Terms of Service

Article 1 (Purpose)

1. These terms and conditions are intended to establish rights, duties, responsibilities, and other matters related to the use of "BLACKBIRD T" (hereinafter referred to as the “Service”) provided by BLACKBIRD Mobility Co., Ltd. (hereinafter referred to as the “Company”), between the “Company” and the “Member”.
2. The “Company” shall post these terms and conditions on the initial screen of the service for easy verification or post them using other methods.

Article 2 (Definition of Terms)

1. The definition of terms used in these terms and conditions are as follows:
① “Service” refers to “BLACKBIRD T” and related services that can be used by “Members” regardless of devices (including PCs, TVs, handheld devices, and various wired and wireless devices), and it is a service that analyzes users' context (location, time, weather, recommended places, travel routes, etc.) based on big data collected through “BLACKBIRD T”, and provides customized mobility usage such as taxis and audio guides.
② “Member” refers to a customer who accesses the “Company's” “Service”, enters into a service agreement with the “Company” according to these terms and conditions, and uses the “Service” provided by the “Company”.
③ “User ID” or “Member ID” refers to the E-mail address entered or registered by the “Member” for identification and service use.
④ “Password” is a combination of letters or letters and numbers selected by the “Member” to confirm the identity of the person who has been assigned the User ID and to protect the rights of the member.
⑤ “Post” refers to individual contents and collections, such as writings, photos, tourism information, etc., posted by the “Member” when using the “Service”.
⑥ “Paid Service” refers to various additional services related to “BLACKBIRD T” that are provided for a fee among the “Services”.
2. Definitions of terms used in these terms and conditions shall be in accordance with relevant laws unless defined in paragraph 1, and if not defined in relevant laws, shall be in accordance with general commercial practices.

Article 3 (Announcement and Amendment of Terms)

1. The “Company” shall notify the “Member” of the contents of these terms and conditions, the company name, address of the business place, name of the representative, business registration number, contact information, etc., so that the “Member” can know them on the initial screen of the service or by other methods.
2. The “Company” may amend these terms and conditions within the scope not violating related laws such as the Act on the Regulation of Terms and Conditions, Basic Telecommunications Act, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
3. When the “Company” amends the terms and conditions, it will announce the application date and reason for amendment along with the current terms and conditions from 7 days before the application date to the day before the application date. However, in case of changes that have a significant impact on the rights and duties of the “Member”, it will be announced 30 days before the application date.
4. “Members” have the right to refuse the changed terms and conditions. “Members” can express their refusal within 15 days after the notice of the changed terms and conditions. If the “Member” refuses, the “Service” provider, the “Company”, can terminate the “contract” with the said “Member” after giving a 15-day prior notice to the “Member”. If the “Member” does not express refusal or uses the “Service” after the implementation date according to the previous paragraph, it is considered as consent.

Article 4 (Interpretation of Terms)

1. If a “Member” enters into an individual contract with the “Company” and uses the “Service”, the “Company” may have terms of use or operation policies for individual services (hereinafter referred to as “Operation Policies, etc.”), and in case of conflict with these terms and conditions, the operation policies for individual services will prevail.
2. Matters not stipulated in these terms and conditions shall comply with related laws such as the Act on the Regulation of Terms and Conditions, Basic Telecommunications Act, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
3. “Members” should check for changes in these terms and conditions and the operation policies, etc. The “Company” is not responsible for any damages caused by the “Member” not checking them.

Article 5 (Formation of the Service Contract)

1. The service contract (hereinafter referred to as "Usage Contract") between the “Company” and the “Member” is established by the application for use, such as application installation, member registration, etc., by the person who wishes to use the “Service” (hereinafter referred to as “Applicant for Membership”) and the consent to the terms of this agreement and the privacy policy by the “Company”.
2. The “Applicant for Membership” of the “Service” can create a “Member” account for the “Service” using other service accounts designated by the “Company” (Naver, Google, Facebook, WeChat, etc.) or the E-mail account of the “Applicant for Membership”.
3. The expression of consent to these terms and conditions and the privacy policy is made by pressing the “Agree” button related to the service terms and conditions at the time of application for use by the “Applicant for Membership”, and at the same time, it is considered that the above “Applicant for Membership” has agreed to these terms and conditions and the privacy policy.
4. The “Company” generally accepts the application of the “Applicant for Membership” for service use. However, the “Company” may refuse consent in the following cases, and if the following facts are discovered after the membership registration, the “Company” can immediately terminate the service contract with the said “Member”.
① If the “Applicant for Membership” has previously lost membership qualification under these terms and conditions, except in cases where the “Company”’s consent for rejoining as a member has been obtained
② If the “Applicant for Membership” registers false information or does not register the required content requested by the “Company” at the time of membership application
③ If the application for membership cannot be accepted due to the fault of the “Applicant for Membership”, or if the application is made in violation of various provisions established by the “Company”
④ The “Company” may postpone consent if there is no spare capacity related to the service or if there are technical or business problems.
⑤ If the “Company” does not accept or postpone the membership application according to paragraphs 1, 2, and 3, the “Company” shall generally notify the “Applicant for Membership” of this fact.
⑥ The time of establishment of the usage contract is the time indicated by the “Company” as “Completed Registration” in the application procedure.
⑦ “Members” shall use the “Service” only after paying the usage fee when using paid services, and the establishment time of the paid service contract is the time indicated by the “Company” as “Purchase Completed” in the application procedure. The establishment and termination of a paid service contract include the following facts.
A. Before using the service, the “Member” must check whether the dispatched vehicle and driver match the user's request and use it accordingly. If the service is used without checking, there may be restrictions on operation and refunds.
B. The fare will be paid according to the amount specified in smart mobility. In case additional charges such as fuel costs, tolls, parking fees, etc., occur, additional charges will be incurred after confirming the relevant matters upon arrival at the final destination.
⑧ The “Company” can differentiate the usage time, number of uses, service menu, etc., for the “Members” according to the company policy and apply different usage conditions by grade.

Article 6 (Provision of User Information)

1. Users who wish to use the “Service” as “Members” must provide information such as E-mail, name, etc., and authenticate their E-mail.
2. If the user does not undergo the E-mail authentication as stipulated in paragraph 1, the use of the service may be restricted.
3. All IDs of members who apply for use by impersonating others will be deleted, and they can be punished according to related laws.

Article 7 (Protection and Management of Personal Information)

1. The “Company” collects and uses the “Member's” personal information only within the scope and purpose agreed upon by the “Member” for the smooth provision of the “Service” and manages it safely according to the relevant laws related to personal information protection, which can be confirmed through the “Personal Information Handling Policy”.
2. The protection and use of the “Member's” personal information shall comply with the “Personal Information Processing Policy” separately notified by the “Company”. However, the “Company's” “Personal Information Processing Policy” does not apply to sites linked outside the official service application and site provided by the “Company”.
3. The “Company” is not responsible for any information including the member's account information exposed due to the fault of the “Member”.

Article 8 (Member's Account (ID) and Password)

1. Members use the email address they selected as their account (ID) for smooth use of the service and for the convenience of protecting member information and providing service usage instructions. However, the company can refuse or restrict the use of the ID if a member's account (ID) is antisocial, harmful to public morals, or likely to be mistaken for an operator.
2. The company performs various user management tasks, including determining a member's eligibility for service use, through account information.
3. Members must manage their account information with the care of a good manager. Members are responsible for any damage arising from negligent management of their account information or from allowing a third party to use it.
4. Members can freely set their passwords within the range that meets the standards set by the company, and the set password can be changed at any time if the member wishes.
5. Members bear the responsibility for protecting and managing the password used for service use. However, the company may recommend changing the password periodically or irregularly for security reasons.

Article 9 (Notification to Members)

1. When notifying members, the company will do so through the member-designated email address (email address), in-service announcements, and messages, unless otherwise specified in these terms and conditions.
2. For notifications to all members, the company can replace the method in paragraph 1 by posting on the company's website or app service announcement board for more than 7 days.

Article 10 (Company's Obligations)

1. The company will not engage in acts prohibited by these terms and conditions and related laws or acts against public morals and will make the best efforts to provide continuous and stable service.
2. The company must establish a security system to protect personal information, including credit information of members, and comply with the "Privacy Policy".
3. The company must promptly process opinions or complaints raised by members if they are deemed justifiable within a reasonable period. If processing takes a long time, the company must inform the member of the delay reason and the processing progress and results through the bulletin board or email.
4. The company will strive to provide convenience in procedures and contents related to contracts with users, such as conclusion, modification, and termination of usage contracts.
5. When providing a paid service, the company will display the following information in an easily understandable manner on the service details or FAQ screen for members:
① Name or title of the paid service
② Content, method of use, fees, payment method, and other terms of use of the paid service

Article 11 (Member's Obligations)

1. Members must not use the service for any purpose other than its intended use, nor engage in the following acts:
① Registering personal information of others or false facts when applying for membership or changing information
② Impersonating others or falsely stating the relationship with others, misusing other members' accounts and passwords, or unlawfully using others' credit cards, phone numbers, etc., to purchase paid content
③ Reproducing, distributing, endorsing, or commercially using information obtained through the company's "Service" and provided applications without the company's prior consent, exploiting known or unknown bugs for service use
④ Using the company's "Service" and provided applications to generate financial benefits for oneself or others
⑤ Damaging the honor of the company and "third parties," interfering with their work, or causing them harm
⑥ Infringing on the intellectual property rights of the company and "third parties," collecting, storing, distributing, posting other members' personal information without the company's approval
⑦ Deceiving "third parties" to gain benefits or using the company's services in an unhealthy manner to harm "third parties"
⑧ Exchanging, posting, or linking to obscene, vulgar information or unauthorized advertisements and promotional materials
⑨ Inducing or participating in harmful acts such as gambling for money
⑩ Posting or transmitting words, sounds, writings, images, or videos that cause shame, disgust, or fear to others
⑪ Transmitting or posting information prohibited by related laws or computer software, hardware, telecommunications equipment designed to disrupt or destroy the normal operation of software viruses or other computer codes, files, programs
⑫ Changing the application, adding other programs to the application, hacking the server, reverse engineering, leaking or changing source codes or application data, building a separate server, or arbitrarily changing or stealing part of the website without special rights from the company
⑬ Impersonating the company's employees or operators or using others' names to register information, post writings, or send emails without the company's consent
⑭ Using the service for purposes such as profit, business, advertising, political activities, illegal election campaigning without the company's consent
⑮ Other illegal, unfair acts, or acts against public order and morals or in violation of laws
2. Members have the duty to check and comply with the announcements on the company's website and changes to the terms and conditions, and must not engage in activities that interfere with the company's operations.
3. Members are responsible for managing their accounts and must not allow third parties to use them.
4. The company can specify the specific types of acts mentioned in paragraphs 1 and 2 in the operating policy, and members must comply with them:
① Restrictions on setting member's account name and password
② Restrictions on using bulletin boards
③ Other matters deemed necessary by the company for operational purposes, without infringing on the essential rights of members to use the service

Article 12 (Rights to the Service)

1. All copyrights and other intellectual property rights related to the service provided by the "Company," including the service design, texts, scripts, graphics, context analysis (location, time, weather, travel tendencies, user tendencies, etc.), tourist information recommendation features based on such analysis, travel schedule recording, and artificial intelligence audio guide features, are owned or licensed to the "Company" under applicable laws.
2. The "Company" grants members only the right to use the service under the conditions set by the "Company," and members may not transfer, sell, provide as collateral, or dispose of these rights.
3. Members do not own the service or hold copyright to the service by agreeing to these terms and conditions, but are permitted to use the service provided by the "Company" for information acquisition or personal use only.
4. Except as explicitly permitted, members may not use, copy, or distribute any member status information obtained through the service for commercial purposes, including texts, scripts, graphics, context analysis, tourist information recommendation features, travel schedule recording, and artificial intelligence audio guide features created by the "Company".

Article 13 (Service Availability and Interruption)

1. The "Company" will commence service from the moment a member's registration is accepted. However, for some services, they may be provided starting from a designated date as needed by the "Company."
2. The "Company" will provide the service 24 hours a day, 365 days a year, unless there are special business or technical difficulties. However, the service may be temporarily suspended for necessary operations such as system maintenance, server expansion or replacement, bug patches, or replacement with new services.
3. In the case of the proviso of paragraph 2, the "Company" will announce the details and timing on the website or application. However, if it is impossible to notify in advance due to unavoidable reasons, notification may be made afterwards.
4. The "Company" may conduct regular maintenance as needed for service provision, and the maintenance times will be announced on the service screen.
5. If the "Company" cannot provide a paid service that a member has applied for due to a change in business type or abandonment of the business, the company will notify the member using the method specified in Article 9 and compensate the member according to the conditions initially proposed by the company.

Article 14 (Content and Modification of the Service)

1. Members can use the services provided by the "Company" according to the terms and conditions, operational policies, and rules set by the "Company."
2. The "Company" has comprehensive authority over the creation, modification, maintenance, and repair of the services provided to members.
3. The "Company" may modify, add, or discontinue all or part of the services it provides at any time as needed for operation or technical reasons, including new service content and bug patches. Notification to members in such cases will be made by posting on the homepage operated by the company and the initial screen of the respective service at least seven days before the changes. However, if it is impossible to notify in advance due to reasons beyond the company's control leading to service interruption, it does not apply.
4. The "Company" may modify, suspend, or change part or all of the free services provided according to the company's policy planning, operational needs, or urgent situations of the company without compensating members, unless there are special regulations in relevant laws.
5. If the changes to a paid service are significant or disadvantageous to members, the "Company" will notify the members who receive the paid service using the method specified in Article 9. In this case, members who refuse consent will be provided with the service before the change. However, if providing the service before the change is impossible, the service may be suspended or discontinued, and refunds will proceed according to Article 19, paragraph 2.
6. The "Company" may limit or suspend part or all of the service in the following cases:
① In case of force majeure such as war, conflict, natural disaster, or national emergency.
② When normal service use is hindered due to power outages, facility malfunctions, or a surge in usage.
③ In unavoidable cases due to maintenance or construction of service facilities.
④ In other cases where the service cannot be provided due to the company's circumstances.
7. The "Company" is not liable for problems arising from changes or suspension of the service unless caused by the company's intentional or gross negligence.

Article 15 (Service Fees, etc.)

1. Membership registration is free, and fees are only charged for specific services.
The platform usage fee, based on domestic services, is 3,000 won regardless of usage time.

Article 16 (Provision of Information and Placement of Advertisements)

1. The "Company" may provide members with various information deemed necessary during the use of the service by posting on the company's website or app's notice board or via email. However, members may refuse the transmission of information other than transaction-related information required by law and customer service responses at any time via email.
2. The "Company" may place advertisements for the maintenance of the "Service," and members agree to the exposure to advertisements during the use of the service.
3. The "Company" bears no responsibility for any loss or damage arising from members' participation, communication, or transactions with third-party advertisements provided by the "Company" as per the second clause.
4. If the "Company" utilizes legally collected personal information of members to provide advertisements as mentioned in clause 2, it may be sent using SMS(LMS), smartphone notifications (Push notifications), email addresses, etc., and users can refuse to receive them at any time if they wish.
5. The provision of the aforementioned information and advertisements will be governed by the terms of the platform providers supplying the information to the company, app store operators, and comply with the relevant laws and regulations set by the "Company."

Article 17 (Copyright of Posts)

1. Members may upload or post content such as writings and photos through their accounts in the "Service," and the copyright of such posted content belongs to the authors of the posts.
2. Content uploaded by "Members" within the "Service" can be used by the "Service," and the "Company" can modify, replicate, and edit the content to the extent necessary, adhering to copyright law provisions.
3. If a claim of copyright infringement, defamation, invasion of privacy, or portrait rights is made, the "Company" may temporarily suspend the posting ("Service Interruption") of the content in question, following relevant laws, upon the claimant's request. In such cases, members can prove the absence of infringement and request reposting. Detailed provisions regarding the suspension of content ("Service Interruption") are defined in the "Operational Policy."
4. Members can delete, exclude from search results, or make private their posts at any time through customer service or management functions within the service.
5. Content uploaded by "Members" to the "Service" can be searched, collected, and linked by external sites and may be exposed in the "Service" and related promotions.
6. Members guarantee to the "Company" that they hold copyright or legitimate rights to the content they upload and are responsible for it.
7. If the "Company" intends to use the members' posts in ways not covered by clause 2 and clause 5, it must obtain consent from the members in advance through phone, fax, email, etc.
8. If it is confirmed that the "Members'" content violates relevant laws or infringes on the intellectual property rights of others, the "Company" reserves the right to suspend, stop exposure, or delete the content without prior notice. Severe violations, such as terms of use infringement, inappropriate uploads, or infringement of others' rights, may result in warnings, temporary suspension, permanent suspension, or termination of the member's account. Detailed procedures and contents follow the "Operational Policy."
9. Members agree to the nature of the "Service" and the rights and responsibilities arising during its use through their agreement to these terms.

Article 18 (Management of Posts)",

1. If a member's post contains content that violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., or copyright law, the rights holder can request the suspension and deletion of the post following the prescribed legal procedure. Both the "Company" and "Members" must take actions in accordance with relevant laws.
2. Even if there is no request from the rights holder as stated in clause 1, if a specific post is recognized to potentially infringe rights or violate the company's policies and relevant laws, the "Company" may take temporary measures against such posts according to relevant laws.

Article 19 (Ownership of Rights)

1. Copyrights and other intellectual property rights in the "Service" and content produced within the service by the "Company" belong to the "Company," excluding members' posts and works provided under a partnership agreement.
2. The "Company" grants members the right to use their account (ID) and posts within the service according to the terms set by the company, and members cannot transfer, sell, or use them as collateral.

Article 20 (Termination and Cancellation by Members)

1. Members can request to withdraw from the service at any time through the "Settings" menu, and the "Company" must immediately process the request according to relevant laws and regulations.
2. Upon termination of the contract by a member, all of the member's data will be immediately deleted, except in cases where the company is required to retain member information according to relevant laws and the company's privacy policy.

Article 21 (Withdrawal of Subscription and Refunds)

1. Members who have purchased a paid service can cancel their subscription without any fees within one day from the date of contract or the day the paid service becomes available. However, for certain services such as gifts and events provided for free by the company or third parties, or paid services that have been used or deemed used at the time of cancellation request, the right to cancel may be restricted under Article 17(2) of the Act on the Consumer Protection in Electronic Commerce, etc. In such cases, the company shall take measures in accordance with the provisions of relevant laws as notified at the time of purchase of the said paid service.
2. If a member is unable to use the purchased paid service due to the company's fault, the company will either provide the same paid service for free or refund the full purchase amount.
3. In the event of contract termination under Articles 14(5), 19, or 21, the company will refund the remaining amount. However, points given for free or as part of an event and already used or deemed to have been used are excluded from the refund.
4. In cases of overpayment or mispayment, the company must refund the full amount using the same method as the original payment. If the company refuses to refund in cases of overpayment or mispayment, it must prove that the charges were justified. The refund procedure for overpayments follows the Digital Content User Protection Guidelines.
5. The company will proceed with refunds using the same method as the payment, and if refund through the same method is impossible, the company shall notify in advance. However, for payment methods that require confirmation of payment, the refund will be processed within three business days from the date of payment confirmation.
6. Regarding the fees for refunds according to this article, the member will bear the cost in case of the member's fault, and the company will bear the cost in case of the company's fault.
7. Rewards obtained through service use without actual payment records or paid content provided through internal or external partnership events by the company are not eligible for refunds.

Article 22 (Restrictions, etc.)

1. The company may restrict service use in stages, such as warning, temporary suspension, and contract termination, if a member violates the obligations of these terms or interferes with the normal operation of the service. In such cases, all responsibilities, unless caused by the company's intentional misconduct or gross negligence, shall be borne by the member. The company may notify relevant governmental or judicial authorities of the prohibited actions of the member if necessary.
2. Notwithstanding the provisions of paragraph 1, the company may immediately terminate the contract in cases of violation of the Resident Registration Act, such as identity theft and payment fraud; provision and operational disruption caused by illegal programs in violation of the Copyright Act and Computer Program Protection Act; illegal communication and hacking in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; distribution of malicious programs, unauthorized access, and similar violations of related laws. In such cases, all benefits obtained through service use will be forfeited, and the company will not provide compensation.
3. When the company restricts a member's service use or terminates the contract under paragraph 1, the conditions and details of the restriction follow the policies set forth in the usage restriction policy, etc., and the company will notify according to the method specified in Article 9.
4. Members can object to the company's restriction measures according to the procedure established by the company. If the member's objection is deemed justifiable, the company must immediately resume the member's service use.

Article 23 (Damage Compensation)

1. If a member suffers damage due to defects in the paid service provided by the company, the standard, scope, method, and procedure for compensation to the member follow the Digital Content User Protection Guidelines.
2. If a member causes damage to the company by violating the obligations of these terms or through the use of the service, the member must compensate the company for the damage.
3. If the company receives claims for damages or lawsuits from third parties other than the user due to illegal acts or violations of these terms committed by the member during the use of the service, the member must indemnify the company at their own responsibility and expense. If the company is not exempted, the member is liable for all damages incurred by the company.

Article 24 (Limitation of Liability)

1. The company is exempt from liability for providing the service in case of natural disasters or other force majeure events.
2. The company is not liable for service use disruptions due to the member's fault, such as loss of access devices or communication failures, nor for damages incurred by members due to interruption or failure to provide telecommunications services by telecommunications business operators.
3. The company is not liable for the reliability and accuracy of information, materials, and facts posted by the member related to the service.
4. The company is not liable for transactions between members or between a member and a third party mediated through the service.
5. The company is not liable for the use of free services provided, unless otherwise specified by relevant laws.
6. The company operates, manages, and provides a system for mediating transactions between service users and service providers, but does not act on behalf of any party involved in the transactions (including affiliates and transportation providers). Each party to the transaction is responsible for the information, services, fares, and fees related to the transaction.

Article 25 (Governing Law and Jurisdiction)

1. Lawsuits filed between the company and members shall be governed by the laws of the Republic of Korea.
2. Disputes arising between the company and members shall be subject to the jurisdiction of the competent court under the Civil Procedure Act.

Article 26 (Company's Contact Information)

The company's name and address are as follows.
● Name: BLACKBIRD Mobility, Inc.
● CEO: Sangdon Park
● Address: 21 Goma-ro, 2nd floor, Room 210, Jeju City, Jeju Special Self-Governing Province
● Phone: 064-723-8850
● E-mail: bmc@blackbirdt.com

Supplementary Provision Article 1 (Effective Date) These terms and conditions shall be effective from April 15, 2024.

● Announcement Date: April 15, 2024
● Effective Date: April 15, 2024