Terms of Service
1. General Provisions
- “Couponpapa Company Limited” (the “Company”) provides a software solution (“Couponpapa”) as further specified on Couponpapa.io, that enables its customers to generate coupons, redeem them on mobile or web with client-side and backend Software Development Kits (SDKs), as well as fast-forward coupons functionality, having at the same time the security and scaling. Couponpapa provides components to track and optimize customer’s digital promotion performance, gives access to redemption history, monitors acquisition channels, compares performance, allowing at the same time to automate campaign management with the simple UI as well as streamline data analytics with CSV import and export (the “Services”).
- All contractual relationships between the Company and any user using Couponpapa offered by the Company (a “User”, “Users”) shall be governed by these Terms of Service (the “Terms of Service”). By registering with Couponpapa’s Website or using the Couponpapa, the User agrees to be bound by these Terms of Service.
- The Service offerings of the Company are available to Business Clients (as defined below). For the purpose of these Terms of Service a “Business Client” is a User (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity in accordance with the provisions of law and these Terms of Service.
- Standard business conditions and/or general terms and conditions of the User do not apply, regardless of whether or not the Company has expressly objected to them in a particular case.
- The Company may amend these Terms of Service at any time upon observance of statutory regulations and notifying the Users about the amendment. In case the Terms of Service are amended, the User should accept their new wording, which shall apply to a renewed billing period. If the User does not accept the new wording of the Terms of Service, the Services shall cease to be provided with the end of a current billing period and the contract will terminate automatically.
- The Company offers its Services to persons over 18 years of age.
- The User is responsible for the accuracy of the information necessary for registration as a User. He is obliged to keep credentials secret and protect them against unauthorised use by third parties. In case of misuse or loss of the credentials or in case of an appropriate suspicion, he must report the same to the Company to firstname.lastname@example.org.
3. Use of Services
- The User may use the Services to a certain limit for free –during 30 – day trial run, after registering. The User may only register for a free plan once. If a User registers for more than one free plan, then the Company will have the right to delete these additional accounts. As the trial run expires, the customer subscribes to a monthly use of Couponpapa and Services against the prepaid fee appropriate for a chosen plan (standard or plus) of Services.
- By registering on the website according to Section 1 hereof and subscribing to a plan, the User makes a binding offer to use the Respective Services. The offer shall be deemed to be accepted by the Company by making available the respective Services and Couponpapa. Upon the acceptance of a subscription a contract between the User and the Company is concluded (the “Contract”).
- The User can subscribe to the Services and Couponpapa on a monthly or annual basis.
4. Technical Requirements
- In order to use any of the Services, please check all technical details and conditions on our Website. The Company will update all information about its platform/Website frequently (“Technical Requirements”).
- The User is solely responsible for the fulfillment of the Technical Requirements; the Company does not owe and/or provide any consultancy services in connection therewith if not otherwise agreed with the Company.
- The Company provides support for Users using a paid plan. The User is entitled to report the incident concerning malfunction of the Services by sending an e-mail with detailed description in the report to email@example.com.
- The use of Services may differ depending on the hardware and/or software used by the User.
5. Prices and Payment
- The User, when using a paid plan, is required to provide the Company with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the User is authorized to approve charges to allow the Company to collect payment from the Users for their purchases. The Users authorize the Company to automatically and immediately bill the Payment Source when payments for plans are due. The User shall only be allowed to raise an objection to a bill/deduction within 14 days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the User.
- The billing of a plan is made on a pre-paid basis. The payment source will not be billed on the first month of the chosen subscription period and will be billed on the first bank working day of the month and at every renewed period of subscription (beginning of the month) respectively according to the current price list.
- The Company may amend the price list of Services at any time upon observance of statutory regulations and notify the Users about the amendment. In case the price list is amended, the User should accept the new price list, which shall apply to a renewed billing period. If the User does not accept the new price list, the Services shall cease to be provided with the end of the current billing period and the contract will be terminated automatically.
- The stated prices are net prices including VAT of any. All other charges in connection with the use of the Services shall be borne by the User.
6. Contract Period, Termination of Contract, Deactivation of Account
- The term of use depends on the subscription period chosen by a User when ordering Services and shall be renewed automatically for that same period (i.e. another month/year) each time the User does not terminate the Contract according to Section 6.2 below.
- A User may terminate the Contract at any anytime without giving reason and notice by using the respective button in his account. The User
- A User may also switch to a cheaper plan at any time within the provided plans by the Company. Payments already made for the ordered plan will not be refunded and the newly changed plan will take into effect in the following month.
- The right of termination for cause and without notice remains unaffected for both parties. A good cause for termination shall include, but shall not be limited to, any of the following events:
a) the User fails to comply with any applicable legal provisions;
b) the User fails to comply with any terms of these Terms of Service;
c) the User fails to pay the fees for the ordered Services.
- Any termination declaration requiring detailed information or evidence must be sent via e-mail to the Company.
- After a User has terminated the Contract and deactivated the account, the Company will not provide any stored data in the account. The Company will delete any data of that User after the expiry of 12 months after the User has deactivated his registration.
- In case of sudden changes that requires the User to re-activate his account, the User must contact the Company via e-mail with detailed information.
7. Prohibited Use
- The Users shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. It is particularly forbidden to use the Website and/or Services to distribute illegal Content and/or Content that infringes third parties rights, in particular but not limited to:
a) pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Contents or to advertise, offer, or sell such products;
c) threats to other Users;
d) content that affects or infringes the rights of third parties or that is covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner.
- Furthermore, it is forbidden to use temporary e-mail addresses or to create multiple accounts for disruptive or abusive purposes.
- The Company reserves the right to delete any infringing Content according to this Section 7, terminate the Services and/or suspend accounts of Users that are violating any of these Terms of Service, in particular this Section 7.
8. User’s Warranty and Responsibility
- The User is solely responsible for its Content and for payments of all fees and licenses related hereto, such as royalty payments to any collection societies. In particular, the User represents and warrants that any material, data, images, photos, videos, music and other Content submitted or otherwise transferred or published via The Company Website or the use of the Services does not infringe third party rights or any applicable law and does not consist of or include Content according to Section 8 hereof.
- The Company has no ability to and does not control or monitor any of the Content. The Company is not responsible or liable for the availability, accuracy, completeness, freshness and legality of the Content.
9. Liability of the Company
- The Company is liable for damages that have been caused by deliberate intention or by gross negligence by the Company, its legal representatives or senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other assistants in performance the Company’s liability shall be as set forth in the provisions for slight negligence.
- In cases of slight negligence, the Company is only liable if it, its legal representatives or assistants in performance has infringed a fundamental duty and if the purpose of the Contract is threatened thereby or if its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfillment of these duties. In the aforementioned cases, the Company is only liable for foreseeable damages by a User at the time the respective Service was performed. Liability of the Company for consequential damage and lost profit is excluded.
- The Company is only liable to Business Clients according to the definition of Section 1.3 hereof in the event of gross negligence for predictable damages up to the amount of the respective price of Service.
- The Company will not be liable hereunder by reason of any failure to timely perform its Services due to an event beyond its reasonable control, including in particular, but not restricted to acts of God, acts of terrorism, civil unrest, war, fires, power cuts or epidemics.
- The Company will make every effort to provide a stable and powerful Service in cooperation with service partners and data processing centers. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of Service. No guarantee of the Company shall be given for the absence of viruses or any other harmful components of the Website or the Company’s software.
- If the liability of the Company is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents.
- A User will indemnify, defend, and hold harmless the Company and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Users use of the Website and/or Services; (ii) any breach by a User of any warranty defined in Section 8; (iii) any claim that the User’s Content caused damage to a third party.I
- In cases of an aforementioned enforcement of claims by third parties, the User will provide the Company with all his information that is needed for the examination of the claim and for the defense against it. The User provides the information immediately, truthfully, and completely.
- The regulation of liability of a User or his obligation of indemnification shall apply to the same extent in the event of an act of his sub-account user.
11. Intellectual Property Rights
- License. Subject to the Users compliance with the terms and conditions of these Terms of Service, the Company grants its Users a limited non-exclusive, non-transferable license to access and make personal use of the Website and the Services including certain software and not to download or modify it, as part or as a whole (the “Company License”). The Company License does not include the right of any resale or other use outside the offered Services. Any commercial use of the Website and/or Services requires the Company’s prior written approval. The Company License granted to a User will automatically terminate without notice from the Company if the respective User breaches any terms of these Terms of Service.
- User Content. The Company does not claim any ownership rights in User Content. However by uploading, streaming, emailing or otherwise transmitting any Content to the Company, the User hereby grants the Company the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the Content for the purpose of providing the Services.
- The User agrees that the Company may use information of the User provided by him (i.e. the name/trademark) for marketing purposes as reference on their website. The User may withdraw such consent by writing an email to the Company to firstname.lastname@example.org.
12. Data Protection
- Any contracts entered into between the Company and a User shall be governed by the laws of South Korea under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
- If the User is a Business Client or if the User is a legal entity or a foreign special fund organized under public law, the common courts in Seoul Korea, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
- Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.