ShareWBS

Terms of Service

This document is a draft. It must be finalised after legal review, and the bracketed items must be replaced with actual values.

Article 1 (Purpose)

These Terms set out the rights, obligations and responsibilities between [Company] (the "Company") and users in connection with the ShareWBS service.

Article 2 (Definitions)

  • "Service" means the work-record collection and statistics service provided by the Company.
  • "User" means a Member or a Recorded Person who uses the Service under these Terms.
  • "Member" means a party that registers, receives a company code and operates the Service.
  • "Recorded Person" means a person who uses a computer with the Agent installed and whose work records are collected.
  • "Agent" means the program installed on a recorded computer that collects work records.
  • "Company code" means the code issued by the Company to identify a Member.

Article 3 (Posting and Amendment of Terms)

The Company posts these Terms, together with its trade name, address, representative, business registration number and contact details, where users can readily read them.

The Company may amend these Terms within the limits of the Act on the Regulation of Terms and Conditions, the Network Act and other applicable law.

An amendment is announced with its effective date and reason, alongside the current Terms, at least 7 days in advance, or 30 days in advance with individual notice where the change is unfavourable to users.

Where the Company has clearly stated that failing to object by the effective date will be taken as agreement, a user who does not object is deemed to have agreed. A user who does not agree may terminate the agreement.

Article 4 (Formation of the Agreement)

The agreement is formed when a user accepts these Terms, applies for registration and the Company approves that application.

The Company may refuse or withhold approval where the applicant has used another person's identity, entered false information, or previously had access restricted for breach of these Terms.

Article 5 (Member Information and Notices)

A Member must promptly update the information provided at registration when it changes, and bears any disadvantage arising from a failure to do so.

A Member is responsible for their account and password and must not allow a third party to use them. On learning of unauthorised use, the Member must notify the Company immediately and follow its instructions.

The Company may give notice to the email address a user has registered. Notice to users generally may be given by posting on the Service.

Article 6 (Termination and Restriction of Use)

A user may request termination at any time, and the Company processes it without delay as required by law.

The Company may restrict use or terminate the agreement, after prior notice, where a user breaches these Terms or interferes with the operation of the Service. Where the matter is urgent, the Company may act first and give notice afterwards.

Article 7 (Agent Installation and Consent of Recorded Persons)

Before installing the Agent, a Member must obtain consent from each Recorded Person to the collection and use of their work records. The Company provides the Service on the premise that such consent is in place, and the Member bears any dispute or liability arising from a failure to obtain it.

The Member is responsible for completing the procedures required by applicable law, including consultation on the installation of employee monitoring equipment under Article 20 of the Act on the Promotion of Worker Participation and Cooperation.

A Recorded Person may read their own work records on the same screens as the Member.

A Member must not use the collected work records beyond the scope of the consent obtained.

Article 8 (Provision and Modification of the Service)

The Company provides statistics on computer usage, applications used, file usage, activity logs, network traffic, performance scores and screen captures.

The Company may modify the Service and announces the change and its effective date in advance, or 30 days in advance where the change is unfavourable to users.

Article 9 (Suspension of the Service)

The Company may suspend the Service temporarily for maintenance, repair or replacement of equipment, loss of communications, natural disaster or similar unavoidable causes, with advance notice, or prompt notice afterwards where advance notice is not practicable.

Article 10 (Obligations of the Company)

The Company will not engage in acts prohibited by applicable law or these Terms and will endeavour to provide the Service reliably.

The Company processes and protects personal data in accordance with its Privacy Policy.

Where the Company finds a user's complaint justified, it will address the matter and notify the outcome.

Article 11 (Obligations of Users)

  • Users must not misappropriate another person's information or register false information.
  • Users must not reproduce, distribute or supply information obtained through the Service without the Company's prior consent.
  • Users must not interfere with the operation of the Service or place undue load on its facilities.
  • Users must not use work records beyond the scope of the Recorded Person's consent.
  • Users must comply with applicable law, these Terms and the Company's announcements.

Article 12 (Protection of Personal Data)

The Company endeavours to protect users' personal data as required by law. Processing is governed by the separately published Privacy Policy.

Article 13 (Copyright and Use Restrictions)

Copyright and other intellectual property rights in works created by the Company belong to the Company.

Users must not reproduce, transmit, publish, distribute or broadcast information in which the Company holds intellectual property rights for commercial purposes, or allow a third party to do so, without the Company's prior consent.

Rights in the work records collected by a user, and in the statistics derived from them, belong to that user.

Article 14 (Limitation of Liability)

The Company is not liable where it cannot provide the Service due to force majeure.

The Company is not liable for service failures attributable to the user.

The Company is not liable for the judgments a user makes on the basis of the statistics, nor for their consequences. In particular, the performance score is reference material, and the lawfulness and appropriateness of any personnel action taken on that basis rest with the Member.

Article 15 (Dispute Resolution and Jurisdiction)

The Company and users will make every effort to resolve disputes amicably.

Any lawsuit that cannot be resolved by agreement shall be brought before the court having jurisdiction over the user's address at the time of filing, under the Civil Procedure Act, and the governing law shall be the law of the Republic of Korea.

Addendum

These Terms take effect on [effective date].