Terms of Service

1. Introduction

The following Terms of Service are a contractual agreement users (collective term for “learners“ and “tutors”) and Fronty Inc. (further “we”, “the company” or “Fronty”) about the regulations of using the mobile application (further “Ziktalk” or the “app”) service or other products of the websites (further “the products”) provided by the company. By using the products of the company or completing the registration process, you are agreeing to be legally bound by the Agreement. If you do not agree with the terms in this Agreement, please click ‘Cancel’ button or stop using the product of the company. The permission of the company clearly depends on the consent of the users about the Terms of Service in this Agreement, excluding any other conditions.

2. Additional regulations

The personal information provided to the company for the purpose of using the app and the website of Fronty are treated according to the Privacy Policy of Ziktalk.com, and the content of the Privacy Policy is applied in this Agreement as well.
If the user is registered as a Tutor, the Tutor Policy Agreement is applied to the user and the content of the Tutor Policy is applied in this Agreement as well. If the user is registered as a Tutor and the conflict between the contents of this Agreement and the Tutor Policy Agreement occurs, the priority is given to the content of the Tutor Policy Agreement.

3. General Provisions

The Ziktalk App provides live video(audio included) chatting sessions for conversation practices with native speakers for the purpose of improving the foreign language conversation skills of the learners. The Learner can contact with the native speakers who provide real-time private classes and education service (called as “the Tutors” in general in the Ziktalk service). For the active promotion of live video chat sessions between the Learners and the Tutors within the Ziktalk service, the company holds the authority to utilize and host (within the app, website and SNS channels of the company) the contents, information and data provided by the users, including receiving feedbacks from users and etc.
The company holds the right to amend the regulations anytime by publishing the amendments on the app and the website. The amendment takes effect after 30 days from the published date. By using the product after the amendment went into the effect, users state their consent with the amendments. Users are advised to visit the website on regular basis and check the latest version of the Terms. Despite the content of the previous sentence in this section, the regulation amendment clause is not applied in the conflict between the users and the company before the date of amendment.
The company is authorized to cease the availability or make amendments in the app or the website.
The app service requires the usage of data service provided by wireless network providers. The wireless network provider may charge the user with the additional charges occurred by the actions related to the usage of the app and the charge for data usage. And it is agreed that the users take the full responsibility for other charges.
By accessing or using the service and the products of Fronty Inc. which includes the payment of commissions, users agree with the payment of the commissions and takes the responsibility to pay the commission and taxes related with the accessing or using the service. By providing the credit card information for the purpose of commission payment, users guarantee to posses the right to provide such information and agree to grant authority to the company to charge the cost on the provided credit card information on regular basis.
If the payment of a certain user account is not completed or is overdue, the company may utilize another collection mechanism to collect the overdue commission. In this case, charging payment using other payment methods bound to the user or requesting through lawyer and collecting agent can be also included in this clause. If certain user’s payment for the product is delayed, the user’s access to the product might be blocked.
The actions including the usage and the access to the service provided by Fronty and other actions related to the service must comply with all applicable laws and regulations, including the copyright and other intellectual property usage laws, privacy and personal information related laws etc.
It is prohibited to provide inaccurate or intentionally falsified information about the app and the website, also it is prohibited to copy, distribute, amend, reverse-engineer, damage, spoil, cut, hack or perform sabotage the app or the webstie management.
It is also prohibited to limit or include with the frame of the app and the website, impersonate another person or illegally access with another person’s account without permission. Also it is prohibited to install virus, worms, spywares, other computer codes, files or programs in order to damage or dominate the hardware, software or communication devices, as well as other features of the product and the website management. Do not access to the product or the service using the mass capturing, indexing robot or other automatized means.

4. General Exemption Provisions

The app and the website is a market place for tutors and learners. The company does not hire tutors and does not take responsibility on any kinds of interaction between tutors and learners. The company does not take responsibility on the all kinds of damage, conflicts, claims, loss, injury related to the actions or consequences based on the activities of tutors or learners, including the learner’s trust in the information provided by the tutor.
The company does not control the contents published on the website, therefore does not guarantee the credibility, validity, accuracy or veracity of the contents. Also the users while using the app and the website must comprehend that the provided content might have insulting or obscene elements which provoke displeasure from the viewers. The company does not take a responsibility to prohibit publishing such contents and does not hold any obligation about the access or usage of the provided contents within the legal boundary of applicable regulations.
The app and the website may provide the link for the third party websites directly or via lectures/instructors to users. The company does not guarantee the safety of the third party websites and do not control them in any ways. Therefore the company does not take any obligations regarding the third party websites. The user must decide if it’s appropriate to access to the third party website and take proper measures to protect the personal information from the third party websites.

5. Actions

The users may access the app and the website only for legal purpose. The users must be aware about the laws, regulations and rules of the service and take full responsibility about the compliance. The users agree not to use the app, the website or the contents of the company to hire tutors or potential users by recruiting, requesting etc. and to proceed the business contract not based on the written approval of the company, and in the case of its violation, the company may defer the access right of the user at the company’s own discretion. The users agree that the meeting or the contact between the user and the tutors or between the users might cause the different kinds of dangers.

6. Specific obligations of tutors

The user who teach learners by providing conversation lessons on the live video chat are defined as the ‘tutors’, and the tutors must declare, guarantee and promise to be subjected to the following terms.

  • Tutors may work under the permission of the company, and the permit is given upon the decision of the company.
  • Tutors do not claim ownership of the submitted or published contents and agree to grant the non-monopolistic license without royalty to the app and the service provided by the company. And tutors agree that the company may use or utilize the contents submitted or published by tutors via Ziktalk app and related service.
  • Tutors possess necessary capacity, qualifications and professional skills to teach and provide service via the app and the website, including related education, training, knowledge, techniques etc.
  • Tutors must not upload inappropriate, aggressive, racist, discriminative, obscene, indecent, false, mistaken, abusive, defamatory or denigrating contents.
  • Tutors must not upload, publish or send unrequested or unauthorized advertisement, promotional contents, junk mails, spam mails or other kinds of (commercial etc.) requests or related contents.
  • Tutors do not utilize the app and the website for other business purpose than providing the educational contents required for one-on-one conversational lessons to the learners.
  • Tutors cannot upload and use the video clips, sound sources, contents and other kinds of products protected by the copyright.
  • The company does not participate in the activity which requires to acquire a license or to pay a royalty etc. for the tutor’s activity.
  • Tutors must not copy, amend or publish the contents and the products of the app and the website, except for the contents and the products allowed to be used within the app and the website. The full responsibility for the violation of this clause lies on the tutors.
  • Tutors do not prohibit or interrupt other tutors to provide personal conversation lessons or contents.
  • Tutors must keep the tutor registration and account information to its latest status and the registration and account information must be accurate and veracious.
  • Response and feedback to the learner who requires the conversational lessons and guarantee the quality of the conversational service to meet the standard of the educational service.
  • Tutor must be 18 years old and higher, if the tutor’s age is between 13 to 17 years old, the parents or the legal guardian of the tutor (who is the third party) must concord with the general terms and the tutoring conditions, and are assumed to carry out the responsibilities and duties of the performance and the compliance with regulations.

7. Specific obligations of the learners using the app and the website

The users registered in the app or the website for the conversation lessons and searching or participating in the lessons provided by the tutors are defined as ‘the learners’; and the learners declare, guarantee and promise to be subjected to the following additional terms of service.

  • The users have read and understood the price information (confer the price section below) before using the live video chat (including other paid services) and agrees to comply with the regulations.
  • The learners must be 18 years old and higher; and if not, the user may use the product under the participation, guidance and permission of the parents or the legal guardian. A child under 13 years old is not eligible to register the account, book or purchase lessons.
  • The learners must not upload, publish or send unrequested or unauthorized advertisement, promotional contents, junk mails, spam mails, chain letters, multilevel marketing advertisements or other kinds of (commercial etc.).
  • The learners must not upload inappropriate, aggressive, racist, discriminative, obscene, indecent, false, mistaken, abusive, defamatory or denigrating contents.
  • The learners must not perform reproduction, distribution, public exhibition, public fulfillment, mass communication or other derivative activities, and utilize the company contents, the products, the tutor and/or the submitted contents for the purposes other than mentioned conditions if applicable and under the permission of the corresponding tutor.
  • The learners do not reveal personal information to the tutors, and if the learner has revealed the information, the responsibility of how the information is opened and used lies on the learner, including taking appropriate measures to protect the information and etc.
  • The learners must not require personal information from the tutor or other learners.

8. Registration

In order to use the specific product, it is required to register and acquire the account, username and the password. The information provided during the registration process can be used in provision of the contents, customers service and network administration. The company takes full responsibility in maintaining the confidentiality of the account, the username and the password(“the account” in general) and other activities related to or generated by the account. The users declare and guarantee that the account information is always correct and veracious. Within the legal boundary of the applicable regulations if the written above requests are not complied or the account was illegally accessed by the other person before it was notified to the company and the user have used the account perceived or not perceived, the company does not take responsibility on the damage based on the consequences of such situations.
The account must not be transferred to other person and using other person’s account without the owner’s permit is prohibited. If the user authorizes or registers other person (including the minors) to use the account, the user takes full responsibility upon (i) the online activities happened during the access to the app and the website and using the service, (ii) the access to the app and the website of the user and the service of the website and the app (iii) the consequences based on its misusage.

9. Contents, license and authority

Software including options and sequences, technology, designs, materials, information, communication, texts, graphics, links, electronic arts, animations, artworks, illustrations, audio clips, video clips, photographs, images, reviews, ideas and other kinds of data and material or contents which are eligible to acquire the copyright are defined as ‘the contents’. The contents provided by the company and related to the app, the website and the service are defined as ‘the company contents’; and they include the app, the website etc. The contents transferred, uploaded or published by the users via the app or the website are defined as ‘the submitted contents’. The contents are the property of the providing person or organization (or affiliated company and/or the third provider and supplier) and are protected by the copyrights of the Republic of Korea and other countries, other intellectual property protection laws and other applicable regulations. And the users declare and guarantee that they hold the license, authority, permit and agreement required to grant the company with the authority about the submitted contents as above mentioned in the contract; and the company does not need to acquire license, authority/request agreement, permission from the third party to use the contents submitted according to the terms of this contract; and the company does not take the responsibility for the user or other organizations due to the consequences of using the submitted contents.
Also the users grant the license and the authority to the company to reproduce and distribute the submitted contents, accordingly authorizes and grants the license to the company to distribute and reproduce the submitted contents or use the submitted contents via the app and the website; and allows the sublicense for the same purpose to other users directly or via the third person.
Despite the above mentioned clause, the users have a right to delete the submitted contents from the website whenever they want using the feature presented by the app, the website and the service. If the user requests to delete the submitted contents the license and the authority mentioned above are terminated after 60 days from the deleted date, but the authority granted to other users before deleting the contents can be kept if there is a condition agreed by the provider of the contents about it.
The company allows the non-exclusive, non-negotiable license granting limited authority to access and use the company contents and the contents provided to the users; and the users pay the commission required to access to the contents and use the contents for solely personal, nonprofit, educational purposes, according to the conditions and the terms related to specific lectures or the product. The users are prohibited to reproduce, redistribute, transfer, allocate, sell, broadcast, lease, share, edit, make, permit and use derivative works. The license for the submitted contents and the company contents are provided to the users and are not allocated to be sold.
The users agree that the company can record the tutor introduction video and the video chat with the learners (including the video and audio data) partially or in total for the purposes of quality control, distribution, marketing, advertisement, demonstration or the management of the product and the website. And the users allow to authorize the company to use names, portraits, images or voices of the users for the provision, distribution, marketing, advertisement, demonstration and/or sales purposes; also the users agree to denounce partially and/or in total the rights of the personal information, advertisement or other rights of similar characteristics within the legally permitted range of the applicable regulations.
The company complies with the laws and regulations related to the copyright, personal information protection, defamation, contents, information and does not tolerate violations of these regulations. The company does not evaluate the submitted contents despite the clause written earlier and the users take the risk about the consequences of using the submitted contents, and the company does not take responsibility about using the submitted contents. Also not announcing or notifying about reviewing the content submitted by the website or the product means that the company supports or announces that the submitted content does not violate the copyright, the personal information protection or other related regulations and/or correct and appropriate to be used for the specific purpose. If the submitted content is considered to violate the law or regulations and/or incorrect and inappropriate and/or may cause any kinds of damage to the third person, then the use takes responsibility to take all kinds of measures to delete, amend and fix the situation. If the user supposes that the content submitted by the third person or by the company violates the copyright law or any other kinds of regulations, then the user takes the responsibility to take appropriate measures according to the copyright of corresponding country. The clauses not included in the copyright law of the corresponding country are applied under the influence of the copyright law of the Republic of Korea.
Other rights not granted according to the above mentioned conditions are held by the owner of content and such condition does not grant implied license.

Price of the paid service

        • Main definitions
          “Call price” It is the price per hour set by the tutor for the conversation lesson service. The tutor sets the call price according to the conditions provided by the company, and the tutor takes full responsibility upon the decision of the call price.
          “Basic exchange rate”
          It is the exchange rate on the system the company uses to convert foreign currency, excluding the commission or the price raise rate of the company. The exchange rate is decided considering more than one third party like the Open Exchange Rates (Exchange rate provision service) etc; and in order to prevent the change of price on daily basis, the exchange rate is decided after a set cycle (ex: monthly basis). Therefore, the basic exchange rate might be different from the exchange rate valid in a certain period, when the foreign currency was converted.
        • Payment
          The learners must make the payment for the required amount before beginning the session according to the price published on the app or the website. The payment for the expenses required for learners to excess the service via the app or the website are conducted via payment systems of other companies (Paypal, credit card payment system etc.). All conditions for using the payment systems are applied according to the relevant contract of the payment systems of other company.
          “The purchase price” is the price actually paid by the learner for the paid service. If the payment currency is different from the basic currency due to the learner’s nationality, location etc.; the purchase price is decided based on the basic currency and cost adjustment factors.
        • Taxation
          European Union (EU)If the user belongs to the EU country, value added tax(VAT) is imposed to the purchase price for the service according to related laws. Fronty collects and transfers the VAT to the taxation department in charge of the service for the payment from the users of EU. Fronty may raise the price to cover the VAT expense according to the own decision and take responsibility for corresponding accounts. In order to protect Fronty from the loss brought by claims and the penalty of the taxation department and/or interests caused by the underpayment of VAT; the users compensate the corresponding amount.
        • Other countries
          In other countries outside the EU, the users should pay tax to the corresponding taxation department for the payment made by using the service (the taxation department may differ in the residential location). Fronty cannot provide advice about the taxation, therefore the user should directly make inquiry to the taxation officers.
        • Call time calculation
          The company limits the call price per minute based on the hourly wage set by the tutor to the hundredth digit after the decimal point.
          In order to calculate the call time, the call time is counted on the minute basis. For example, 70 seconds are considered as a 1 minute, 150 seconds are 2 minutes.
          Call time cost per session is calculated according to the formula: call time(minutes) X price per minute of the correspondent tutor and the cost is calculated to the hundredth digit after the decimal point.
        • Foreign currency
          The app service of the company sets the basic sales currency according to the geographical location of the user. Foreign currency conversion of each country is conducted according to the exchange rate of foreign currency. This rate means the amount in one currency needs to be paid to buy the corresponding amount in another currency in given moment of the time. For example, if US$125.00 is required in order to buy €100.00, then the currency exchange rate of US dollar to Euro is 1.25, and The rate of Euro to US dollar is 0.8. The currency exchange rate might be changed frequently.
        • Refund
          After making the payment through the website the user may request refund only within 15 days after the purchase and get refund for the requested amount (transfer commission is covered by the user). If the learner is not satisfied about the paid service and requested for the refund within 3 days after using the service, the company can refund for the call time when the problem has occurred within the range mentioned in the refund clause (transfer commission is covered by the user). If the user recognizes that the tutor uses the app and the website for other purpose than the initial purpose of the service, the user agrees to take appropriate measure immediately. If the company decides that the user is abusing the refund policy of the company, the company may block or close the account of the correspondent user, and limit or reject the user’s right to use the products in present or future times without taking any responsibility about the user.
          Tutor agrees that the learner has the right to get refunds as written in this section. Also the tutor agrees that when the tutor requests the payout of the profit made using the app and the website, the company transfers the profit excluding the refunded amount.

10. Trademark

The trademark, the logo and the service brand (“Trademark” in general) used in the app, the website or the company contents are the registered and/or not registered trademark of the company or the provider or the third party and are protected by the trademark laws of the Republic of Korea and other countries. All trademark rights are protected, and the user cannot modify or make it ambiguous and link the trademark without prior approval of the company.

11. Warranty disclaimer clause

The company contents, submitted contents, recorded educational videos and other contents are provided “as it is”, without any kinds of warranties within the permitted range of applicable laws and regulations, accordingly the company denies to elucidate or imply such warranties, including commercial warranties, suitability/non-aggression/exactitude to specific purpose, freedom from errors, suitability or fusibility of the contents etc.

12. Responsibility limit

Within the maximum range permitted by the applicable law and regulations contracting parties do not bear responsibilities according to the responsibility theory presented below, including the legal responsibility on the contract and/or law violation, negligence or loss etc. However, in this case the loss that can be predicted when the contract conditions are agreed is excluded. Accordingly the legal responsibility of the company is limited to the provided amount related to using the app and the website in which the legal responsibility is occurred. This article 12 does not limit or exclude the responsibility of the contracting subject related to the other responsibilities that cannot be limited or excluded by the law and/or the personal damage caused by fraud, death or negligence.

13. Compensation

Accordingly the user holds and guarantees compensation, protection and innoxiousness to the company and affiliate companies, officers in charge, managers, agents, partners, employees, license acquisitors, representatives and the third party providers regarding the lawyer’s fee with other charges and expenses occurred due to violation of declaration/warranty, requests and claims, expenses, damages, charges, loss in the range of rational prediction.
The company holds the right to assume the monopolistic protection and control over the problems using own funds, and if not the user’s compensation is considered as the condition. In this case the user agrees to cooperate in order to acquire and strengthen rationally required protections and all kinds of possible protections.

14. Termination

If the user violates the Terms of service or the policy published on the website, the company may terminate the user’s right to use the app and the website anytime. The company may terminate the provision of the service of or the contents of the app and the website (In case of tutors, the company may terminate the authority to tutor within the app and the website.). The user can terminate the usage of the app and/or the website by discontinuing the access or by making inquiry to the help@ziktalk.com. The company does not hold the responsibility to keep the submitted contents or the user’s account for the term of time different from the period mentioned in the relevant laws and regulations. By terminating the user ceases all kinds of operation, usage and access to the app, the website, the service and the contents. The payment, the authority, the declaration and the warranty collected based on the articles 4, 5, 10~15 are valid even after the termination.

15. Electronic notification

By using the product or communicating with the company the user agrees to communicate on electronic means with the company to discuss about the security, privacy protection and management problems related with using the product and the terms of service. When the company notices the security problem, the notification about it is published via the product or the notification e-mail is sent to the users to notify using electronic means. The user has a legal right to receive such notifications in written form. In order to receive free notifications about the security problem in written form (or to withdraw the agreement of receiving the electronic notification) address to the company on help@ziktalk.com.

16. Other conditions

1. Entire Agreement Clause. The terms of service and the other policies published in the website and applied to the users represent complete agreement of the contracting parties toward the subjects of the document, which is prior to any other written or spoken consents between the concerned parties about the same subject.
2. Separation Possibility Clause. If any clause in this Terms of service is illegal, invalid or impossible to perform, the clause is considered to be separable from the conditions and does not impact on the fulfillment and the validity of other conditions.
3. The relinquishment of rights. The clauses of the Terms can be relinquished only by the legal documents executed by the concerned party qualified to receive the benefits of the correspondent clause. The failure of the company to perform and/or fulfill the clause or the authority mentioned in this Terms of service does not mean the relinquishment of the correspondent right or clause.
4. Notification. The notification and other communication is processed in written forms and sent via faxes, registered mails with postal charges paid beforehand or mails with warranty on requesting delivery receipt, e-mails.
5. The absence of agents. The concerned party is not interpreted as a partner, a joint company, an employer, a contractor or an employee of another party in any clauses of the Terms. The company and all concerned parties of the Terms, if not mentioned here or permitted by the concerned parties in written forms, does not hold an authority to perform or make any kinds of activities with legal binding force to other party, declarations, statements or promises; and resist to the third person who tries to perform such actions.