The purpose of these terms and conditions is to define the rights, obligations, and responsibilities between the company and the member regarding the terms and procedures for using the Piki services and related services provided by Piki (hereinafter referred to as the "Service").
Article 2 (Definition of Terms)
The definitions of the terms used in these terms and conditions are as follows:
1.
"Service" means various services related to Piki, including information search, communication with other users, providing postings, and virtual asset transactions, through the website and application (app) of Piki domain, including Piki. You can freely use Piki services through various devices capable of using the Internet such as PCs and mobile phones. The specific content of each individual service can be easily found in the guide, notice, and customer center of each service.
2.
"Member" means a person who has signed an "Service Usage Agreement" (hereinafter referred to as the "Usage Agreement") with the company in accordance with these terms and conditions by becoming a member of the exchange.
3.
"ID (or account)" means a combination of characters or numbers determined by the member and approved by the company for identification and use of the service.
4.
"Password" means a combination of characters or numbers determined by the member for verifying that the member matches the ID assigned to the member and for protecting the member's privacy.
5.
"Virtual asset" means an electronic proof according to Article 2, Paragraph 3 of the Act on Reporting and Using Specified Financial Transaction Information (hereinafter referred to as the "Specific Financial Information Act").
6.
"ACORN (Points)" means a virtual payment method that can be exchanged for virtual assets, which is a virtual payment method used in the services provided by the company.
7.
"Piki Wallet Address" means an address generated by the company in conjunction with the member's ID. The member can receive and send virtual assets through the Piki Wallet Address.
8.
"Electronic device" means various wireless and wired devices such as computers and mobile devices that are necessary for members to use the service.
9.
"Hard fork" means the creation of a new blockchain that is not compatible with the previous blockchain during the blockchain software update process. New virtual assets can be created during this process.
Article 3 (Specification, Explanation and Amendment of Terms and Conditions)
①
These terms and conditions apply to the Company's service provision and the Member's use of the service.
②
If the Company intends to change these terms and conditions, it must publish the details thereof on its website or other means provided by the Company 30 days prior to such change and notify the Members. However, if a Member raises an objection, the Company must confirm that the Member has been notified of the amended terms and conditions through an appropriate method.
Notwithstanding the provisions of paragraph 2 above, if the terms and conditions are urgently amended due to amendments to the law, the amended terms and conditions must be posted on the website provided by the Company for at least 30 days and Members must be notified thereof.
③
When the Company individually notifies Members of amended terms and conditions pursuant to paragraphs 2 and 3 above, it shall request that Members confirm their agreement or objection to the amended terms and conditions before the effective date and clearly indicate that failing to express an objection will be deemed as agreement to the amended terms and conditions. If a Member does not explicitly express objection, it will be deemed that the Member has agreed to the amended terms and conditions.
Article 4 (Supplementary Rules and Regulations)
Any matters that are not specified in the agreement, the member shall comply with relevant laws and regulations, common practices, or individual service terms and conditions.
Chapter 2. Conclusion of the Service Contract (Membership Registration)
Article 5 (Conclusion of the Service Contract)
①
The service contract is established when the applicant who wishes to become a member (hereinafter referred to as the "applicant") agrees to the contents of this agreement and completes the application process according to the procedures determined by the company, and the company approves the membership registration.
②
The time of establishment of the service contract shall be the time when the company indicates the completion of account creation in the application process or the time when the company's approval reaches the member.
③
The company may reject or defer approval of the following types of application, and may cancel approval or terminate the service contract if any of the following circumstances are confirmed even after approval of the application:
1. If the applicant is under 19 years of age
2. If the applicant cannot be verified
3. If the applicant fails to provide the necessary information or provides false information when applying for membership
4. If the applicant applies for the purpose of violating laws, disrupting social order or public morals
5. If the applicant has had their service contract terminated under Article 20 of this agreement, even though they have already entered into a service contract with the company/li>
6. If the applicant submits multiple applications for membership
7. If the applicant is a citizen, resident, or a person of interest designated in the data of a reputable agency that evaluates national risks, such as the "Act on Specific Financial Information," related laws, "Regulations on Anti-Money Laundering and Anti-Terrorist Financing," the Financial Action Task Force (FATF), the United Nations (UN), and the like
8. If the applicant intends to use the service for a separate business purpose
9. If there is no available equipment or if there are technical difficulties in providing the service
10. If the company needs to temporarily defer new membership registrations due to government policies
④
Under this agreement, ownership of the KRW and virtual assets transferred by members to the company belongs to the company, and members have the right to claim their return.
Article 6 (Customer Verification Obligation)
①
In order to verify whether the information provided by members is true and accurate, the company may request the applicant to provide information, documents, and materials related to self-authentication, financial transactions, and the source of transaction funds within the scope permitted by law. Regarding the information, documents, and materials necessary for customer verification, the company complies with relevant laws and the company's privacy policy.
②
For the fulfillment of obligations of virtual asset business operators specified in the "Specific Financial Information Act" and related laws, the company may provide member information, transaction records, etc. to third parties (financial information analysis agencies, other virtual asset business operators, and other institutions specified in relevant laws).
③
To prevent money laundering and terrorist financing through financial transactions, the company verifies the actual owner when a member opens a new account.
④
If the company cannot verify the customer's identity or confirm the purpose of the transaction or the source of funds, such as when the member refuses to provide identity verification, the company may refuse to establish a new transaction with the member or terminate the usage contract if a transaction relationship has already been established.
Article 7 (Management of Member Information)
①
All management responsibilities related to a member's account access information such as their ID and password are solely the responsibility of the member, and the member cannot transfer or lend their account access information to others.
②
If a member becomes aware that their ID or password has been used improperly, they must immediately notify the company of this fact and follow the company's instructions.
③
In the case where the member fails to notify the company of such a fact, or even if they do notify the company but fail to follow the company's instructions, the company shall not be held responsible for any resulting losses or damages. However, if the company was aware of the situation in Article 2 or could have known about it with reasonable care as a prudent manager, the company shall not be exempt from liability within the scope of intent or gross negligence.
Article 8 (Changes to Member Information)
①
Members must manage their membership information diligently in order to use the Service, and must modify their information if there are any changes.
②
If there are changes to the information provided during the membership registration, the member must notify the Company of such changes either by modifying it online or by notifying the Company via email or other methods.
③
The Company is not responsible for any disadvantages caused by a member's failure to notify the Company of changes under Paragraph 2. However, if the Company was aware of the changes or could have become aware of them with reasonable care as a prudent manager, the Company may not be exempt from liability within a reasonable range of intention or negligence.
Article 9 (Notice to Members)
①
Unless otherwise specified in these terms and conditions, the Company may notify Members through electronic means such as the email address, mobile phone number, address, agreement window displayed at the time of service login, and service connection screen provided by the Member.
②
The Company shall not be liable for problems arising from failure to confirm the Company's notice or inability to provide individual notice due to information that cannot be notified (including restrictions of electronic mail service providers) or provision of false information by the Member. However, if the Company is at fault, the Company shall not be exempt from liability within the scope of intentional or gross negligence.
Article 10 (Protection of Personal Information)
The Company strives to protect Members' personal information in accordance with relevant laws such as the "Act on Promotion of Information and Communications Network Utilization and Information Protection" (hereinafter referred to as the "Information and Communications Network Act") and the "Personal Information Protection Act." The protection and use of personal information are subject to relevant laws and the Company's privacy policy. However, the Company's privacy policy does not apply to external linked screens and other screens provided outside of the screens created and provided by the Company.
Article 11 (Ownership of Rights)
①
All intellectual property rights related to the Company's services belong to the Company.
②
Members may not use, process, provide, or sell information obtained during the use of the service for profit or allow third parties to use it.
Chapter 3 Use of Services
Article 12 (Provision and Suspension of Services)
①
The use of the service is available 24 hours a day, 7 days a week, unless there is a special operational or technical reason for the company not to do so.
②
The company may suspend, restrict or terminate all or part of the service under the following circumstances:
1. When there is a reasonable operational or technical need for regular equipment maintenance, repair, replacement or failure
2. When a periodical communication operator prescribed by the Electric Communications Business Act has stopped providing electric communication services
3. When it is difficult to provide the service due to management issues such as deteriorating prospects for the company's service or technical issues such as blockchain network instability, failure, code errors, etc.
4. When there is a discontinuation of operations due to the transfer, division, merger, dissolution, bankruptcy or termination of business by the company or its affiliates
5. Hacking
6. When vulnerability is found in the underlying technology of virtual assets
7. When a hard fork occurs
8. When the use of the service violates laws, regulations or public order and morals
9. When continuous complaints are received from members regarding the service
10. When there is a violation of relevant laws or when government agencies or relevant agencies find it difficult to operate due to instructions or operational difficulties related to the use of the service
11. When there are uncontrollable circumstances such as a state of national emergency, power outage, natural disaster, etc
③
In the case of the second paragraph, the Company shall notify its members in advance through the initial screen of the service or notice. However, if the Company cannot notify in advance, it may notify after the fact.
Article 13 (Changes to the Service)
①
The company may change the contents, operation, and technical aspects of the service for stable service provision.
②
If the company changes the service, it will notify members in advance by specifying the details of the changes and the effective date through the initial screen of the service or notices. However, if there are unavoidable reasons that prevent the company from notifying in advance, it may notify afterwards.
③
If a member does not agree to the changes to the service, they may express their refusal to the company and terminate the service contract.
Article 14 (Virtual Asset Trading Support Service)
①
Members can deposit and withdraw virtual assets through their Piki wallet addresses.
②
Members can buy and sell virtual assets in units of XTRION Coin(X3O) on the exchange.
③
If a member wants to trade virtual assets through the exchange, they must submit a virtual asset order according to the company's designated method, and the company will reflect the transaction details in the trading history of the account associated with the member's ID after the order is executed.
Article 15 (Precautions for Using the Service)
①
The company may reject orders submitted through the service or impose restrictions on trading conditions if there are reasons listed in Article 5, Paragraph 3 or Article 19, Paragraph 1, or other similar reasons. In such cases, the company will notify the member in accordance with Article 9 of these terms and conditions.
②
The company may support or terminate the trading of virtual assets based on the decision of the company's trading support review committee. If the company terminates support for virtual asset trading, it will notify the member in accordance with Article 9 of these terms and conditions and support the member in transferring their virtual assets.
③
Members cannot modify or cancel an order after it has been executed. However, if all or part of the service is changed, and virtual assets supporting trading are terminated, orders related to the relevant virtual assets will either be executed before the termination date or automatically cancelled.
④
The company may provide different content for the service depending on the electronic device used.
⑤
The member's virtual asset trading history within the exchange will be recorded in the blockchain network where the virtual asset belongs.
⑥
Members must understand and use the following items related to the company's services:
1. Virtual asset transfers following virtual asset deposits or withdrawals are made on the blockchain network where the virtual asset belongs.
2. Virtual asset transfers following member's virtual asset deposit or withdrawal requests are completed after the necessary procedures required by the blockchain network have elapsed.
3. The company may change the minimum transaction and deposit/withdrawal amounts required for using the virtual asset trading service, and the company will announce the changes on its website at least 30 days in advance.
⑦
Members must accurately verify the type of virtual asset and the trading support network when issued with a virtual asset deposit/withdrawal address. If the member deposits or withdraws virtual assets of a different type or through a network that is not supported using the issued address, the transaction will not be processed correctly. However, if the company determines that there are no security risks or that the risk has significantly decreased and that it is technically and economically feasible to support the recovery of the relevant mistaken deposit, the company may support the recovery of the mistaken deposit and may charge the member requesting recovery reasonable recovery costs.
⑧
For dormant members with remaining assets, the company may use their personal information for non-commercial purposes to protect the rights of the member.
⑨
The company may terminate the service due to significant reasons such as transfer of business, division, merger, or significant deterioration in earnings. In such cases, the company will notify the member in accordance with Article 9 of these terms and conditions, and the member may transfer their virtual assets within a certain period specified by the company.
⑩
If circumstances arise where a member is unable to use the service due to restrictions on service usage, termination of transaction support, release of self-confirmation deposit/withdrawal account, or other similar circumstances, in accordance with these terms and conditions, unexecuted orders may be canceled for the protection of the member's assets.
Article 16 (Service Fees)
The Company may charge service fees to Members for their use of the Services, and such fees will be notified through the Website or Application. However, the fees may be changed depending on the Company's and the market's circumstances.
Article 17 (Restriction of Service Use)
①
The Company may immediately restrict all or part of a Member's use of the Services if the Member falls under any of the following categories:
1. Under 19 years of age.
2. Unable to confirm one's own identity.
3. Suspected of identity theft.
4. Violating or potentially violating laws and regulations, including the obligations under these Terms and the Criminal Act, the Act on Specific Financial Transactions Information, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Copyright Act, the Civil Enforcement Act, the Act on the Regulation of Punishment of Proceeds from Crime, and related tax laws.
5. Disrupting the normal operation of the Services.
6. Suspected or judged to be involved in or associated with crimes such as hacking, fraud, voice phishing, pyramid schemes, or other similar crimes.
7. When a government agency requests a service restriction in accordance with applicable laws and regulations.
8. Suspected or reasonably suspected to be involved in activities such as market manipulation, money laundering, unfair trading, criminal activities, etc. related to Article 5, Paragraph 3, Subparagraph 8 (including cases disclosed through anti-money laundering solutions and cases suspected in accordance with the Company's internal monitoring system, and not limited thereto).
9. If there is a decision, order, confiscation, or disposal of the Member's assets within their account by a court or investigative agency in connection with seizure, disposition, seizure preservation, or any other similar measures.
10. Engaging in acts that violate public order or good morals.
11. In case of an error in the Services, a computer malfunction, or any other reason where a third party's or digital asset other than the Member's own is displayed in the Member's account. 12. Other reasons equivalent to the above, or when measures are necessary to prevent such reasons from occurring.
②
The company may restrict all or part of a member's use of the service in accordance with Article 1 of this clause, and will notify the member in accordance with Article 9 of these terms and conditions, and may request the member to provide evidence in order to determine whether the reason for the usage restriction is applicable.
③
Members may raise objections to the service usage restrictions under this clause, and if the company recognizes the member's objection as valid, the company will immediately lift the usage restrictions.
Chapter 4 Company's Obligations
The company exercises limited usage for display, service promotion, service operation, research and development of new services, compliance with legal obligations such as web accessibility, and allowing search, collection, and linking from external sites.
If the company needs to use the postings for any other purposes, it will be done through prior consent.In addition, valuable postings provided by members may be used by Piki for research and development purposes to improve and provide new Piki services.
Piki is making efforts to provide various means to manage the use or access of postings provided by members or other users within Piki services more easily.
If the management function such as deletion or privatization of postings is provided within Piki services, the member can directly control the use or access of others through this function, and can also request measures such as deletion, privatization, or exclusion from search results through the customer center. However, in some Piki services, it may be difficult to delete or privatize such postings.
Chapter 5 Termination of Service Agreement
Article 18 (Termination of Service Agreement)
①
A member may apply for termination of the service agreement at any time through the information management menu or customer center within the service. However, in the case of a customer with service restrictions under Article 19 of these Terms and Conditions, the termination request may be limited.
②
If a member violates these Terms and Conditions or Article 19 of these Terms and Conditions and does not correct it within 30 days after the occurrence or repeatedly violates laws or the Terms and Conditions two or more times, the company may terminate the service agreement, and the effectiveness of the notification under Article 9 of these Terms and Conditions will occur when it reaches the member.
③
When the service agreement is terminated under this article, all benefits obtained by 1 or fewer X3O coins or free of charge will be forfeited, and the company will not compensate for this separately.
④
When the service agreement is terminated under this article, the member must transfer all assets stored by the company to an account or wallet address outside the company. In this case, the company may refuse the transfer for an account or wallet address that is not verified.
⑤
The company is not obliged to pay virtual assets subject to hard forks to members whose service agreement has been terminated under this article.
Chapter 6. Limitation of Liability
Article 19 (Limitation of Liability)
①
The Company or the member shall be liable to compensate for any damages caused to the other party by violating these Terms and Conditions. However, this shall not apply in cases where there is no intention or negligence on the part of the actor.
②
The Company shall not be liable for damages to the member in the following cases. However, if the Company's intention or negligence is found to be concurrent with the following items of paragraph 3 to 6 of this Article, the liability shall not be exempted within a reasonable range under the law.
1. Force majeure events such as natural disasters, riots, wars, or other national emergencies equivalent to them
2. Compliance with administrative measures and orders from government agencies and banks, whether de facto or legal
3. Service interruption or damage caused by intentional or negligent acts of the user
4. Service interruption caused by the telecommunication service provider, including the periodical telecommunication service provider under the Telecommunications Business Act
5. Service interruption caused by defects in the transaction system, deposit/withdrawal system, virtual asset issuance and management system, or blockchain system to which the virtual asset belongs within the Service
6. Server outage caused by computer failure or sudden surge in website access, order congestion of certain items, and other similar cases.
③
The necessary attention of the administrator in paragraph 2 refers to the following:
1. Appointment and management of information protection officer
2. Information protection education
3. Measures to protect the computer room, facilities located in the building where the computer room is located, information protection system, and information processing system
4. Management plan for encryption keys
5. Preparation of measures to respond to information security incidents
6. Regular inspection of information protection measures and measures to respond to security incidents
7. Other matters prescribed by laws related to information protection that virtual asset operators must comply with.
④
The principle is that damages caused by the company's affiliates should be resolved through disputes between members and affiliates in accordance with the affiliate's terms and conditions. However, if the company is responsible, the responsibility is not exempted within a significant range of intention or negligence.
⑤
The company is not responsible for fluctuations in the price of virtual assets or errors in the transfer information of members.
Chapter 7 Miscellaneous
Article 20 (Jurisdiction and Governing Law)
①
The jurisdiction of the lawsuit regarding disputes between the company and members shall be decided by the parties through agreement, and when an agreement cannot be reached, it shall be decided by the court according to the Civil Procedure Act.
②
The laws of the Republic of Korea shall apply to lawsuits between the company and members related to the use of the service.
Supplementary Provisions
①
This agreement shall apply on the 07th day of the 04th month of 2023.
②
The previous terms and conditions that were in effect on the 07th day of the 04th month of 2023 shall be replaced by this agreement.