Article 1. Purpose
The purpose of these terms and conditions is to regulate the rights, obligations, and other necessary matters between the corporation Team Sparta Co., Ltd. (hereinafter referred to as the "Company") and the members regarding the use of the hoy service (hereinafter referred to as the "Service") provided by the Company.
Article 2. Definitions
The definitions of terms used in these Terms and Conditions are as follows:
1-1) "Service" refers to the web, PC Client, and mobile App services provided by the "Company" to the "Member" through https://hoy.im/.
1-2) "Member" refers to the individual who accesses the "Service", enters into a usage contract with the "Company" in accordance with these Terms and Conditions, and uses the "Service" provided by the "Company".Terms not defined in this Article shall be governed by the "Service" guidelines, operational policies, related legislation, or commercial practices.
Article 3. Posting and Revision of Terms
The contents of these Terms and Conditions are posted on the Terms of Use at https://hoy.im/ or notified to the "Member" by other means.The "Company" may amend these Terms and Conditions within the scope not violating the laws of the Republic of Korea.When amending the Terms and Conditions, the "Company" will specify and announce the effective date and reason for amendment along with the current Terms and Conditions on the Terms of Use at https://hoy.im/ 7 days prior to the application date. However, if the amendment is unfavorable to the "Member" or changes significant matters, it will be announced at least 30 days in advance, and the existing "Members" will be notified separately by electronic means such as email.If the "Company" announces or notifies the amendment of the Terms and Conditions as mentioned in the preceding paragraph, and the "Member" does not express their refusal before the application date, the "Member" is deemed to have agreed to the amended Terms and Conditions. If the "Member" does not agree to the amended Terms and Conditions, the "Member" or the "Company" may terminate the usage contract.Agreeing to these Terms and Conditions means that the "Member" agrees to regularly visit the Service to check for changes in the Terms and Conditions. The "Company" is not responsible for any damage to the "Member" caused by the "Member"'s lack of knowledge about the changed Terms and Conditions.
Article 4. Supplementary Rules
The "Company" may have separate Terms of Use and policies (hereinafter referred to as "Individual Terms, etc.") for contracts with customers, and if the content conflicts with these Terms and Conditions, the Individual Terms, etc., shall prevail.Matters not specified in these Terms and Conditions are subject to Individual Terms, etc., and the provisions of the Telecommunications Basic Act, Telecommunications Business Act, Monopoly Regulation and Fair Trade Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Act on Consumer Protection in Electronic Commerce, etc., and other relevant laws.Contents announced by the "Company" through the website's notice board, etc., due to the "Company"'s policy changes, legislation/revisions, or directives from public institutions, also constitute part of the usage contract.
Article 5. Application for Use and MethodThe "Service" usage contract is concluded when the person who wishes to become a "Member" applies for the use of the "Service" according to the application method provided by the "Company", and the "Company" accepts the application.The person who wishes to become a "Member" must provide the required information (email address, etc.) requested by the "Company" at the time of application.The "Company" may require a verification process to confirm the identity of the person who wishes to become a "Member". In this case, the person must complete the process, including performing the verification.
Article 6. Acceptance and Restriction of Application for Use
The "Company" may refuse to accept or cancel the usage contract for any of the following applications:
1-1) If the application is made using someone else's name without their consent
1-2) If false information is provided
1-3) If there is a concern that it will violate laws, public order, or morals
1-4) If the purpose of using the "Service" is for wrongful purposes
1-5) If the "Service" is intended to be used for profit-seeking purposes without the prior consent of the "Company"
1-6) If acceptance is difficult due to reasons attributable to the applicant
The "Company" may defer the acceptance of the application for use in any of the following cases:
2-1) In case of a natural disaster causing equipment failure
2-2) If it is judged that maintaining the overall quality of the "Service" provided by the "Company" is difficult
2-3) If there is a lack of facilities or technical difficulties in providing the "Service"
2-4) If there are operational or business risks or concerns to the "Company"
2-5) If acceptance is difficult due to the "Company"'s circumstancesIf the "Company" does not accept or defers the acceptance of the application, it will generally notify the applicant.
Article 7. Provision and Change of Information
When providing information to the "Company" in accordance with these Terms and Conditions, the "Member" must provide truthful and lawful information, and cannot be protected from disadvantages caused by providing false or illegal information.The "Member" can view and modify their personal information at any time through the personal information management screen. However, ID and other information necessary for the management of the "Service" cannot be modified.If there is a change in the information provided at the time of application for use, the "Member" must immediately modify it online or notify the "Company" of the change through a separate form and method designated by the "Company".The "Company" is not responsible for any disadvantage caused by the "Member" not appropriately modifying their information changes.
Article 8. Protection and Management of Personal Information
The "Company" endeavors to protect the personal information of the "Member", including ID and password, in accordance with the relevant laws. The protection and use of the "Member"'s personal information are subject to the relevant laws and the personal information handling policy separately notified by the "Company".The "Company"'s personal information handling policy does not apply to services provided by third parties linked to the "Service" other than the "Service".The "Company" is not responsible for any information, including the "Member"'s ID and password, exposed due to reasons attributable to the "Member".
Article 9. Provision and Suspension of Service
The "Company" provides the "Service" to the "Member" from the time the usage application is accepted. However, some "Services" may be provided from a designated time.The "Company" may differentiate the usage time, service menu, and Uptime for the "Member" according to the "Company"'s policy.In any of the following cases, the "Service" may not be provided, and the "Company" is not obliged to provide the "Service":
3-1) In case of system improvement, facility expansion/maintenance/check, management and operation of facilities, etc., making it inevitably impossible to provide the "Service"
3-2) In case of illegal hacking, external electronic intrusion, communication accidents, etc., due to external factors not related to hoy, requiring necessary measures to address unexpected service instability
3-3) In case of natural disasters, power outages, or service facility failures, making it impossible to provide normal service
3-4) In other cases similar to the aboveIn the case of 3.1, the "Company" will notify the "Member" of the fact in advance through the method specified in Article 16. However, in cases including 3.2 and 3.3, where it is impossible to notify in advance due to hacking, accidents, and other unavoidable circumstances without the "Company"'s intention or negligence, the "Company" will notify the customer immediately after the service interruption. (If notification is impossible during the failure resolution, it will be notified immediately after service restoration.)
Article 10. Changes and Modification of Service Content
The "Company" may change the entire or part of the "Service" content due to operational, managerial, or technical needs, and in case of changes in the content or method of use of the "Service", the reason for change, content, and provision date will be announced.Except for special provisions in these Terms and Conditions and related laws, the "Company" is not responsible for any damage suffered by the "Member" due to the change, modification, or termination of the "Service".
Article 11. Provision of Information, Placement of Advertisements
The "Company" may provide the "Member" with transaction-related information, inquiries, etc., that are deemed necessary during the use of the "Service", via notice boards, email, SMS, etc. However, the "Member" may refuse to receive them at any time via email, etc.The "Company" may provide advertisements to the "Member" through lawful procedures in accordance with related laws.
Article 12. Company's Obligations
The "Company" does not engage in acts prohibited by the law and these Terms and Conditions or contrary to public morals, and strives to provide the "Service" continuously and stably.The "Company" must have a security system to ensure safe use of the "Service" for the "Member", disclose and comply with the personal information handling policy.If the "Company" deems the opinions or complaints raised by the "Member" regarding the use of the "Service" to be justified, it must handle them. The "Company" will inform the "Member" of the processing process and result using the "Service" or email.The "Company" complies with laws related to the operation, maintenance of the "Service", such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Protection of Communications Secrets Act, and the Telecommunications Business Act.
Article 13. Member's Obligations
The "Member" has a duty not to engage in the following actions:
1-1. Registering false information when applying or changing
1-2. Stealing information of others
1-3. Impersonating employees, operators, or other related parties of the "Company"
1-4. Changing information posted by the "Company"
1-5. Transmitting or posting information (computer programs, etc.) prohibited by the "Company"
1-6. Manufacturing, distributing, using, or advertising computer programs, devices, or equipment not provided or approved by the "Company"
1-7. Infringing on the intellectual property rights of the "Company" and third parties
1-8. Damaging the reputation of the "Company" and third parties or interfering with their work
1-9. Transmitting a large amount of information or advertising information to hinder the stable operation of the "Service"
1-10. Spreading computer virus programs that can cause malfunction of computing equipment or information devices
1-11. Deleting, slandering, or otherwise interfering with the "Company"'s banner advertisements
1-12. Publishing or posting obscene or violent messages, images, sounds, or other information contrary to public order and morals
1-13. Using the "Service" for profit-making, commercial, advertising, political activities without the "Company"'s consent
1-14. Other acts prohibited by laws or unacceptable in accordance with good customs and social normsThe "Member" must comply with the relevant laws, provisions of these Terms and Conditions, usage instructions and cautionary notes announced on the "Service", and matters notified by the "Company" while using the "Service".The "Member" must provide an email address that can receive notifications from the "Company" when signing up, and if there is a change in the information, it must be immediately notified to the "Company". The "Company" is not responsible for any disadvantage caused by the "Member"'s failure to notify the change of information.The "Member" must regularly check the initial screen of the "Service", notice boards, and the "Company"'s determined individual terms, etc., for any changes in policies or regulations specified in these Terms and Conditions.
Article 14. Duty and Responsibility for Management of ID and Password
The "Member" must manage their ID and password to prevent exposure or use by third parties.The "Member" is responsible for any service usage losses or unauthorized use by third parties resulting from the violation of the duty in the previous paragraph, and the "Company" is not responsible for this.The "Company" may restrict the use of the ID if there is a risk of personal information leakage or it is antisocial or against public morals, or if there is a risk of confusion with the "Company" and its operators.If the "Member" recognizes that their ID and password are stolen or used by a third party, they must immediately notify the "Company" and follow the "Company"'s guidance.If the "Member" does not notify the "Company" of the fact in the previous paragraph or does not follow the "Company"'s guidance, the "Company" is not responsible for any disadvantage.
Article 15. Notification to Members
When the "Company" notifies the "Member", unless otherwise specified in these Terms and Conditions, it can be done through the email address designated by the "Member".For notifications to all "Members", the "Company" can replace individual notifications by posting on the https://hoy.im/ and the "Service".
Article 16. Entrustment of Personal Information
The "Company" primarily handles and manages the collected personal information but may entrust part or all of the work to a third party selected by the "Company" if necessary. The entrustment of the "Member"'s personal information is subject to the "Company"'s personal information handling policy.The "Company" may use the information stored during the "Service" provision (including non-personal information such as advertising ID, app list) for marketing purposes other than service provision if the "Member" agrees.
Article 17. Prohibition of Transfer
The "Member" cannot transfer, gift, provide as collateral, or otherwise dispose of their "Service" usage rights and other contractual positions to others.
Article 18. Termination by Member
The "Member" can apply for termination of the usage contract at any time through the "Service" or customer center.When the "Member" terminates the usage contract according to the previous paragraph, all resources provided to the "Member" are retrieved except for cases where the "Company" retains the "Member"'s information in accordance with related laws and regulations, and all data stored on the "Service", including the "Member"'s posts, information, and materials, are deleted.
Article 19. Restriction and Termination of Use by the Company
The "Company" can restrict the use of the entire or part of the "Service" or terminate the contract if the "Member" falls under any of the following:
1-1. If the "Member" violates the obligations specified in Article 13
1-2. If the "Member" interferes with the normal operation of the "Company"
1-3. If the "Member" engages in illegal acts such as identity theft, payment fraud, illegal program distribution, operation interference, illegal communication and hacking, malware distribution, exceeding access rights, and other violations of related laws
1-4. In other cases where restriction measures are necessary for reasons similar to the aboveThe "Company" takes necessary measures such as personal information destruction in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection and its Enforcement Decree for "Members" who have not used the "Service" for 1 year to protect their personal information. Also, the "Company" can take necessary measures such as temporary action, restriction, account information deletion if there is an objective risk of account information theft. If the "Company" restricts the use of the "Service" or terminates the usage contract according to these Terms and Conditions, the "Member" cannot claim damages from the "Company".If the "Company" restricts or terminates the contract with the "Member" according to this Article, the "Company" can retrieve the allocated system (including deletion of posts, information, and materials) without additional notification from the time of restriction or termination, and the "Member" cannot claim damages from the "Company" for any loss incurred. The "Member" should take preventive measures (such as data backup) before system retrieval upon receiving notification of restriction or termination.
Article 20. Procedures for Restriction and Termination of Use by the Company
If the "Company" intends to restrict or terminate the use according to Article 19, the "Company" will notify the "Member" in advance through email or a similar method, including the reason, restriction, or termination date. However, if there are unavoidable circumstances that prevent prior notification, it can be notified afterward.The "Company" can demand improvement within a certain period before the restriction measure and can restrict the use of the "Service" without prior notice if not improved within the period.If the "Company" determines that the "Member"'s usage content has improved after the restriction measure, it will immediately lift the restriction measure.After the restriction measure according to paragraph 1, if the reason is not improved, the "Company" can terminate the "Service" usage contract after notifying the "Member" through email or similar methods in advance.
Article 21. Objection Procedure for Use Restrictions
If a "Member" wishes to contest the use restrictions imposed by the "Company," they must submit an objection form stating the reasons for contesting the use restrictions to the "Company" in writing, via email, or by any equivalent means.Upon receiving the objection form mentioned in Paragraph 1, the "Company" must respond to the "Member" within a reasonable period, in writing, via email, or by any equivalent means. However, if the processing takes a long time, the "Company" will announce or notify the reason and the processing schedule on the "Service."
Article 22. Service Use Fees
Details of service use fees and other related matters shall follow a separate operational policy (terms of use), and the "Company" will post these on the "Service" website.The service offers a choice between a free plan and a pro plan.The pro plan can be billed annually or monthly, and changes are not allowed during the contract period.
(1) If a member does not change or terminate their subscription plan within the subscription period, it will be renewed.
(2) Members can terminate their subscribed plan during the subscription period under specific termination conditions.
Article 23. Payment and Billing of Service Use Fees
The price policy for the business plan may change due to service updates or other reasons. During the existing subscription period, the price will be maintained as before the change. If members wish to renew their contract after the subscription period ends, they will be charged according to the updated pricing policy, and the company must inform members about this change at least one month before the renewal.Members must pay the service fees according to the company's pricing policy at the start of their subscribed plan.The business plan's service fees are calculated based on the number of users in the workspace.Example: If the annual subscription fee per user is 3900 won and a contract is made for 50 users in the workspace, the fee is calculated as 3900 * 50 * 12 months.If there is a desire to change the number of users during the plan's duration, the following criteria apply:
(a) Addition of users:i. Monthly Subscription: If additional users are desired during the subscription period, the additional amount will be billed separately based on the formula below. The billing amount for added users in the following month will be charged automatically to the registered card along with that month's billing amount.
- Monthly billing basis: Added user count X (Monthly fee per month)/30 X Remaining daysii.
Annual Subscription: If additional users are desired during the subscription period, the number of users and the amount will be adjusted based on the month the additional users first used the workspace and billed separately. The billing amount for added users will be automatically charged to the registered card the day after they first use the workspace.
- Annual billing basis: Added user count X (Monthly fee) X Remaining months(b) Reduction of users: Even if the number of users decreases during the subscription period, the fee is charged based on the initially contracted number of users. However, the right to use the service can be transferred within the same company or organization.Payment methods are limited to direct debit or credit card. For annual subscriptions, payment via bank transfer can be requested through customer service.If payment fails at the time of payment for the paid service, the company will attempt to charge again up to twice within 10 business days.If payment is not made within the re-charging period, the "Company" may suspend the "Member's" use of the "Service," and if the service fee is not paid by the end of the following month, the "Company" may terminate the service and delete the data according to the procedures and methods posted on the service website. The "Company" is not responsible for any loss to the "Member" due to this.Data is stored for up to 30 days during the suspension period due to non-payment of the service fee, and the service fee is charged.If non-payment continues for more than 30 days, a surcharge (1.5% of the unpaid amount per month) is added and re-billed, and waiving or cancelling the unpaid amount is not possible.The "Company" may refer to a collection agency to recover overdue service fees from a "Member" who has been delinquent for 3 months.The billing and payment methods for the "Service" follow the "Company's" policy.If a user illegally evades service fees, the company will charge twice the amount evaded."Members" must pay for the paid services, including taxes.
Article 24. Termination of Service
"Members" may withdraw their subscription in accordance with laws such as the Act on the Consumer Protection in Electronic Commerce, etc. However, the service fee will be charged proportionally to the usage period.If a "Member" wishes to stop or terminate the "Service" contract, they must notify the "Company" through the inquiry procedure, and the "Company" will proceed with the termination process.If a "Member" is using a paid service on a monthly billing basis and terminates the contract despite remaining usage time, the "Company" is not obliged to refund. However, the "Service" can be used until the next contract renewal date.If a "Member" is using a paid service on an annual billing basis and terminates the contract despite remaining usage time, the "Company" calculates (A) service usage fees and (B) early termination penalty fees according to the following criteria:(A) Service usage fees: For mid-term termination of an annual subscription, the discount provided for the annual subscription is withdrawn, and the usage fee is calculated based on the monthly subscription fee.- Calculation basis: Monthly payment usage fee (including VAT) X Contracted number of users X Number of months used- The month in which the reason for return occurred is included in the number of months used.(B) Early termination penalty fees: For mid-term termination of an annual subscription, 10% of the fee for the unused period must be paid as a penalty.- Calculation basis: (Unused months X Monthly payment usage fee (including VAT)) X 10%
Article 25. Effects of Membership Withdrawal
Withdrawal of membership does not affect the validity of any paid service contracts made on the platform before withdrawal. Therefore, rights and obligations under already established contracts remain valid after withdrawal, and the termination effect of the paid service contract occurs from the withdrawal date. However, if there is an amount eligible for refund for the in-use paid service, the member must apply for a refund to the company at the time of withdrawal according to these terms and conditions.Members using paid content on the platform that can be owned for life will not be able to use such content from the time of withdrawal.Members who withdraw but have used paid services on the platform before withdrawal cannot request a refund of the already paid purchase amount, except where withdrawal of subscription is allowed under these terms and conditions.
Article 26. Service Cancellation and Refund
"Members" can cancel the service use at any time. However, cancellation applies from the next contract renewal date.If a "Member" uses the service on a paid basis, under no circumstances is the obligation to pay the "Company" for the period prior to the effective date of contract termination waived. However, whether the plan can be downgraded, adjusted, or cancelled during the contract period depends on the subscription contract or separate subscription agreement made between the parties.
Article 27. Service Operation Management and Maintenance LevelThe company may suspend the provision of services in the following cases, and resume service provision without delay once the reason is resolved:
1-1. Inevitably unable to provide service due to system improvements, facility expansion, maintenance, inspection, facility management, and operation reasons for service improvement.
1-2. Necessary to respond to unexpected service instability due to illegal intrusion such as hacking, electronic intrusion accidents, communication accidents, and other external factors not due to hoy.
1-3. Unable to provide normal service due to natural disasters, power outages, service equipment failures, etc.
1-4. When a customer or third party's equipment, software, application, or operating system installed and used on the hoy service causes a malfunction.
1-5. When a malfunction occurs due to the customer's unauthorized action or failure to perform required actions (failure to install essential programs, arbitrary deletion, etc.).
1-6. When a malfunction occurs while using a service in arrears, beta testing, trial use, evaluation version, etc.
1-7. When a malfunction occurs because the customer does not follow hoy's recommendations, usage policies, terms of use, or instructions.
1-8. In other cases where compensation has already been provided (no duplicate compensation for the same malfunction).The uptime of the service follows the regulations of each Plan and the details of the specific contract, and the following items are excluded from the downtime calculation.In South Korea, since the "Company" is classified as a value-added telecommunications business operator under the Telecommunications Business Act, domestic customers are provided credits calculated by the hour based on the monthly supply price for the time of the malfunction, without regard to the applicability of the above conditions, if a malfunction occurs continuously for more than 4 hours. However, payment is not made twice for the same malfunction.
Article 28. Compensation for Damages
Except in cases where the "Company" is at fault, the "Company" is not liable for any damages that may arise to the "Member" in relation to the "Service" and its use.If a "Member" violates the provisions of these terms and causes damage to the "Company's" business activities, the "Member" is responsible for compensating the "Company" for the damages.If a "Member" commits an illegal act or violates the provisions of these terms, causing the "Company" to receive claims for damages, lawsuits, or various objections from third parties other than the "Member," the "Member" must indemnify the "Company" at their own expense and responsibility. If the "Company" is not indemnified, the "Member" is responsible for compensating the "Company" for the damages incurred.
Article 29. Company's Disclaimer
The "Company" is not liable for compensation for damages to the "Member" in any of the following cases:
1-1. When service malfunction occurs due to defects in devices purchased directly by the "Member."
1-2. When service cannot be provided due to reasons beyond reasonable control (including but not limited to natural disasters, wars, insurrections, riots, national emergencies, major network failures, or national emergencies equivalent to force majeure).
1-3. When service cannot be provided due to cloud provider failures, technological defects that cannot be solved with the current level of technology, and other force majeure situations.
1-4. When caused by the "Member's" intention or negligence.
1-5. When there are unavoidable reasons related to the characteristics of the telecommunications service.
1-6. When service is interrupted to prevent the spread of accidents occurring in the "Member's" information system.
1-7. When the service malfunction is caused by services provided by other operators.
1-8. When service inspection is unavoidable and has been announced in advance, without the "Company's" intention or gross negligence.
1-9. When service is suspended due to previously announced regular inspections.
1-10. When service malfunction occurs or the "Member's" information or data is damaged due to reasons not caused by the "Company's" intention or negligence.
1-11. When disadvantages occur because the "Member" did not receive service-related notifications due to missing information updates.
1-12. When a malfunction occurs due to errors in applications installed at the "Member's" discretion.The "Company" is not responsible for indirect, consequential, special, or incidental damages, loss of profits or revenue, or other losses or damages arising in relation to the "Service."The "Member" uses the "Service" entirely at their own risk, and the "Service" is provided 'as is' and 'as available,' with all posts, information, and materials managed at the "Member's" discretion and risk.The "Company" is not responsible for service disruptions, limitations, or contract terminations due to the "Member's" fault.The "Company" is not responsible for any loss of expected profits by the "Member" or for damages resulting from materials obtained through the service.The responsibility for managing and preserving posts, information, and materials related to the "Service" lies entirely with the "Member," and the "Company" is not obligated to back up or restore the "Member's" posts, information, or materials. The "Member" should independently back up their posts, information, and materials to a separate storage if necessary.The "Company" is not responsible for the reliability or accuracy of posts made by the "Member" on the "Service," and has no obligation to verify or represent any opinions or information posted on the "Service." The "Company" does not endorse, oppose, or modify opinions expressed by the "Member" or third parties.The "Company" has no obligation to intervene in disputes between the "Member" and third parties mediated through the "Service," and is not responsible for compensating for damages resulting from such disputes.
Article 30. Ownership of Rights
Copyrights and other intellectual property rights related to the "Service" belong to the "Company."The "Company" grants the "Member" the right to use the "Service" according to the conditions set by the "Company," and the "Member" may not transfer, sell, or otherwise dispose of this right.
Article 31. Governing Law and JurisdictionLitigations related to transactions under these terms shall be under the jurisdiction of the court of the "Member's" address or business location. However, if the "Member's" address is unknown or unclear, it shall be under the jurisdiction of the court determined by the Civil Procedure Act.Supplementary ProvisionIf there are agreements or contracts between the "Company" and the "Member" that differ from the content of these terms, those agreements or contracts shall take precedence over these terms.
These terms and conditions are applicable from September 4, 2023.