① These Terms constitute an agreement governing the installation and use of the Shiftee Desktop software (hereinafter referred to as the “Software”), provided by Shiftee Inc. (the “Provider”), pursuant to the service agreement (the “Agreement”) entered into between the Provider and the legal entity or organization to which the End User of the Software belongs (the “Customer”).
② The End User completes the consent procedure by selecting the “Agree” button. If the End User does not agree to these Terms, the End User must select “Cancel” or close the installation window and must not install the Software. By selecting “Agree” and installing or using the Software, the end user is deemed to have read this Agreement and consented to the installation and use of the Software under these Terms.
③ The Software is protected by copyright law, other applicable intellectual property laws, and international copyright treaties. It consists of the Software itself, storage media, and online or electronic documentation, and includes all files that accompany the Software and any accompanying documentation, including executable files, add-ons, user manuals, help files, and any other files.
The following terms, as used in these Terms, shall have the following meanings:
① Software: Software means the program(s) that the End User chooses to download from the Provider’s website or by other means—whether as installation program(s) or standalone program(s)—and installs on the End User’s PC for use; the Software includes all files that accompany the Software and any accompanying online or electronic documentation, including executable files, add-ons, user manuals, help files, and any other files.
② End User: End User means an officer or employee of the Customer who agrees to these Terms and is an individual who installs all or part of the Software on their own PC and uses it.
③ Use: Use means any act of storing all or part of the Software in the main memory, auxiliary memory, CD-ROM, or any other storage device of a PC, and installing, executing, or displaying the Software on the screen.
④ Agreement: Agreement means a license agreement for the use of the Software that the Provider offers to an individual End User or to the Customer via the website or by any other means, or a service agreement for the use of related services that the Provider offers in connection with the Software.
⑤ PC information: PC information means information from the End User’s PC regarding Software usage, records of Software error occurrences, and PC system specifications.
① These Terms shall take effect when the End User clicks the “Agree” button during the installation process and completes the installation of the Software, and shall remain in effect until the Agreement is terminated and the use of the Software ceases, or until the Software is removed from the End User’s PC.
② The Provider may amend these Terms to provide new services, for business requirements, or for other reasons, and shall notify the Customer and End User of such amendments through the website.
③ If the Customer or End User does not agree to the amended Terms, use of the Software may be suspended. The Provider shall not be liable for any damages arising from the Customer’s or End User’s failure to take notice of the amended Terms.
Matters not stipulated in these Terms shall be governed by the Agreement entered into between the Customer and the Provider, as well as the Provider’s ‘Customer Terms of Service’, ‘User Terms of Service’ and ‘Acceptable Use’. Any matters not otherwise specified herein but provided for under applicable laws and regulations shall be governed by such laws and regulations.
The End User may install and use the Software from the effective date of this Agreement until the expiration of the contract term. If the Agreement between the Customer and the Provider expires or is terminated prior to its expiration, the End User shall have no right to install or use the Software from and after the date of such expiration or termination.
All patents, copyrights, and other intellectual property rights in the Software (hereinafter referred to as “Intellectual Property Rights”) are owned by the Provider. Accordingly, no Intellectual Property Rights in the Software shall be transferred to the Customer or End User by reason of the Agreement or the installation or use of the Software, and the license granted under these Terms shall not be construed as a transfer or sale of any Intellectual Property Rights in the Software. All rights in and to the Software are reserved to the Provider.
Automatic updates are a part of the normal operation of the Software and include functionality executed via the Internet. When the Software is automatically updated, related files may be installed on the End User’s PC as necessary, without the need to obtain separate consent from the End User prior to installation.
The Provider may collect and use non-personally identifiable PC information related to the use of the Software on the basis of the Agreement entered into with the Customer and the consent to these Terms. PC Information collected from End User shall not be used for any purpose other than for providing the Software.
① The Customer and End User shall not engage in any acts that infringe the Intellectual Property Rights of the Software.
② The Customer and End User shall not engage in reverse engineering, decompilation, disassembly, or any equivalent acts in relation to the Software.
③ The Customer and End User shall not copy, redistribute, retransmit, publish, lend, lease, sell, pledge, encumber, modify, or create derivative works of all or any part of the Software.
④ The Customer and End User shall not remove any labels or other markings regarding the ownership of Intellectual Property Rights from the Software.
⑤ The Customer and End User shall be solely liable for all responsibility arising from their violations.
⑥ If the Customer or End User commit violations through intentional acts or negligence, they shall be liable for all liability for damages arising from such violations.
① The Provider shall not be liable for any consequences resulting from use that is in violation of these Terms, the instructions regarding the Software, or the usage standards established by the Provider.
② The Provider does not warrant that the functions contained in the Software will meet all of the requirements of the Customer or End User, or that the use of the Software will not cause temporary interference with the operation of the computer or be free from errors.
③ The Provider does not warrant that the Software will function properly in all PC environments of the Customer or End User. The Customer and End User shall be responsible for verifying and testing the Software’s operation with respect to their PC settings, conflicts with installed security programs (including antivirus, DLP, and similar programs), network issues, and other relevant conditions. Responsibility for verifying and testing the PC environment rests with the Customer and End User, and the Provider shall bear no liability for any failure of the Software to operate properly resulting from such circumstances.
④ If, for reasons attributable to the Customer or End User under paragraph 3, proper use of the Software becomes difficult, the Provider may deny the Customer or End User the use of the Software.
⑤ The Provider shall not be liable for the Customer’s failure to obtain or for the loss of any anticipated profits from the use of the Software.
⑥ The Provider shall not be liable, to the maximum extent permitted by applicable law, for any incidental or indirect damages, including business damages such as loss of profits, interruption of operations, loss of business information, or monetary loss, arising from malfunction or unavailability of the Software or from improper or inadequate use of the Software, even if the Provider was aware of the possibility of such damages in advance.
① In the event of any dispute arising between the Provider, the Customer, and the End User in connection with the use of the Services, the parties shall negotiate in good faith to resolve such dispute.
② Notwithstanding paragraph 1, any litigation arising out of such dispute shall be governed by the laws of the Republic of Korea and shall be submitted to the exclusive jurisdiction of the Seoul Central District Court.
These Terms shall take effect as of April 12, 2024.