Terms and conditions Introduction Welcome to Smitz, our service integrated into our website (https://www.sweetndata.com) and mobile application (the "Service"), and FanCard, our web fan card sales service, provided by SweetnData. For the purposes of these Terms of Use (the "Terms"), SweetnData is referred to as "Company," "we," "us," or "our". For your convenience as a user of the Service, you are referred to as "you", "your" or "user". These Terms set forth the terms and conditions under which you, as a user, may create an account, access and use the services, content, products, applications and websites operated by SweetnData (collectively, the "Services"), and purchase some of the content available through the Services as in-app purchases. If you are under the age of 18 (or the age of majority in your jurisdiction), you may use the Services only with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed and discussed these Terms with you. These Terms and SweetnData's Subscription Policy (available at https://www.sweetndata.com), which forms an integral part of these Terms, constitute a legally binding agreement between you and us, and we encourage you to review these Terms before using the Services to avoid any confusion regarding SweetnData's and Smitz's enforcement of these Terms. If you do not agree to be bound by these Terms, please do not use our Services or discontinue use immediately. 1. accept 1.1. Your access and/or use of the Service constitutes your agreement to be bound by these Terms and your confirmation that you have the legal capacity to enter into a binding contract with SweetnData. 1.2. Your access to and use of the Service is governed by SweetnData's Privacy Policy, available at https://www.sweetndata.com. By using the Service, you agree to the terms of SweetnData's Privacy Policy. 1.3. If you are accessing and/or using the Services by or on behalf of a legal entity, you warrant and represent that (i) You are an authorized legal representative of the entity. (ii) You are legally authorized to enter into a binding contract with SweetnData on behalf of such entity. (iii) You agree to be bound by these Terms on behalf of such entity; (iv) the entity you are representing is operating a lawful business under applicable law. 1.4. Modifications to these Terms will be effective immediately upon notice: (i) by posting on SweetnData's website at https://www.sweetndata.com; (ii) by email notice; or (iii) through our applications. 1.5. It is your responsibility to review the Terms from time to time for any changes. Your access to and use of the Services following any changes to these Terms constitutes your agreement to and acceptance of them. If you do not agree to any subsequent revisions to the Terms, please immediately discontinue using the Service and, if applicable, terminate your account. 2. Access and usage restrictions 2.1. Unless we otherwise specifically authorize you to use the Services (including if such authorization is granted pursuant to Section 2.2. of these Terms), our Services are provided solely for your personal, non-commercial use. We may offer certain portions of the Services for free, for a one-time fee, on a subscription basis, or under other lawful pricing structures. In all of the above cases, our Services are not being sold to you, but rather you are being granted or purchasing a limited license to use the Services. 2.2. We also reserve the right to permit and license commercial use of the Service to entities acting as Users under these Terms through a separate subscription (a "SweetnData Business" or "Smitz Business" or "FanCard" subscription). "Commercial Use" in this Section 2.2 means your use of the Services: (i) you derive any of the following benefits as a result of your use of the Service (1) the amount of time such user spends using the Services; or (2) such user's content (including, without limitation, User Content) is enhanced by such user's use of the Services; or (ii) such user's use of the Services is primarily for the purpose of or for commercial gain or monetary compensation. For more information about SweetnData business subscriptions, please refer to SweetnData's Subscription Policy, available at https://www.sweetndata.com. 2.3. Unless specifically stated otherwise, use of our Paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically state otherwise, use of our mobile applications is limited to the specific device and/or operating system you are using at the time you purchase a license to use the application. 2.4. When using our Services, you agree to comply with all applicable federal, state and local laws, including but not limited to copyright laws. Except as expressly permitted by these Terms or as otherwise permitted by us, you may not use, reproduce, duplicate, copy, unauthorized copying, modify, alter, adapt, reverse engineer, disassemble, decompile, distribute or create derivative works based on, publicly display, publicly perform, post, transmit or otherwise exploit the Service Content (as defined below) or any content contained therein for any purpose without our or, in the case of Third Party Content, the applicable owner's prior written consent. You acknowledge that you do not acquire any rights (including ownership) in or to the Service Content by downloading, installing or printing any Service Content. 2.5. In addition, except as expressly permitted under these Terms, applicable laws and regulations, you may not (i) access or use the Services if you do not have the legal capacity to agree to these Terms or have not been authorized by a parent or legal guardian to use the Services; (ii) remove, alter, obscure, or distort any copyright and/or trademark notices or other proprietary rights notices that we include on the Service or any Service Content; (iii) transfer, distribute, license, or sell the Service or any work derived therefrom, in whole or in part; (iv) sell, rent, or lease the Services for profit or remuneration; (v) use the Services for advertising, commercial purposes and/or commercial solicitation (except as specifically authorized under Section 2.2 of these Terms); (vi) use the Services for the purpose of spamming; (vii) circumvent, disable, or otherwise interfere or attempt to interfere with the normal operation and security features of the Service, including, without limitation, features that prevent or restrict the use or copying of software or other Service content, interfere with SweetnData's website or networks connected to the Service, or circumvent any measures we may use to prevent or restrict access to the Service; (viii) integrate the Services or any part thereof into any other program or product; (ix) use any automated device, manual process or script to copy or "scrape" any content of the Service for any purpose without SweetnData's express written permission; (x) harvest or collect any personal information (including Personal Data) of any other user of the Services, including, without limitation, usernames, passwords, or email addresses; (xi) use network monitoring software to understand the architecture of the Services or to extract usage data from the Services; (xii) violate any regulations and laws relating to the import and export of the Republic of Korea, including, without limitation, the Export Control Act and the Export Control Regulations administered by the Ministry of Commerce; (xiii) engage in conduct that restricts or interferes with any other user's use or enjoyment of the Services; (xiv) impersonate any person or entity, provide false statements, misrepresent yourself or your affiliation with any person or entity (including SweetnData/Smitz), or otherwise attempt to represent Your Content as Service Content or Content provided by SweetnData; (xv) distribute, promote, upload, store, make available to or share with other users, sexually explicit, violent, or discriminatory (based on race, gender, disability, sexual orientation, or age) content or materials, attempt to gain access to another user's account, service, or system, or create a false identity on the Service; 2.6. You are prohibited from using the Services in a manner that may adversely affect SweetnData's reputation in accordance with the Terms and SweetnData's guidelines. 2.7. You may not use the Services to distribute, upload, store, or make available to other users: (i) Any files that contain viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material; (ii) unsolicited or unauthorized advertising, solicitations, or promotions (except as specifically authorized under Section 2.2 of these Terms); (iii) Spam or other prohibited forms of solicitation; (iv) any personal or private information (including Personal Data) of any third party, including, without limitation, your address, telephone number, email address, information contained in your personal identification, or credit card number; (v) infringes or may infringe the copyright, trademark, other intellectual property or privacy rights of others; (vi) defamatory, obscene, abusive, pornographic or hateful material; (vii) any material that constitutes or encourages, or provides instructions for, illegal conduct or self-harm; (viii) any material that involves trolling and/or harassment, or is specifically designed to provoke or antagonize people, or is intended to harass, harm, hurt, frighten, bully, embarrass, or upset people; (ix) Any material that contains threats of any kind, including threats of physical violence; (x) Any material that is racist or discriminatory, including discrimination based on race, religion, age, gender, disability, or sexual orientation; (xi) answers, responses, comments, opinions, analysis, or recommendations that you are not qualified or properly licensed to provide; or (xii) any material that, in SweetnData's sole judgment, is objectionable, restricts or interferes with any other person's use of the Service, or exposes SweetnData, our Service, or its users to any harm or liability of any kind. 2.8. In addition to the above restrictions, your access and use of the Services must at all times comply with SweetnData's website guidelines and Privacy Policy. 2.9. SweetnData reserves the right, in its sole discretion, to remove or disable access to any content and/or materials available on the Service at any time, without prior notice, for any reason or no reason. 3. service content 3.1. As between SweetnData and You, all content (and derivative works thereof) made available through the use of the Service, including, without limitation, works of authorship, software, images, text, files, materials, graphics, illustrations, logos, trademarks, service marks, photographs, audio and/or music files, videos, audiovisual works, URLs, technology, documentation, interactive features, and/or other content, materials, products and/or services protected under intellectual property laws ("Service Content"), is owned by or licensed to SweetnData; provided, however, that you and/or your licensors enjoy ownership rights with respect to any User Content (as defined in Section 4 of these Terms) that you upload or transmit through the Service. Any use of Service Content on the Service for any purpose not expressly permitted in these Terms is strictly prohibited. 3.2. You may not download, copy, reproduce, distribute, transmit, transmit, broadcast, display, sell, license, or otherwise exploit the Service Content for any purpose without the prior written consent of us or our licensors, as applicable. We and our licensors reserve all rights to our licensors' content that are not expressly granted to you. 3.3. All rights in and to audio and/or music files and/or recordings made available on or through use of the Service may not be licensed without the prior written consent of the respective rights holders. 3.4. You acknowledge and agree that SweetnData shall have the right to generate revenue or increase the value of the Company as a result of your use of the Service, including, without limitation, through advertising, sponsorships, promotions, and the sale of Usage Data, and that, except as otherwise set forth in these Terms or any other agreement entered into between you and SweetnData, you shall have no rights with respect to any such revenue, goodwill, or value. You further acknowledge and agree that, except as otherwise set forth in these Terms or any other agreement entered into between you and SweetnData, you shall have no right to (i) You are not entitled to receive any income or other consideration for the use of any User Content (including User Content you create) or photos, presets, audio and/or music files and/or recordings, audiovisual works made available to you on or through your use of the Services. (ii) exercise any right to monetize or receive payment for User Content, including if such content is subsequently uploaded, posted, transmitted, or otherwise made available on a third-party service (e.g., you may not claim monetization for User Content uploaded to a social media platform such as YouTube). 3.5. Subject to the terms and conditions set forth in these Terms, and unless otherwise provided in these Terms or specifically authorized by SweetnData, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Service, download the Platform to your device and access the Service Content solely for your personal, non-commercial use in compliance with these Terms. SweetnData reserves all rights in and to the Service and Service Content not expressly granted in these Terms. You acknowledge and agree that SweetnData may terminate this license at any time for any reason or no reason. 4. User-generated content 4.1. Service Users may upload, post, transmit, or otherwise make available through the Services any content, including, but not limited to, text, photos, videos, SweetnData presets, audio and/or music files embodied therein, and video/audiovisual works (hereinafter referred to as "User Content"). Users of the Service may create User Content in collaboration with other users, which involves extracting User Content created by other users and combining and aggregating User Content created by two or more users. Users of the Service may also overlay music, graphics and other elements provided by SweetnData onto this User Content and transmit this User Content through the Service. The information and materials in User Content, including User Content containing the elements mentioned above, have not been verified or approved by us. The views expressed by other users on the Service do not represent our views or values. 4.2. Whenever you access or use any feature that allows you to upload, transmit, or otherwise create User Content through the Services (including through certain third-party social media platforms, such as Instagram, Facebook, YouTube, and Twitter), or whenever you interact with other users of the Services, you must comply with the standards set forth in "Access and Use Restrictions" above. In addition, you may choose to upload or transmit User Content from a site or platform hosted by a third party. If you decide to do so, you must comply with the standards set forth in "Access and Use Limitations" above, as well as any applicable content guidelines. As noted above, these features may not be available to all users of the Services, and we shall have no liability to you for limiting your rights to certain features of the Services. 4.3. you warrant that such Contributions comply with applicable standards, and you will be liable to us and indemnify us for any breach of that warranty, which means that you will be legally responsible for any loss or damage we suffer as a result of any breach of your warranty. 4.4. All User Content is deemed to be non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. If you submit User Content through the Services, you agree and represent that you own such User Content or have been granted all necessary rights, permissions, or authorizations from the owner of any part of the content to submit such content to the Services, to transfer it from the Services to other third party platforms, or to adopt third party content. 4.5. If you own only the rights to a sound recording and the sound source, but not the rights to the underlying musical work embodied in that sound recording, you may not post that sound recording to the Service unless you have received all rights, permission, or delegated authority to do so from the owner of the portion of the Content you are submitting to the Service. 4.6. While you or the owner of your User Content still owns the copyright in the User Content transmitted to us, by submitting User Content through the Services, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide license to view, access, use, download, modify, adapt, reproduce, create derivative works from, publish and/or transmit and/or distribute, and authorize other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, publish and/or transmit your User Content in any and all formats and platforms now known or hereafter invented. 4.7. You also grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of your User Content. However, your ability to provide your image, voice, and likeness may be limited by age restrictions. 4.8. For the avoidance of doubt, the rights granted in the preceding paragraphs of this section include, but are not limited to, the rights to reproduce sound recordings (and mechanical copies of the musical works embodied in such sound recordings) and to publicly perform and communicate the sound recordings (and the musical works embodied therein) to the public on a royalty-free basis. This means that you grant us the right to use your User Content without any obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization ("PRO"), a recording PRO, a union or guild, or an engineer, producer, or other royalty participant involved in the creation of your User Content. 4.9. As a user of the Platform, you are responsible for the content you post. If you have any questions about copyright or trademark law, including questions about whether your content or use of another's name or brand infringes or otherwise violates another's rights, you may want to contact an attorney. If you are unsure whether the material you wish to report to us infringes or otherwise violates the rights of others, we recommend that you seek legal advice before reporting the content to us. 4.10. SweetnData reserves the right to remove any User Content that infringes or violates any third party's intellectual property rights (including copyright and/or trademark rights). 5. musical works and recording artists 5.1. If you are the composer or author of a musical work and are affiliated with a performing rights organization ("PRO"), you must notify your PRO of the royalty-free license you are granting to User Content through these Terms to us. You are solely responsible for complying with the notification obligations of the relevant PRO. If you have assigned your rights to a music publisher, you must obtain the consent of the music publisher or cause the music publisher to enter into these Terms with us in order to grant the royalty-free license set forth in these Terms to your User Content. The fact that you have authored a musical work (e.g., composed a song) does not give you the right to grant us the license set forth in these Terms. If you are a recording artist under contract with a record label, you are solely responsible for ensuring that your use of the Services complies with your contractual obligations to the record label, including creating new recordings through the Services that may be billed by the record label. 6. deliver to your audience 6.1. All rights you grant in your User Content in these Terms are intended for an audience, which means that the owners or operators of the Third Party Services are not separately liable to you or any other third party for any User Content posted or used on the Third Party Services through the Services. 7. waive rights to user contributions 7.1. By posting User Content on or through the Services, you waive any and all rights to pre-screening or approval of any marketing or promotional materials related to such User Content. You also waive any and all other rights of privacy, publicity or similar nature with respect to your User Content or any portion thereof. To the extent moral rights are not transferable or assignable, you waive and agree not to assert any moral rights or to support, maintain, or permit any action based on any moral rights you may have in any User Content that you post, upload, or distribute in any form on or through the Services. 7.2. We also reserve the right to disclose your identity to any third party who claims that User Content posted or uploaded by you to our Services infringes their intellectual property or privacy rights. 7.3 We or authorized third parties reserve the right to trim, crop, edit, or refuse to post any of Your Content in our or the third party's sole discretion. We reserve the right to remove, disallow, block or delete any postings you make to our Service if we believe that your postings do not comply with the content standards set forth in "Access and Use" above. In addition, we have the right, but not the obligation, to remove, disallow, block or delete any User Content in our sole discretion: (i) is deemed to be in violation of these Terms; or (ii) in response to complaints by other users or third parties, with or without notice, and without liability to you. Accordingly, we recommend that you save a copy of all User Content you post to the Service on your personal device if you wish to have permanent access to a copy of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and in no event will we be liable in any way for any User Content. 7.4. You control whether your User Content is publicly available on the Services to all other users of the Services or only to those you authorize. To restrict access to your User Content, you must select the privacy settings available within the Platform. 7.5. We disclaim any liability in connection with any Content submitted by you and posted by us or authorized third parties. 7.6. If you wish to complain about information or materials uploaded by another user, please contact us at info@sweetndata.com. 7.7. SweetnData will take reasonable steps to remove infringing material of which we become aware from our Services in a timely manner. It is SweetnData's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of Service users who repeatedly infringe the copyrights or intellectual property rights of others. 8. intellectual property rights 8.1. SweetnData's Terms and Community Guidelines do not permit you to post, share, or transmit any content that violates or infringes on the copyrights, trademarks, or other intellectual property rights of others. 8.2. Our Service Content and all intellectual property rights therein are owned by us, our licensors, or both. In addition, all trademarks, service marks, trade names, and trade dress that may appear on our Service are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you do not acquire any right, title, or interest in or to our Service or any content on the Service. All rights not expressly granted in these Terms of Use are expressly reserved. 8.3. We will respond expeditiously to claims of copyright or trademark infringement reported to the Support Team designated to receive infringement notifications. If you are a copyright or trademark owner (or someone authorized to act on behalf of such owner) and believe that your work has been infringed, please report the infringement to us by submitting a written notice of alleged infringement to our Support Team that includes the following required information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) identification of the copyrighted work that is claimed to have been infringed, or, if multiple copyrights at a single online site are covered by a single notification, a representative list of such works located at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (iv) information reasonably sufficient to permit Twitter to contact you, such as your address, telephone number and, if available, an electronic mail address at which you may be contacted. (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) a statement that the information in the notification is accurate and that, under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate action in accordance with the Digital Millennium Copyright Act. Inquiries that do not follow this procedure may not receive a response. 9. intellectual property infringement 9.1. We do not allow copyright or trademark infringement: (i) Trademark Infringement: The unauthorized use of a trademark or service mark, generally in connection with goods or services, in a manner that is likely to cause confusion, deception, or mistake as to the source, sponsorship, or affiliation of the goods and/or services involved. (ii) Using another's copyrighted content without proper permission or a legally valid reason is a violation. Infringement of your intellectual property rights may result in a violation of SweetnData's policies. 9.2. At the same time, we recognize that not all unauthorized use of copyrighted content constitutes copyright infringement. Many countries have exceptions to copyright infringement that allow works to be used without permission in certain circumstances. 9.3. In addition, using someone else's trademark for the purpose of accurately referencing, legitimately commenting on, criticizing, parodying, or reviewing the trademark owner's products or services, or comparing them to other products or services, will generally not be considered a violation of our policies, provided that the trademark is not used to designate your own goods or services or those of a third party. Similarly, creating a fan page for a brand is generally permitted without the brand's permission, provided that you do not claim to speak for or be affiliated with the brand or infringe on the brand's intellectual property rights. 10. your account in the Service 10.1. you may open an account on the Service in order to use certain features and/or functionality on the Service (including, without limitation, to enable certain features and/or functionality available through paid subscriptions); and 10.2. You acknowledge and agree that if you have a paid subscription through the Service, logging out of your account on the Service will immediately disable certain features available with that subscription. If you have a paid subscription directly from the Service (by providing us with one or more payment methods (as set forth in Section 1.3. of SweetnData's Subscription Policy) or if you access and use the Service without a paid subscription, logging out of your account on the Service will have no further effect. 10.3. SweetnData reserves the right to refuse to provide the Service, restrict your access to the Service, or suspend or terminate your account on the Service if you violate any third party's intellectual property rights, these Terms, and/or any provision of the guidelines on the SweetnData website. SweetnData also reserves the right to refuse to allow any user whose account has been suspended or terminated pursuant to this Section 10.3 to open a new account on the Service. 10.4. You may delete your account on the Service, in which case all posts made under that account, the contents of the "Favorites" section of that account, and any information (including personal information and/or data) provided under that account (including, without limitation, name, gender, profile picture, logs, and information on and off the social networks associated with that account) may be immediately deleted. Please note that deleted accounts cannot be restored by the Service. 10.5. If you delete your account on the Service and have a paid subscription through the Service, you will need to create a new account on the Service and activate certain features available through your paid subscription in that new account to access the above features and/or functionality. 11. checkout 11.1. Fees paid under this Agreement are non-refundable for any reason, except in the event of suspension or termination of your account with the Service, your inability to utilize any portion of the Service (including paid subscriptions and/or features and/or functionality offered for a fee), prepayment or cancellation of the Service, or as otherwise specified by SweetnData. 12. In-app purchases and subscriptions 12.1. Preset Packs. Some Users who obtain Artist status in the course of the Services may be able to create Presets and (or) Preset Packs ("Preset Packs"). Artist status is granted to Users by SweetnData in its sole discretion and may be revoked by SweetnData at any time. SweetnData may, but is not obligated to, grant Artist status to Users engaged in professional-level design, photography, etc. Preset Packs created by Artists will be referenced in the Service Content as set forth in Section 3. Your use of Preset Packs after purchasing them is limited by the license granted to you by SweetnData and is subject to other restrictions set forth in these Terms of Use. 12.2. Artists may publish the Preset Packs they create to their account on the Service and may sell such Preset Packs to other users of the Service (regardless of whether or not the user subscribes to the Service). Users are free to purchase Preset Packs created and offered by Artists, and may use them in strict accordance with these Terms of Use. Preset Packs purchased by Users may be used by Users without time limitation. Users may initiate the purchase of an offered Preset Pack directly from the Artist's account or by clicking the relevant button on the Artist's post. 12.3. In-App Purchases. When you purchase a Preset Pack, you are making an in-app purchase, and payment for such purchase is handled directly by the app store owner and is subject to the app store's terms and conditions and other applicable policies. We encourage you to review and agree to the app store's terms and conditions regarding your right to cancel your order and receive an associated refund. We therefore recommend that you contact the app store directly if you have any payment-related issues. All purchases made through the Service are final and non-refundable, except as required by law. You agree that you will not receive any monetary or other compensation for unused presets, preset packs. 12.4. Non-Renewing Subscriptions. You may purchase a non-renewing subscription during the Service Term to use a Preset Pack for a limited period of time. This type of subscription does not automatically renew. A non-renewing subscription allows you to access an Artist's Preset Pack for a limited period of time. When a non-renewing subscription ends, your access to the artist's preset packs ends. SweetnData created by the user during the subscription period will remain accessible to the user, and may be used by the user strictly for personal use. Users cannot reuse preset packs after the subscription ends. 13. disclaimers 13.1. You agree to defend, indemnify and hold harmless SweetnData, its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and expenses) that may arise out of or relate to your failure to (i) your use of our Services or users of your Account; (ii) User Content provided by you or made available through your use of your membership/account; (iii) You or any user of your Account has actually violated or allegedly violated these Terms of Use; (iv) any actual or alleged breach of any representation, warranty or covenant made by you or any user of your account to us; or (v) any act or omission of you or any user of your Account. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations under this Agreement. 14. Warranty Exclusions 14.1. you expressly agree that your use of our services is at your sole risk. our services and service content (including software) are provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied. without limiting the foregoing, to the fullest extent permitted by law, sweetnData and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and related companies disclaim all warranties, including any implied warranties: (i) a warranty that our Services will meet your requirements; (ii) warranties regarding the availability, accuracy, security, usefulness, timeliness, or informational content of our Services or the content of the Services; (iii) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (iv) warranties about services or goods received through our Services or accessed through advertisements or our Services; (v) any warranties as to the accuracy or reliability of the results that may be obtained from the use of our Services; (vi) warrant that your use of our Services will be secure or uninterrupted; and (vii) any warranty that any errors in our Services or the content of the Services (including the Software) will be corrected. 14.2. no conditions, warranties or other terms (including any implied terms of satisfactory quality, fitness for purpose or conformity to description) apply to the Services except as expressly set out in the Terms. We may change, suspend, withdraw or limit the availability of all or part of the Platform at any time and without prior notice for business and operational reasons. 14.3. You acknowledge and agree that when you view content provided by others on the Services, you do so at your own risk. The content on our Services should be considered general information and does not constitute advice on which you should rely. You should always seek professional or expert advice before taking or refraining from taking any action based on the content on our Services. 14.4. We make no representations, warranties or guarantees, express or implied, as to the accuracy, completeness or currency of the content of the Service (including User Content). Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of such sites or resources, and such links should not be construed as our endorsement of the linked websites or the information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content (including User Content) posted to the Service by you and other users. 15. Limitation of Liability 15.1. nothing in these Terms excludes or limits our liability for any loss that cannot be legally excluded or limited by applicable law, including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and liability for fraud or fraudulent misrepresentation. 15.2. Subject to the above paragraphs, we will not be liable for (i) any loss of profit (whether or not directly or indirectly caused); (ii) Loss of goodwill; (iii) Any lost opportunities; (iv) any loss of data suffered by you; or (v) any indirect or consequential losses that you may suffer. All other losses will be limited to the amount paid by you to SweetnData within the last 12 months. 15.3. any loss or damage that may occur to you as a result of (i) any loss and damage resulting from your reliance on the completeness, accuracy or existence of any advertisement, or as a result of any relationship or dealing between you and any advertiser or sponsor placing an advertisement on the Service; (ii) any changes we make to the Service or any permanent or temporary discontinuance of the provision of the Service (or any feature within the Service); (iii) the deletion, corruption, or failure to store Content and other communications data maintained or transmitted by or through your use of the Services; (iv) you have not provided us with accurate account information; or (v) You have failed to keep your password or account details secure and confidential. 15.4. Please note that we provide our Platform for domestic and personal use only. You agree not to use our Platform for any commercial or business purposes unless otherwise expressly authorized under these Terms, and we will not be liable to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption or loss of business opportunity. 15.5. If a defect in the Digital Content provided by us causes damage to your device or Digital Content and this is caused by our failure to use reasonable care and skill, we will repair the damage or pay compensation to you, but we will not be liable for any damage that could have been avoided if you had followed our advice to apply any free updates, or for any damage caused by your failure to follow the installation instructions correctly or to have the minimum system requirements as advised by us. 15.6. these limitations on our liability to you apply whether or not we have been advised or should have known of the possibility of such loss. 15.7. You are responsible for all mobile charges that may apply to your use of the Services, including text messaging and data charges. If you are not sure what the applicable charges are, you should contact your service provider before using the Services. 15.8. To the fullest extent permitted by law, any dispute with any third party (including, without limitation, any carrier, copyright holder or other user) arising out of your use of the Service is directly between you and such third party, and you irrevocably release us and our affiliates from all claims, demands and damages (actual and consequential) of every kind and nature, including reasonable attorneys' fees, arising out of or in any way related to such dispute. 15.9. Notwithstanding anything to the contrary contained in this Agreement, in no event shall the cumulative liability of SweetnData and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and related companies exceed the total payments received by SweetnData from you during the preceding twelve (12) months. You further agree that any cause of action arising out of or relating to our Services or these Terms of Use must be commenced within one (1) year after the cause of action arose or such cause of action is forever barred. 15.10. Some jurisdictions do not allow limitations of liability. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations apply to the fullest extent permitted by law. 16. closing clause 16.1. Jurisdiction and Venue These Terms of Use shall be construed in accordance with the laws of the Republic of Korea without regard to its conflict of law rules. Any legal action against SweetnData that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought in the Seoul Central District Court, and you waive any jurisdictional, venue, or inconvenient forum objections to such court. 16.2. Dispute Resolution and Mandatory Arbitration. This section contains an agreement to arbitrate and an agreement that any claims are brought only in an individual capacity and not as a class action or other representative proceeding. Please read it carefully. You may opt out of the Arbitration Agreement by following the opt-out process described below. Informal Procedures First. You agree that if a dispute arises between you and SweetnData, you will make a good faith and continuing effort to resolve the dispute by first contacting SweetnData before resorting to more formal means of resolution, including, but not limited to, court action. Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claims") in any way relating to your use of SweetnData's Smitz Services and/or other products, including the Services, or to any communications between you and SweetnData or other users of the Services, may be finally resolved by binding arbitration. This binding arbitration agreement applies equally to you and SweetnData; provided, however, that this arbitration agreement (a) does not apply to claims by SweetnData for infringement of SweetnData's intellectual property rights or for access to the Service in excess of the rights granted by these Terms, and (b) does not prohibit you from using applicable small claims court procedures where appropriate. If you are an individual, you may opt out of this arbitration agreement within 30 days of accessing or using the Service by following the procedures described below. You agree that the laws of the Republic of Korea will govern the interpretation and enforcement of this provision, and that you and SweetnData each waive the right to a trial by jury or to participate in a class action. This arbitration provision will survive the termination of these Terms. To initiate an arbitration proceeding, you must exhaust the informal dispute resolution process and send a letter requesting arbitration and describing your claim to SweetnData Inc., 2F, 217, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea. Email address: info@sweetndata.com We each agree that any claim or dispute between us, and any claim made by either of us against the other's agents, employees, successors, or assigns (including, to the extent permitted by applicable law, third parties who are not signatories to this Agreement, whether related to this Agreement or otherwise, including in the past) will be resolved exclusively in favor of the other party, the arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that this Arbitration Agreement is void or voidable, in whole or in part. However, the preceding sentence does not apply to the "Class Action Waiver" section below. If you do not wish to arbitrate any dispute with SweetnData and you are an individual, you may opt out of this Arbitration Agreement by sending an email to info@sweetndata.com within 30 days of accessing or using the Service. 16.3. Class Action Waiver To the extent permitted by law, we waive the right to pursue disputes on a class basis, that is, to bring claims together with the claims of other persons or entities in a lawsuit, arbitration, or other proceeding, or to bring claims in a representative capacity on behalf of others. All claims must be brought in each party's individual capacity and not as a plaintiff or class member in a class action, collective action, representative action, multi-plaintiff action, or similar action ("Class Action"). The parties expressly waive the right to maintain a class action in any court. If a claim is subject to arbitration, the arbitrator shall have no authority to combine or consolidate similar claims or to conduct a class action, and shall have no authority to enter an award against any person or entity that is not a party to the arbitration. Any claim that this Class Action Waiver is unenforceable, unconscionable, void, or invalid, in whole or in part, may be determined only by a court of competent jurisdiction and not by the arbitrator. The parties understand that they are giving up their right to litigate in court, have a judge or jury decide their case, or be a party to a class or representative action, and that all claims must be decided individually through arbitration. If this class action waiver is found to be unenforceable, it will be null and void, even if the entire Arbitration Agreement remains valid. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than arbitration, you and SweetnData waive your right to a jury trial. To the fullest extent permitted by law, we waive our right to a trial by jury in any lawsuit, arbitration or other proceeding. If SweetnData's copyright agent receives a counter-notice, we may send a copy of the counter-notice to the party originally complaining, notifying them that we may replace the removed content or cease disabling it. Unless the party originally complaining files an action seeking a court order against the content provider, member or user, SweetnData may, in its sole discretion, replace the removed content or restore access to it within 10 business days of receiving the counter-notice. Please understand that submitting a counter-notice may result in legal proceedings between you and the disputing party to determine ownership. Please note that if you use this process to make false or malicious claims, you may face adverse legal consequences in your country. 16.4. Other No waiver by either party of any breach or default of these Terms shall be deemed a waiver of any prior or subsequent breach or default. The section headings used in these Terms are for convenience only and shall not be given any legal significance. Except as otherwise provided, if any part of these Terms of Use is unlawful or unenforceable for any reason, the parties agree that only that part will be deleted and the remaining provisions of the Terms of Use will not be affected. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior written or oral agreements between us with respect to such subject matter. You may not assign these Terms of Use or transfer any of your rights or delegate any of your obligations under these Terms of Use, in whole or in part, without our prior written consent. Any such assignment or delegation purported by you without proper prior written consent shall be null and void and of no effect. We may assign these Terms of Use or any of our rights under these Terms of Use without your consent and without prior notice.