Chapter 1: General Provisions

Article 1 [Purpose]

• These Terms and Conditions shall be governed by and construed in accordance with the terms and conditions of use of the services provided by Tomato System Co., Ltd. ("the Company")
  The purpose of this document is to define the rights, duties, responsibilities and other necessary matters between users.

Article 2 [Effect and Change]

Article 3 [Definition of Terms]

Chapter 2: Service Agreement

Article 4 [Contract for Use]

• 1) The use contract is concluded by applying for membership after the user agrees to the terms of this agreement and the company accepts the application for the application.
• 2) The company shall, in principle, approve the use of the service for the application of the applicant. However, the Company may refuse to accept the application for any of the following subparagraphs, or terminate the use contract at a later date.
• 3) The Company may waive the approval of the Company if there is no facility for the service or if there is technical difficulty of the Company.
• 4) Contracts for special use, such as mass use of services, are provided under a separate agreement.

Article 5 [Personal Information Protection and Privacy Policy]

• The Company strives to protect the personal information of users in accordance with the relevant laws and regulations such as "Information and Communication Network Act".
  For privacy protection and use, please refer to the separately disclosed privacy policy.

Article 6 [User ID and Password Management]

• 1) The Company grants the User ID to the User as stipulated in the Terms and Conditions.
• 2) In principle, the user ID can not be changed. If you want to change due to unavoidable reasons, you have to cancel and renew the ID.
• 3) The Company may restrict the use of the ID if the user's ID is concerned about leakage of personal information, dislike to others,
• 4) Responsibility for the management of the user's ID and password is the responsibility of the user and all responsibility for damages for the use of the service caused by not fulfilling the management responsibility and fraudulent use by the third party is with the user._{(The responsibility for the management of the sub ID and password belongs to the user, and all liability for the use of the service caused by not fulfilling the management responsibility and the illegal use by the third party belongs to the user)}
• 5) The user should notify the company immediately if the ID and password are stolen or a third party is using it, and follow the company's instructions.
• 6) In the case of Clause 5, the Company shall not be liable for any disadvantage caused by failure to notify or follow the instructions of the Company.

Chapter 3: Utilization Of Services

Article 7 [Provision of Services]

• The Company provides the following services to users:
  • Data modeling tool Any service related to the provision of eXERD
  • Any service developed by the Company or provided to the user through an agreement with another company.
• The service hours are provided 24 hours a day, 7 days a week, unless otherwise specified in the company's business page. In the following case support is unavailable, the Company may notify the cause and duration on the service page and suspend the service.

Article 8 [Use and Restriction of Service]

• 1) The Company may limit or suspend the user's services only in the following cases:The Company may limit the use of the service by suspending, initializing, terminating the use ontract, etc. without any notice to the member using the service in accordance with the usage restricting rule of Clause.

Article 9 [Change of Service]

• 1) The Company may change all or some of the services it provides for operational and technical needs if there are good reasons.
• 2) If there is any change in the content, usage method, or usage time of the service, the Company shall notify the reason for the change, the content of the service to be changed, and the date of service before the change.

CHAPTER 4: RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

Article 11 [Obligations of the Company]

• 1) The Company shall do its best to provide the service on the commencement date of the service desired by the Member and to provide the service continuously and stabley unless there are special circumstances. However, in case of unavoidable circumstances such as natural disasters or rgencies, the Member can abort or permanently stop.
• 2) In order to continuously provide stable service, the company shall repair or restore equipment is damaged or lost without delay.
• 3) The Company discloses and obeys the personal information processing policy for the protection and security of the user's personal information.
• 4) The Company shall take appropriate measures when it is deemed to be justified or dissatisfied by the customer and shall notify the user of the reason and the processing schedule if it is difficult to resolve immediately.
• 5) The Company strives for the convenience of the users in terms of the procedures and contents related to the contracts with the users, such as the conclusion of the contract of use, the modification of the contract, and the termination of the contract.

Article 12 [Obligations of User]

Chapter 5: Measures Concerning The Rights Of Users Of Services

Article 14 [Withdrawal of Consent]

• The Company shall take necessary measures to enable users to withdraw their consent of use or provision of their personal information to the Services screen.

Article 15 [Treatment of Complaints]

• 1) The Company shall arrange procedures for collecting user opinions and complaints regarding personal information.
• 2) The Company shall accept and process customer complaints through telephone, e-mail or consultation from the service screen.

Chapter: 6 Rates

Article 16 [Fare Types and Calculation]

• 1) The fees that the user must pay in with the use of the paid service provided by the Company shall be as stated in the purchase instructions.
• 2) Fees are based on the pre-payment system as defined by each service and may be redeemed through a separate contract with the Company as necessary.
• 3) Advance payment can be used to check the bank deposit and pay the bill.

Article 17 [Payment method]

Article 19 [Appeal of charges, etc.]

• 1) The user can file an appeal within 3 months from the date of the claim if there is an objection to charges.
• 2) The Company shall investigate the validity of the appeal within two weeks from the receipt of the objection under Clause 1 and notify the user or its agent of the result.
• 3) If it is not possible to notify the result of the appeal within the period set forth in Clause 2 due to unavoidable reasons, it shall be notified to the user or its agent.

Article 20 [Return of fees, etc.]

Chapter 7: Damages and Other Matters

Article 21 [Scope and claim of damages]

• 1) If a company or a user violates the provisions of this Agreement and causes damages to the Company or any other user or a third party, the party who breaches the Terms shall be liable for damages.
• 2) The Company shall not be liable for damages incurred by the user due to intention or negligence of the user.
• 3) If the Company receives various complaints from third parties other than the user due to illegal acts or violations of the Terms by the user in using the Company's services, the have to indemnify the company for the cost.
• 4) In case of damages to the user due to the service provided by the Company, the Company shall compensate the damages only if the damages are caused by the Company as follows.
  • In the event of a defect in the production of the product, the total amount of the service purchase amount will be reimbursed.

Article 22 [Indentiification]

• 1) The Company shall not be liable for any damages incurred by the User if the Service cannot be provided in the following cases:
  • If the service can not be provided due to natural disasters, war or other force nature.2. The Company shall not be liable to compensate the user for the mental damage caused by other members while using the service.
  • In case the service stop schedule such as system improvement, replacement, periodic inspection is notified in advance in order to provide efficient service.
  • In case of disability of use of the service due to the reasons for the user.
  • When there is no cause for intentional negligence of the company.
• 2) The Company shall not be liable to compensate the user for the mental damage caused by other members while using the service.
• 3) The user is not responsible for the contents posted on the service.
• 4) The Company shall not be liable for the service provided free of charge even if it fails to provide the service to the user due to the reason of the company.
• 5) The Company has no obligation to intervene in the dispute between users and between the user and the third party through the service and is not responsible for any damages caused by the dispute.
• 6) The application of this Agreement shall be limited to the user who concluded the contract of use, and the Company shall not be liable for any compensation or lawsuits from third parties.

Article 23 [Dispute Arrangement]

• 1) This Agreement shall be governed by and enforced by the laws of the Republic of Korea.
• 2) For disputes arising out of the use of the Service, the court having jurisdiction over the address in the Civil Procedure Act shall be the jurisdiction.

Article 24 [Application of the Regulations]

• The matters not specified in these Terms and Conditions shall be governed by the relevant laws and regulations, and not by the law.

• Addendum
• (Effective Date) This Agreement will be effective from July 1, 2012.