Hyper Lab Terms of Service
Last updated : August 30, 2024
1. Purpose
These Terms of Service is intended to regulate the rights, duties, and other necessary matters between HITS Inc. (hereinafter referred to as 'the Company') and the users in the use of Hyper Lab (hereinafter referred to as 'the Service') provided by the Company.
2. Definition of Terms
Hyper Lab (or Service) : Refers to all services implemented and provided by the Company for customers, including researchers in drug development, providing artificial intelligence prediction models and collaborative spaces.
Customer : Refers to individuals or groups, including companies, nonprofit research institutes, universities, etc., using Hyper Lab. This is not limited to specific organizations; any individual organization can also subscribe and use the service. In this case, the group or its representative is considered the customer.
Member : Refers to a person who has been granted the right to use Hyper Lab under the management of the customer, categorized as either an administrator or a general member based on the authority granted by the customer.
Administrator : Refers to a member who can use all management functions of Hyper Lab and can terminate the Hyper Lab service agreement, either the customer themselves or a member representing or acting on behalf of the customer.
General Member : Refers to a member who uses Hyper Lab without special management authority.
User : Refers collectively to customers and members, the parties using this service.
Account : Refers to a specific string required for member identification and service use, combined with the group name or domain determined by the user.
Lab space: Refers to a virtual laboratory space created to use the services of Hyper Lab.
Project : Refers to an individual experimental unit in the LabSpace for developing drugs for specific indications.
Data : Refers to all materials including protein and compound information entered or produced by users in the LabSpace.
3. Posting and Effect of the Terms
These terms apply to all users of Hyper Lab.
The Company will post the contents of these terms on the service page so that users can easily know them.
The Company will post the content of these terms, the company name, representative's name, address of the place of business, phone number, email address, company registration number, mail-order business report number, and personal information manager, etc., on the service screen so that users can easily know them. The Company may allow users to view these terms through a linked screen.
These terms apply from the day the user agrees to these terms until the user withdraws. However, some provisions of these terms may remain effective even after the user withdraws.
The Company takes the necessary technical measures so that users can print and check the entirety of these terms.
The Company may establish and operate separate detailed terms, operation policies, usage guidelines, etc. (hereinafter collectively referred to as 'Operation Policies, etc.') to announce and determine the content to be applied to the details of the service as necessary. The Company will post the Operation Policies, etc., on the service page so that users can easily know them, or if it is difficult to post them due to operational needs or circumstances, notify the users in the manner specified in these terms. The content of the Operation Policies, etc., takes precedence over these terms.
4. Provision and Change of Service
The Company provides the following services to users :
Services providing artificial intelligence prediction models and collaborative spaces for customers, including drug development researchers.
Basic information providing services such as the introduction of the Company's services, price plan guides, and purchase/payment services.
Post-technical support services for service users, such as service updates and system checks.
Other services implemented by the Company to be available to users.
The Company can post the specific content of the services mentioned in paragraph 1 through a separate guide page within the service.
The Company may change all or part of the services being provided as necessary for operational and technical needs if there are substantial reasons.
If the Company changes the content of the service agreed upon with the user to enter into a service contract according to paragraph 3, the Company will notify the user in the manner specified in these terms.
If the change in service content is significant or significantly disadvantageous to the user, the Company will notify the user in the manner specified in these terms and obtain consent.
If the user wishes to use individual services other than the basic services provided by the Company, the user may need to enter into a separate contract through consultation with the Company. In the case of a separate contract, these terms are considered the basic contract.
5. Establishment of the Service Use Agreement
The service use agreement is established when the user fills in the necessary information according to the form set by the Company, agrees to these terms, applies for membership and service use, and the Company approves it. The time of establishment of the use agreement is considered the time when the applicant expresses their agreement to these terms.
In the following cases, the Company may refuse or postpone the application for membership and service use :
If the applicant has previously lost membership qualifications under these terms or has a history of being restricted from using the service.
If there is a history of causing service disruptions by using the service for purposes not intended in the past.
If it is not the real name or someone else's name is used.
If there is falsehood, omission, or error in the content of the application for use.
If the application is made for the purpose of undermining public order or good morals, or with such an intention.
If it is clear that the service was used for purposes other than normal use, such as criminal acts or repeatedly signing up and withdrawing membership over a certain period.
If the applicant has a history of using the service together with other users with one account.
If there is a risk of interfering with the Company's business or causing disruption to the service.
In the case of the previous paragraph, the Company will notify the applicant of the refusal or postponement through the email provided by the applicant.
6. Suspension and Restriction of Service
The Company provides services without interruption 24 hours a day in principle.
However, if there is an impediment to the use of services due to reasons such as equipment inspection, national emergency, natural disaster, or other force majeure, the use of all or part of the services may be exceptionally restricted or suspended.
If it is essential for service provision, the Company may conduct regular inspections, during which time the use of services may be restricted.
In the case of paragraphs 2 and 3, the Company will notify customers in advance and may announce it by posting it on the service page. However, this does not apply in cases beyond the Company's control.
7. Company's Obligations and Confidentiality
The Company strives to provide stable and continuous services.
If a disruption that affects the normal operation of the service occurs, the Company will strive to recover as quickly as possible.
The Company does not access or process customer information related to the service or data for purposes other than those stated in these terms.
The Company will not provide, disclose, leak, or use any information (including but not limited to trade secrets, management information, customer information, etc.) related to these terms and services processed during the term of the use contract or after the termination or cancellation of the use contract to third parties without the prior written consent of the user.
8. User's Obligations and Precautions
The user must comply with relevant laws, these terms, detailed terms, notices announced by the Company, operation policies, etc.
The user must not engage in activities that interfere with the Company's business or the use of services by third parties.
The user must not engage in acts that adversely affect the Hyper Lab service intentionally or negligently.
The customer is responsible for backing up their data and managing it at their own risk.
Without the explicit consent of the Company, the user may not transfer, gift, allow the use of, or provide as collateral their right to use the service to others.
The user must not cause any of the reasons listed in Article 9, paragraph 1.
9. Termination of the Service Use Agreement
In the following cases, the Company may unilaterally terminate the service use agreement :
If the user uses the service for purposes other than its original intention or connects with such intent without the Company's consent.
If the user transfers or distributes their account to a third party without the Company's consent, allowing a third party (others) who is not the originally authorized user to use it.
If the user engages in acts of registering for membership, changing the service contract, purchasing, and subscribing to∙using the service by falsifying facts, using the name, payment information of a third party without authorization, or using someone else's mobile phone inappropriately.
If the user engages in any act that infringes on the copyright, trademark rights, design rights, patent rights, business rights, and other intellectual property rights and tangible and intangible property rights of the Company or a third party.
If the user stores, uses, or transmits data containing computer software viruses or other computer codes, files, programs designed to interfere with or destroy the normal operation of computer software, hardware, telecommunications equipment.
If the user spreads false facts about the Company or damages the credit or reputation of the Company, thus unfairly tarnishing the Company's image.
If any of the reasons listed in Article 5, paragraph 2, occur or are discovered posthumously.
The customer may terminate the service use contract and withdraw their account at any time according to their will. The Company, in principle, processes the procedure for deletion of member registration within 5 days after receiving a withdrawal request, but according to the Company's privacy policy, the user's personal information may be deleted after a certain period or the retention period prescribed by laws for the purpose of preventing misuse of the service after the user's withdrawal. However, if there is an unpaid debt to the user or there is a need to maintain the service use contract, the withdrawal request may be refused.
10. Service Subscription∙Use Contract
The Company may determine the types, options, subscription∙use fees (regardless of the name, including usage fees, etc.), use period, discount rate, and other subscription∙use conditions of the service according to the Company's policy. The content related to the above fees and conditions will be announced to the user through the operation policies, etc., or the service page, or by notifying the user of the fees and conditions through the methods specified in these terms or by posting them on the service subscription∙use application and payment screen. However, the Company may differently determine the subscription∙use fees and conditions according to the individual contract content with the user.
The user applies for service subscription∙use within the Company's service page in the following manner or a similar method :
Selection of the type and other options of the service to be subscribed to∙used
Confirmation of the contents of the terms, operation policies, etc., subscription contract-related guidelines, and other matters related to subscription∙use
Selection and payment of the payment method
Despite paragraph 2, the Company may allow the user to apply for service subscription∙use outside the Company's service page through the Company's email communication or any other method, assuming the conclusion of a use contract under these terms with the user :
Delivery of the purchase intention after selecting the service type and options according to the guidance of the Company
Confirmation of the contents of the terms, operation policies, etc., subscription contract-related guidelines, and other matters related to subscription∙use according to the guidance of the Company
Payment according to the guidance of the Company
The Company may not accept the subscription∙use application under paragraphs 2 and 3 in the following cases :
If there is falsehood, omission, or error in the application content
If it is found or suspected that the subscription∙use applicant has a history of being restricted from using the Company's services
If any of the reasons listed in Article 9, paragraph 1, applies
If accepting the subscription∙use application is judged to significantly hinder the operation of the Company's services
The Company may modify or change the subscription∙use fees and conditions, etc., of the services mentioned in paragraph 1 as necessary for operational and technical needs, and in this case, may announce the changes through the operation policies, etc., or the service page, or notify the user by the methods specified in these terms as needed for service operation.
11. User's Obligation to Pay Subscription∙Use Fees
The user must pay the Company the subscription∙use fees calculated based on the service type, usage period, discount rate, etc., announced through the operation policies, etc., or the service page, or selected through paragraphs 2 and 3 of Article 10, at the cycle determined at the time of subscription∙use application (prepayment, annual payment, monthly payment, etc., regardless of the type) using the payment method specified in Article 14. However, if the user and the Company have agreed to pay the fee according to an individual contract, the fee must be paid according to the method determined by that contract content.
The Company may claim a late payment interest calculated at a monthly rate of 1% for the subscription∙use fees and other fees payable by the member in case of default as mentioned in paragraph 1.
If there are changes in the method of calculating subscription∙use fees and the payment method, etc., the Company will notify the user in advance through the operation policies, etc., the service page, or other methods specified in these terms before applying the changes.
12 Termination of Service Subscription∙Use Contract and Refund of Payment Fees and Penalties
When a user terminates their service subscription or use contract, if any payment has already been received, the company will proceed with a refund based on the provisions specified in this section.
The company will issue refunds under the following circumstances, although if there was a period during which the paid service was available for use, the amount corresponding to that period will be deducted from the refund:
If the service was unavailable due to network or system failures attributable to the company.
If the use of paid services was hindered due to faults on the part of the company.
If a user of a term-based service ticket requests a refund for the remaining period until the expiration date.
If a user who purchased Hyper screening points requests a refund within the eligible period (within 30 days from the purchase date) and within the eligible usage range (less than 30% of the purchased Hyper screening points used).
Other situations as defined by the sales terms and conditions.
The company refunds users based on a pro-rated fee calculated from the total usage fee without any applied discounts.
The company will not refund the cost of purchased Hyper screening points under the following conditions:
If more than 30 days have passed since the purchase date of the Hyper screening points.
If more than 30% of the purchased Hyper screening points have been used.
3. If the purchased Hyper screening points have expired.
In the following cases, the company will not refund the usage fee to the user, and may additionally claim damages from the user:
When the paid service is used as a monthly subscription without any fault on the part of the company.
Other cases where the refund of service fees is deemed inappropriate as defined in the terms of sale.
When the termination of the paid service usage is due to the user's fault under Article 9, Section 1.
Refunds can be requested by users through inquiries within the service. The effect of the refund request becomes valid when the company receives the user's expressed intent. Upon receipt of the user's request, the company will respond to the user without delay, acknowledging the receipt and processing of the refund request.
Once the company confirms a user's refund request and there is a refund amount to be processed, the company will request the payment service providers to halt or cancel the billing charge, adhering to the principle of refunding via the same payment method used by the user for payment. However, there can be differences in the refund methods, permissible refund periods, and other conditions for individual payment methods, which may have been previously announced by the company through emails, service announcements, or service consultation channels. Specific conditions include:
Payment methods such as credit cards that require confirmation of receipt before processing a refund.
Cases where the payment service provider has set terms for halting billing or cancelling payments in agreement with the company, and the refund request is made after these terms have expired.
Situations where the user does not immediately provide necessary information or documents required for processing the refund (e.g., failing to submit a copy of an ID card and account details for cash refunds, or providing an account in someone else’s name).
Cases where there is an explicit declaration of intent from the user regarding the refund.
The company can process refunds deducting incidental costs and fees that it has incurred or will incur, in accordance with the "Content User Protection Guidelines" established under Article 28 of the "Content Industry Promotion Act."
The company is not obligated to refund any fees for paid services that the user has acquired for free, whether through receiving them as gifts, promotions, or other means where the user has not directly paid any cost.
If a user violates any obligations set forth in these terms and conditions, the company may take actions such as dissolving the contract, terminating it, restricting service use, or claiming damages. If there is a refundable amount after the termination of the contract, the amount that the user is responsible for will be deducted within a certain range before the refund is issued. In this situation, the user may file an objection according to the procedures established by the company. If the company confirms the objection as valid, it may resume the use of the service. Additionally, if the user proves that there was no intentional fault or negligence on their part, the company will extend the service period by the duration the service was suspended.
In the case of paid services under a monthly subscription initiated by the user’s application or consent, if the user fails to pay the service fee, a grace period of 3 days from the date the delinquency occurs is applied. During this grace period, the user can continue to use the service normally, and the company will periodically attempt to collect the overdue payment. If the payment remains delinquent beyond these 3 days, the ongoing paid service may automatically be terminated. Therefore, users who wish to maintain their paid services should take measures in advance to prevent non-payment of fees or delinquency in their payment methods.
When a user who is using a paid service decides to withdraw, the paid service is immediately terminated. In this case, the user's information and service usage details are handled according to the terms and conditions, except in cases specified by relevant laws.
13. Impossibility of Withdrawal of Subscription
The services provided by the Company are services for which withdrawal of subscription is impossible under Article 17, paragraph 2, item 5 of the Act on Consumer Protection in Electronic Commerce, etc. (hereinafter referred to as 'the Electronic Commerce Act'), and the user who has entered into a contract for subscription to the service with the Company cannot withdraw the subscription against the will of the Company.
The Company, may clearly indicate the fact that withdrawal of subscription is impossible on the operation policies, etc., or the service page, notify the user through the methods specified in these terms, or provide a free evaluation service for trial use to ensure that the exercise of withdrawal of subscription is not hindered.
14. Payment Methods
The payment method for the user to the Company can be one of the following methods available implemented by the Company. However, the payment method may be limited depending on the operating situation of the Company :
Various account transfers such as phone banking, internet banking, mail banking, etc.
Various card payments such as prepaid cards, debit cards, credit cards, etc.
Online non-bank transfers
Payment by electronic currency
Other electronic payment methods, etc.
Service users of the Company can obtain a sales slip through the credit card company used at the time of payment. The Company provides tax invoice issuance, cash receipt issuance, and other receipt issuance requests if requested by the purchaser, and the Company can fulfill them in an appropriate manner depending on the user's payment method.
15. Limitation of the Company's Liability
The customer is responsible for adding, deleting, and changing the data of the member, and the Company has no obligation to intervene in disputes between the customer and the member or between customers and members, nor is it liable for damages resulting from such disputes.
All experiments conducted within the LabSpace are under the authority of the user, and the Company is not responsible for the content and results of such experiments.
The Company is not liable for service interruptions or usage disruptions due to the user's fault, and if the telecommunications business operator stops or does not provide telecommunication services normally, causing damage to the user, the liability is exempted.
The Company does not bear the obligation to back up data and is not responsible for problems arising from the user not backing up data.
The Company is not responsible for damages caused by the user's intentional or negligent actions.
16. Compensation for Damages
If the user violates the provisions of these terms and causes damage to the Company, the user must compensate the Company for the damage.
If the user uses the service and, due to illegal acts or violations of these terms, the Company receives claims for damages or various objections from third parties other than the user, the user must compensate for all damages resulting from it.
17. Ownership of Rights
The copyright and other intellectual property rights of Hyper Lab belong to the Company.
The information of the projects generated and stored by each user using the Hyper Lab service and all data belong to the user and are managed by the user, and the Company cannot access it without the user's consent.
18. Amendment and Change of the Terms
The Company can amend these terms within the scope not violating the "Regulation of Standardized Contracts Act", "Act on Consumer Protection in Electronic Commerce, etc.", "Installment Transactions Act", "Door-to-Door Sales, etc. Act", and other related laws.
When the Company amends the terms, it will specify the application date and reason for amendment, post it along with the current terms in the manner specified in paragraph 1 from 7 days before the application date of the amended terms to a considerable period after the application date, and the amended terms will take effect on the application date. However, if the amendment is disadvantageous to the user, it will be posted on the service page from 30 days before the implementation date to a considerable period after the implementation date, and provided through email or mobile phone, etc., so that the user can recognize it in any reasonably possible manner.
Despite the previous paragraph, if the Company clearly notifies or announces that 'if you do not express your objection until the implementation date of the amended terms from the notice date, it will be considered as consent', and the user does not express an objection, it is considered as consent to the changed terms. If the user does not agree to the amended terms, the user can terminate the use contract according to the provisions of these terms.
19. Notification to Users
When the Company has something to notify the user, it can notify individually through the email address, phone, and other contact information disclosed by the user, or notify individually through popup messages, notification messages, etc., on the service page. However, if individual notification is difficult due to the user not providing contact information, changing it, not using the service, etc., the Company can substitute individual notification by posting on the bulletin board, etc., for more than 7 days.
For notifications to all users, the Company can substitute the individual notification in the previous paragraph by posting on the Company's bulletin board for more than 7 days. However, for matters that have a significant impact on the user's transaction, it will be notified in the same manner as the previous paragraph.
20. Governing Law and Jurisdiction
In case of a disagreement or dispute related to the use of the service between the Company and the user, both parties should resolve it amicably through mutual agreement.
The interpretation of these terms and disputes between members will be governed by the laws of the Republic of Korea.
The jurisdiction over disputes arising between the Company and the user will be determined according to the Civil Procedure Act.
[Addendum]
These terms apply from August 30, 2024.
Last updated