer, or lending of the ID or password, unless caused by the Company’s fault.
Users must notify the Company immediately if their ID or password is stolen or misused, and follow any instructions provided by the Company.

Article 13 (In Case of Theft, Loss, Forgery, or Alteration of ID or Password)

Users must immediately report to the Company any theft, loss, forgery, or alteration of their ID or password, or if they become aware that any other information affecting the Company’s services has been leaked.
Upon receiving a report as outlined in Paragraph 1, the Company must immediately suspend the user’s access to services until the issue is resolved. The Company will be responsible for compensating the user for any financial losses incurred due to the unauthorized use of the user’s ID or password by a third party during the suspension period.

Article 14 (Suspension and Restriction of Service Use)

If the Company suspects unusual or suspicious transactions in a user’s transaction history, it may notify the user and temporarily restrict access to services until it is confirmed that the transactions are not unusual. The restriction period is justified for the purpose of verification, and the Company shall not be held liable for any service restrictions during this period.
If the account to which the user requests a remittance is suspected of being involved in financial fraud, voice phishing, or other financial crimes, the Company may restrict the use of services under the same conditions as outlined in the previous paragraph.

Article 15 (Liability for Damages)

If damages are caused to the user due to the Company’s fault, the Company’s liability for compensation includes ordinary damages as defined under the Civil Act. The Company is only liable for special damages if it was aware of or could have reasonably foreseen the special circumstances.
The Company is not liable for any damages arising from transactions outside the scope of Paragraph 1 of this Article, or from transactions that fall outside the provisions of these Terms or separate agreements.

Article 16 (Exemption of Liability)

The Company is exempt from liability in the following cases:
1. If services are temporarily or permanently unavailable due to force majeure events such as natural disasters, power outages, or communication failures that are not attributable to the Company. In such cases, the Company will notify users by posting on its website or by other means.
2. If damages occur due to contracts or transactions between the user and a seller, or if damages occur for reasons unrelated to a contract or transaction between the Company and the user.
In addition to the cases specified in Paragraph 1, the Company’s liability for damages is also exempted in cases specified as exemption clauses in separate agreements.

Article 17 (Dispute Resolution)

The Company shall establish procedures to reflect legitimate opinions or complaints from users and to compensate users for any damages related to the services (hereinafter referred to as “Dispute Resolution Procedures”).
The Company shall provide users with information on how to submit disputes, including the designation of a dispute resolution officer and their contact information, the dispute resolution procedures (separating simple complaints from compensation claims), and the methods of notification for dispute outcomes, including the processing time and the method of communication.
If a user has an objection concerning the services, they may request resolution through the Company's dispute resolution body (including the dispute resolution officer and responsible personnel). The Company shall investigate the matter and notify the user of the outcome within the processing time specified in Paragraph 2.
The Company shall publish and maintain up-to-date information about the dispute resolution officer and their contact details on its website.

Article 18 (Record Retention)

The Company shall retain service-related records in accordance with the Foreign Exchange Transactions Act, the Electronic Financial Transactions Act, and other relevant laws. Specific details shall be outlined in separate agreements.

Article 19 (Governing Law and Jurisdiction)

These Terms and the usage agreements between the Company and its users shall be governed by the laws of the Republic of Korea. In the event of a dispute, the court with jurisdiction over the Company’s headquarters, or the court designated under the Civil Procedure Act and relevant laws, shall have jurisdiction as the court of first instance.

Article 20 (Relationship with Relevant Laws)

Matters not specified in these Terms or in separate agreements are governed by the relevant laws, including but not limited to the Foreign Exchange Transactions Act, the Electronic Financial Transactions Act, the Telecommunications Business Act, the Framework Act on Electronic Documents and Transactions, and the Act on Promotion of Information and Communications Network Utilization and Information Protection, as well as general trade practices.

Addendum <2024.11.29>

Article 1 (Effective Date)

These Terms shall take effect on [2024]. [11]. [29.].