MIDAS USER Terms of Use

This Terms of Use prescribes general provisions about the rights, duties and responsibilities, terms of use, and procedures required in use of the Service provided by MIDAS IT. It shall be valid from October 28, 2019. The Company appreciates your taking time to read it carefully.

Article 1 (Purpose)

This Terms of Use Agreement (hereinafter referred to as the “Agreement”) aims to set forth rights, obligations and responsibilities of MIDAS IT Co., Ltd. (hereinafter referred to as the “Company”) and its users in connection with the use of web services provided through the Company-operated websites (www.midasMECH.com, www.midasBRIDGE.com, www.midasSTRUCTURE.com, www.midasGEOTECH.com, www.midasit.com, kor.midasuser.com/geotech, kor.midasuser.com/civil, kor.midasuser.com/building, midasarchi.com, www.midascad.com, www.meshfree.co.kr ). If the user does not consent to this Agreement after careful review, the user shall not give consent to this Agreement nor sign up for, get access to or use (hereinafter referred to as “use”) the service. The Company does not keep separate copies of this Agreement, and it is recommended that the user keep copies of it, if necessary.

Article 2 (Stipulation, Validation and Amendment of This Agreement)

  • (1) The Company shall post the provisions of this Agreement on its service or on connected screens thereto for the user’s review. In such a case, important details of this Agreement such as halt of the service, subscription withdrawal, refund, contract cancellation/termination and/or indemnification of the Company shall be clearly specified by bold font, color and mark, etc., or be displayed through a separately connected screen for the user’s better recognition.
  • (2) When amending this Agreement, the Company shall specify the effective date, amended provisions and reasons of amendment, etc. and announce to the user by posting them on the service or on the connected screen at least seven (7) days prior to such effective date; provided, however, that in the event where the amended provisions are unfavorable or significant to the user, the announcement shall be made thirty (30) days prior to the effective date as specified in this provision, and further notification shall be made to the user in accordance with the methods described in the Article 14 hereof. In such a case, provisions prior to and after the amendment shall be clearly compared and specified for the user’s better understanding. The amended terms and conditions shall become valid from the effective date.
  • (3) When amending this Agreement, the Company confirms, after its notification of the amendment, whether the user has consented to the application of the amendment. When giving the announcement or notification as specified in the preceding paragraph, the Company shall also mention that the user’s failure to express his/her intention to disapprove the amendment may be deemed to be an acceptance thereto, and in the event where the user has not expressed his/her intention of disapproval by the effective date, it may be deemed that the user has approved the amended terms and conditions. If the user does not consent to the amendment, the user’s use of service may be restricted or suspended.
  • (4) The Company shall take measures to respond to any inquiry from the user in connection with the provisions hereof.
  • (5) The Company may amend this Agreement within the scope not violating the relevant laws and regulations including the ‘Act on the Consumer Protection in Electronic Commerce, etc.‘, ‘Act on the Regulation of Terms and Conditions’ and ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’

Article 3 (Consent to the Agreement and Conclusion of Service Use Agreement)

  • (1) Service use agreement between the Company and the user shall be executed when the user applies for the use of service by consenting to the provisions of this Agreement and the Company accept the application.
  • (2) The user may consent to this Agreement by clicking “Consent” button on the subscription page provided by the Company for the service users or by utilizing any function that is created in a similar manner to such button.
  • (3) This Agreement shall be deemed consented when the user starts to use the service. In such a case, this Agreement shall be applied immediately upon the user’s use of the service and the user shall recognize that he/she will be treated as a user by the Company in accordance with this Agreement.
  • (4) When the user signs up for the service by faithfully filling in all required details, the Company shall approve the application unless there is any considerable reason not to do so; provided, however, that the Company may defer approval in the event of following cases:
    - When the Company practically lacks the capacity of the service installation;
    - When the Company deems that there are technical problems in providing the service.
  • (5) The Company may not approve the service use agreement or terminate it later in the event of following cases:
    ① When the user has filled in false information or has not write down on any item required by the Company;
    ② When the user whose service use agreement was terminated by the Company pursuant to Article 8(2) hereof signs up for the service again, except when such user was approved by the Company to rejoin the service; or
    ③ When the approval cannot be made due to reasons attributable to the user or the user signs up for the service in breach of relevant regulations, etc.
  • (6) When the Company defers approval or does not approve the sign-up application pursuant to Paragraphs 3 and 5 of this Article, the Company shall notify to the user.
  • (7) The service use agreement shall be executed at a point when the Company marks a sign-up completion on the application process.

Article 4 (Protection and Use of Personal Information)

  • (1) The Company shall exert its effort to protect the member’s personal information as prescribed by the relevant laws and regulations, and the matters in connection with the protection and use of the personal information shall be governed by relevant laws and regulations as well as the Company’s privacy policy.
  • (2) The Company shall not provide the member’s personal information to any third party without the member’s consent unless requested by government institutions pursuant to relevant laws and regulations.
  • (3) The Company does not bear any liability for any damage caused by the member’s personal information or account information leaked due to reasons attributable to the member.

Article 5 (Restriction on the Provision and Use of Service)

  • (1) The Company can take the following measures at any time without any advance warning or notice based on its own judgment:
    ① To change the service or temporarily suspend and/or stop providing the service or any part of it;
    ② To restrict the number of transmission sent from or received by the user through the service or limit storage size used in providing the service or any part of it to the user; and,
    ③ To carry out preliminary screening, review, flag, filter, modify, deny, refuse, block or remove access for the partial or whole audio and sound files, data files, images, music files, photos, software, videos and created text (hereinafter referred to as the “contents”) provided through the service.
  • (2) The Company will not separately compensate the user for cases in the Paragraph 2 of this Article unless specifically stipulated by the relevant laws and regulations.
  • (3) The Company shall put reasonable endeavors to (a) provide the service to the user without any unfair suspension, hindrance or delay and (b) minimize such suspension, hindrance or delay of the service.
  • (4) The user shall, at all times in using the service, abide by this Agreement as well as the relevant laws and regulations of any jurisdiction including his/her residence or the jurisdiction over the use of the service.
  • (5) The user shall not use service other than the one provided by the Company through its interface (the term ‘use’ includes any attempt to use. The same applies hereinafter), nor use the service with the automated tool (including software and/or hardware), function, service or other methods (including script or web crawler).
  • (6) Unless otherwise specified herein, the user may only use the service for personal and non-commercial purposes and shall not use all or parts of the service for processing, copying, selling, trading, reselling or profit-making purposes.
  • (7) The user shall comply with all guidelines provided by the Company for the user in relation with the service, and shall not be involved in any activity which may cause failure or halt on any service or the server, network or other equipment connected to the service.
  • (8) Some services can be utilized through mobile network or are particularly useful when used through the mobile network. The user shall be aware of the fact that a network provider may impose charges for the amount of data consumed for the network access, the duration of network connectivity for mobile phones and devices, and the use of the service. Regarding this, the user is solely responsible for checking with the network provider whether such charges may be applied before using the service.

Article 6 (Authority over the Service License and Contents)

  • (1) Any and all rights including the service license provided by the Company for the user and the intellectual property rights to the contents shall be vested in the Company.
  • (2) License and authority provided for the service are as follows:
    ① The Company and/or the Company’s supplier or licensor shall be the holder of, and have the authority over any and all rights including intellectual property right for the service license regardless of the status of registration.
    ② The Company grants to the user a non-exclusive, personal and free license (trial and freeware license) for the use of the service (including all software, products or materials offered to the user as parts of the service), which is non-transferrable and non-assignable throughout the world in the form that the Company has provided for the user (hereinafter referred to as the “MIDAS IT License”). With the help of the MIDAS IT License, the user is expected to take advantage of the benefits of the service in accordance herewith.
    ③ All rights to the service other than the ones permitted to the user hereunder shall be owned by the Company.
    ④ The Company shall not copy, edit, modify, change or create a derivative, reverse engineer, decompile, or otherwise extract the source code of the Company’s service (or the parts of it), and shall not be authorized to permit or grant such rights to any third party.
  • (3) The Company may change and move the postings’ published location due to the service policy or for the purpose of integrating each service operated by the Company. In this case, the Company shall give a prior notice.
  • (4) The user consents to the fact that the Company will arrange or present advertisement, promotional materials or other contents, materials or products for the user as parts of the service.
  • (5) The contents provided in the service and the rights thereto shall be as follows:
    ① The Company has full responsibilities and rights to the contents which are provided in the service or are accessible as part of or through the use of the service. The contents may include advertisements, promotional materials and documents, or other contents for sponsorship.
    ② The contents may be protected by third party ownership or intellectual property rights. The user may not modify, lease, rent, sell and distribute all or some of the contents, nor create a derivative based thereon or permit the license thereto.
    ③ The user understands that he/she may be exposed to the risk of encountering some unpleasant, inappropriate or rude contents when using the service, and that the risk associated with such exposure is solely on the user him/herself.
  • (7) All documents or materials (including software and firmware updates) downloaded, installed or otherwise obtained through the use of the service are provided “intact”, and any risk in connection therewith shall be borne by the user. The Company shall not be liable for any damage or data loss of a mobile phone or its software, computer system, other devices or their software which is caused by downloading and/or using such documents and/or materials or which occurs as a result thereof.
  • (8) The service may include hyperlinks that are connected to third party contents sources and services including other websites (“external sources”). The Company bears no liability for the contents (including advertisement, product materials and other data) provided to, utilized by and/or displayed for the user from such external sources, nor has any control over them. The Company is not liable for any damage or loss that occurs from, or is caused by the user as a result of the contents (including the user’s trust in the contents’ possible usage, accuracy, applicability or completeness) provided to, utilized by and/or displayed for the user from such external sources.
  • (9) The user only has the right to use the service such as the contents in accordance with the terms determined by the Company.
  • (10) The user may not remove, conceal, hide, modify or otherwise change ownership marks, signs, service marks, business names, logos or other indication marks of the Company or any third party which are in connection with, attached to, or included in the service (including indication of copyright and trademark).

Article 7 (Obligations and Responsibilities of the Company)

  • (1) The Company shall truthfully exercise its rights and fulfill its obligations in good faith as stipulated in the relevant laws and this Agreement
  • (2) The Company shall be equipped with security systems for personal information protection to make sure the user can safely use the service, and notify and comply with its Privacy Policy. The Company shall not cause the user’s personal information to be provided to any third party except for the case as stipulated herein as well as in the Company’s Privacy Policy.
  • (3) In the event of any failure in the system, loss and damage of data, etc. during the process of making improvement for continuous and stable provision of the service, the Company shall exert its fullest effort to repair or restore such problems without delay, unless there are other unavoidable reasons such as natural disaster, state of emergency, disruption or defect which cannot be solved with current technology.
    ① The service shall be provided for the user at any time without any suspension, disruption or delay.
    ② The service shall not violate or breach copyrights or laws in the user’s country of residence or in any part of the world.
    ③ All information (verbal or written) that the user obtains from the Company or by using the Company’s service (including materials and products) shall be proper, accurate, complete or trustworthy.
    ④ Any defect in the service including failures in the performance, operation or function of any service or software offered to the user as part of the service shall be modified, corrected or otherwise relieved.

Article 8 (Obligations and Responsibilities of Users)

  • (1) The user shall not engage in any of the following acts in connection with the use of the service provided by the Company:
    ① To fill in false information when modifying the user information;
    ② To change the information posted on the service, or to duplicate, publish and broadcast any information which is obtained from using the service for profit or non-profit purposes without any prior consent from the Company;
    ③ To receive money by using the methods of providing any third party with the opportunity to promote him/herself or of advertising the third party on behalf of him/herself while using the Company’s service, or to receive money in exchange for a transfer of any right to use the service;
    ④ To violate the rights of the Company or any third party such as by damaging the reputation or infringing the intellectual property rights;
    ⑤ To publish postings or send out emails by pretending or acting as the Company’s employee or the service operator or by stealing somebody else’s name;
    ⑥ To use the service for advertisement or promotion for commercial purposes;
    ⑦ To collect, store, disclose other users’ personal information without any consent;
    ⑧ To use the Company’s service by using someone else’s account without permission;
    ⑨ To violate intellectual property rights or portrait rights of the Company and others, and to damage and harm others’ reputation;
    ⑩ To intentionally transmit, post, circulate or use any data (computer programs) prohibited from being transmitted or posted by law or any virus, computer code, file, program, etc. designed to disturb and destroy normal operation of computer software, hardware or telecommunication facilities;
    ⑪ To modify any application without obtaining specific authority from the Company, to add and insert other programs to the application, to hack and reverse engineer a server, to leak and modify source code or application data, or to arrogate the Company by tampering with and stealing some parts of the website; and
    ⑫ To be involved in any other acts which are against relevant laws and regulations and are contrary to good faith principle, morality and other social norms.
  • (2) In case where any damage has occurred to the Company due to the user’s involvement in any act described in the preceding paragraph, the Company may claim damages against the user.
  • (3) Any and all obligations and responsibilities in connection with or arising out of any act within the service (including the act of transaction) between each user without involvement of the Company shall be borne by such user, and the Company shall not be liable for any matter thereon.

Article 9 (Termination and Suspension of Service Use Agreement)

  • (1) This Agreement shall be valid until when either the user of the Company terminates the service use agreement.
  • (2) The Company may suspend, restrict or discontinue the use of the service at any time by giving a thirty (30) days prior notice of termination to the user by using an email address provided as a part of registered data or by using other proper methods to deliver such notice of termination.
  • (3) The Company may restrict or suspend the user’s use of the service at any time without any separate notice in the event of any of the following cases:
    ① When the user intentionally or negligently disturb the operation of the Company’s service;
    ② When the user breaches the obligations set forth in Article 8 hereof;
    ③ When the Company determines that it is not proper to continuously provide the service for the user for other material reasons;
    ④ When the user has explicitly indicated that he/she has no intention to comply with this Agreement, in person, in action, in statement or in any other methods;
    ⑤ When the Company, the Company’s supplier that provides services for the Company, or the Company’s partner that provides services with the Company determines to terminate the provision of the service, in whole or in part, or when the supplier or partner determines to terminate all relationships with the Company; and
    ⑥ When the Company, the Company’s supplier that provides services for the Company, or the Company’s partner that provides services with the Company is required to terminate the service or any part of it under relevant laws (e.g. when the service or any part of it becomes illegal or is deemed illegal as a result of relevant law’s amendment or the court’s judgment and decision).
  • (4) Termination of this Agreement shall not affect the user’s rights, obligations and responsibilities which have arose and been caused during the validity of this Agreement.
  • (5) The user is not authorized to use the service if the user has not consented to the modified terms and conditions or after the service comes to an end due to termination either by the user or the Company.

Article 10 (Dormant Account)

  • (1) If the member has not logged in for one (1) or more continuous year, the Company may switch the member’s account (hereinafter, the “dormant account”) to a dormant state in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and Enforcement Decree of the same act, and the Company may separately store such account’s personal information away from other members’ personal information or destroy it in order to protect the personal information.
  • (2) The account in a dormant state is restricted in using the member log-in service, and the Company does not utilize or provide the personal information of the account switched to the dormant state.
  • The Company shall give a prior notice to the member thirty (30) days prior to the date of action specified in the above Paragraph 1. After a switch to the dormant account, the member may lift the dormant state through a separate validation process on the homepage.

Article 11 (Account Management Responsibility)

The user is responsible for managing his/her own account and shall not cause others to use such account. The company shall not be liable for any loss resulted from poor management of the account information or permission of using it granted to others; provided, however, that the Company shall be liable for any loss caused by the Company’s intention or negligence.

Article 12 (Indemnification)

  • (1) The Company shall not be liable for any loss incurred by the user if the service cannot be provided for any of the following reasons:
    ① If the service cannot be provided due to a natural disaster or any equivalent force majeure event;
    ② If the service cannot be provided due to facility repair, replacement, regular inspection, construction and other reasons equivalent thereto;
    ③ If the user has not obtained or has lost his/her expected profits by using the service;
    ④ If there is any intentional service interruption by a third party who has entered a service cooperation agreement with the Company for the provision of the service;
    ⑤ If it is difficult to provide the service for reasons attributable to the user without the Company’s intention or negligence.우
  • (2) The Company shall not guarantee the credibility or accuracy of information and materials created and posted on the service by the user, nor shall it be held liable for any damage caused by such information and materials.

Article 13 (Notice for Users)

(1) When giving a notice to the user, the Company may use multiple ways including email address provided by the user for the Company and other LMS/SMS, unless otherwise stipulated in this Agreement.
(2) When making an announcement to entire users, the notice given in a way described in the preceding paragraph may be replaced by postings on the service page or on notice board for not less than seven (7) or days.

Article 14 (Applicable Rules Other Than This Agreement)

Any matter not stipulated herein and the interpretation hereof shall be applied by relevant laws such as the ‘Act on the Consumer Protection in Electronic Commerce, etc.’, the ‘Act on the Regulation of Terms and Conditions’, the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’ as well as commonly accepted commercial practice.

Article 15 (Jurisdiction and Governing Law)

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea. For any lawsuit filed in connection with any dispute between the Company and the member, the court in accordance with the procedures specified in the laws shall be the competent court.

This Agreement shall be valid from October 28, 2019.