Brilliant and Company Terms of Service Ver. 1.0

Thank you for using our services and products. The following comprehensive terms of service (the “Terms of Service”) apply to all Brilcom services provided by Brilliant and Company Co., Ltd. (“Brilcom” or “Company”) in order to provide you with more accessible and user-friendly services. Brilcom provides diverse Internet and mobile-based services (applications). The Terms of Service will help you with your use of the Services, so please read them carefully.

Various Brilcom Services are available to you. 
 
Brilcom offers many kinds of Services that you can enjoy on the Internet or through your mobile devices, such as a social networking service, bulletin board system service, online contents service, and location-based service. You may use Services by downloading a software application from your smartphone application store. Please feel free to view the detailed instructions for use of each Service that will be made available through the application store, the Q&A for each Service, and the applicable guidelines and notifications.

 

Brilcom hereby grants you a personal, worldwide, non-assignable, non-exclusive license necessary for your use of Services. However, please be reminded that Brilcom does not grant you a right to use the trademarks, service marks, logos, branding or names, sublicence.

To improve the level of Services, Brilcom may update the software required for use of Services. Brilcom may add important functionalities or remove insignificant functionalities through such software updates. Please update your software regularly so that you can fully enjoy Services possible.

 

To provide you with a better service, Brilcom may send you various notifications, messages and other advertising materials and information related to your use of Services by notifying you directly in the Services or by sending an email to you. If you encounter any errors in the system while using the Services, please contact the Customer Centre.

 

If you choose to connect to a 4G/LTE network provided by your carrier when using Brilcom Services, please note that you may be charged additional data fees by your carrier. You’ll be responsible for any additional data charges incurred when using Brilcom Services. Please contact your carrier for further inquiries regarding your data plans.

You may use a Brilcom account. 
 
A Brilcom Account is a login account which is needed for you to be able to use Services. An account may be mandatory for use of some Services. You may create your own Brilcom Account once you agree to the Terms and Conditions, register information required to create a Brilcom Account, and obtain approval from Brilcom after it verifies the information you have provided.

Brilcom may not approve of your account creation if: (i) Brilcom deleted your Brilcom account in the past in accordance with this Terms and Conditions, (ii) you have attempted to create a Brilcom account using a third party’s name, email address or other personal information, or (iii) you fail to provide the required information or provide false information during the Brilcom account creation process. Especially, if you are under 14 years of age, your parent or legal guardian’s consent must be obtained to create your Brilcom account. If it is found that you have created your Brilcom account in breach of the foregoing terms and conditions, Brilcom may suspend your use of Services or delete your Brilcom account immediately. 

Your Brilcom account is personal to you and non-transferable, and you may not permit any third party to use your Brilcom account. You are responsible for safeguarding the password that you use to access Services to prevent any improper use of your Brilcom account without your consent. The Company may require you to enter a password and go through an additional user identification process to prevent others from accessing your Brilcom Account without authorization. If you become aware that your Brilcom account is being used by a third party without your consent, please contact the Customer Centre, and Brilcom will provide you with assistance to protect your Brilcom account.

 

You may review and change your information using the setting menu in the Services. However, you may not be able to change some information like your Brilcom Account, phone number, device identification number, and other user identification information required for us to provide and manage Services, and in case such information is changed, an additional user identification process may be required. If there are any changes to the information you provided at the time of joining the Services, please reflect such changes directly to Services or notify Brilcom of such changes through the Customer Centre by email. Brilcom will not be liable for any disadvantage caused by your failure to notify Brilcom of changes. 

Please pay attention to the following. 
 
For example, you may not interfere with the provision of Services or access to Services using a method other than the one provided and approved by Brilcom. Furthermore, you may not collect, use or provide to others the information of other Service users, use Services for any profit-generating activity, transmit any information that is pornographic, infringe on any third party’s copyright, post false facts about Brilcom or any third party, or otherwise violate public order, laws or good morals. You may not copy, modify, distribute, sell, transfer, lease, provide as security or permit others to use any part of Services or software included in Services without Brilcom’s consent. Besides, you may not reverse engineer, attempt to extract the software source code included in Services or copy, disassemble, reproduce or otherwise modify Services.

If you fail to comply with applicable laws, the Terms of Service and/or other policies of Brilcom, Brilcom may conduct an investigation into the non-compliance, delete or temporarily delete the relevant post, or suspend your use of Services either temporarily or permanently. Brilcom has the right to destroy or store your personal information separately if your account has been inactive for the period specified in the relevant laws. Brilcom will notify you via email or SMS before proceeding. Please note that this may result in the lack of required information and lead to the termination of the Terms of Service.

Brilcom manages posts in accordance with applicable laws. 
 
Where the postings are in breach of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter "the Act on Information and Communications Network"), the Copyright Act, and any other governing laws and/or regulations, the legitimate holder of right may request suspension and deletion of such postings, and Brilcom shall take necessary actions in accordance with applicable laws. Furthermore, even without any request from the legitimate holder of the right, Brilcom may take any tentative measures against such posting under applicable laws if there exists anything that may be deemed to constitute an infringement of a third party’s rights, and/or in breach of Brilcom’s policies and governing laws. Detailed processes related to such measures shall follow the procedures specified by the Act on Information and Communications Network and the Copyright Act.

Brilcom protects your personal information. 
 
Safe handling of your personal information is very important to us. Brilcom will use your personal information only within the purpose and scope for which your consent is given to us to ensure the seamless provision of Services. Unless otherwise required by the relevant laws and regulations or consented by you, Brilcom will never disclose your personal information to a third party. Please refer to the ‘Brilliant and Company Privacy Policy’ for information on the efforts made by Brilcom to protect your personal information.

Please don’t use life-safety or critical care services. 
 
You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. Brilcom makes no warranty or representation that use of the Products or Services, including integration with any third-party product or service, will affect or increase any level of safety. You understand that the products and services, whether standing alone or interfaced with third-party products or services, are not a third-party monitored emergency notification system – Brilcom will not dispatch emergency authorities to your home in the event of an emergency. Also, the Brilcom customer centre contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life-threatening and emergency events should be directed to the appropriate response services.

The Brilcom Services, including remote access and mobile notifications, are also not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications at any given time or all. You agree that you will not rely on the Services for any life safety or critical purposes. Mobile notifications regarding the status and alarms on your Brilcom products are provided for informational purposes only – they are not a substitute for a third-party monitored emergency notification system. The information provided by Brilcom on what to do in an emergency is based on authoritative safety sources, but there is no way for Brilcom to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation. 

There are System Requirements. 
 
Access to services is limited to those with the necessary system requirements, as published in connection with such Services. Certain Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Brilcom. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that Brilcom may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with Brilcom Products connected to the same Brilcom account, and enable certain features.

Brilcom provides a better location-based service. 
 
With an aim to provide more convenient and useful services to you, Brilcom may include location-based service in Services. The location-based service of Brilcom is a service based on your location data received from a location information provider, which collects your location data from your mobile device. More specifically, such location-based service consists of a monitoring environmental data sharing service where you may share your current location or any location with other users, map or prepare postings related thereto. Particularly, for a minor under the age of 14 who wishes to utilize location-based services that use personal location data, as Brilcom will use and provide such location data, parental or legal guardian’s prior consent is mandatory. If it is found that the location-based service was used without such consent, Brilcom may immediately suspend or place appropriate restrictions on the use of the location-based services.

You may request access to or notification of the information confirming the use and provision of your location data, or the reasons, notification and details of your personal location data provided to a third party pursuant to relevant laws and regulations. If the relevant data contains an error, you may demand correction thereof. If Brilcom provides your personal location data directly to a third party designated by you, Brilcom will promptly notify you of the third party to whom your personal location data is provided, the date, time and the purpose of such provision through your smartphone or other devices from which Brilcom has collected your personal location data pursuant to relevant laws and regulations.

 

If a dispute arises between Brilcom and you in connection with the location data, and if such dispute is not amicably settled, in accordance with Article 28 Section 2 of the Act on the Protection, Use, Etc. of Location Information, and Article 43 of the Personal Information Protection Act, you may submit a request for mediation to the Personal Information Dispute Mediation Committee.

Services may be suspended occasionally. 
 
Brilcom strives to provide Services 24 hours a day, 365 days a year without interruption. However, as a result of a regular or temporary inspection of the equipment for maintenance or repair or due to other unavoidable causes, Services may temporarily be suspended. In such case, we will provide a prior notice to you within the relevant Service. If Services are suspended due to causes not foreseen by Brilcom, Brilcom will notify you thereof immediately after Brilcom determines the causes for the relevant suspension. You agree that you will not be entitled to any refund or rebate for such suspensions. Brilcom does not offer any specific uptime guarantee for the Services.

You may elect to deactivate your account. 
 
If you wish not to use Services any longer, you may, at any time, request for the termination of the Terms of Service by using the menu provided in Services. In such case, Brilcom will take actions accordingly in a swift manner as required under relevant laws and regulations.

 

Upon the termination of the Terms of Service, unless we are required to preserve your information under applicable law and/or the Brilliant and Company Privacy Policy, your information and any and all data provided by you, such as your postings and other content or data, will be deleted; provided, however, that, if your posting is scrapped by a third party or posted using another sharing function or If your data is shared other contents or if you have added comments to a third party’s posting, such posting or comment may not be deleted to the extent necessary to provide Services to the other users.

 

Furthermore, you may elect to terminate only certain Services among other Brilcom Services. In such case, only the data related to the terminated Services will be deleted, and your Brilcom account will not be deleted for your use of the remaining Services.

 

Even if your service agreement is terminated, you may sign up for Brilcom Services again. However, if your previous service agreement had been terminated due to the restriction of your access to Services following your violation of related laws or Brilcom’s Terms and policies, you may be subject to the minimum wait period or other restrictions when you sign up for any Brilcom Service again.

Warranty Disclaimer. 
 
In providing Services, Brilcom exercises reasonable skill and due care in helping you enjoy Services to their fullest extent possible. Brilcom does not guarantee or promise any specific level of air cleanliness or any health benefits from the use of the Products or Services or any feature of them, including following any guidance provided by the Services. Brilcom, to the extent permissible by law, accepts no liability regarding your actions based on the information provided by the Services, and makes no warranties and representation about the applicability of such information or guidance to your specific needs. Any health questions regarding the information and guidance provided should be directed to a medical doctor.

 

To the extent permitted by applicable law, Brilcom expressly disclaims all promises or warranties of any kind regarding matters not set forth in the Terms of Service. For example, Brilcom disclaims all promises or warranties relating to the function or availability of content or service included in Services, and Services are provided on an “AS IS” basis.

Brilcom will take responsibility for its negligence. 
 
Brilcom desires that you happy and benefit from your use of Services, and if any damages result from Brilcom’s negligence, Brilcom will compensate you for such damage in accordance with applicable law.

 

Notwithstanding the foregoing, Brilcom will not be liable for any (i) personal injury resulting from your access to or use of Services, (ii) damage resulting from unauthorized access to or use of the Brilcom servers by a third party, (iii) damage resulting from any interruption or cessation of transmission to or from Services caused by a third party, (iv) damage resulting from transmission of bugs, viruses, adware, spyware, worms or other malicious code by any third party, (v) damage resulting from the omission or destruction of data transmitted, or (vi) damage incurred by you during the course of the use of Services by any third party without Brilcom's fault, including, but not limited to, defamatory injury. Moreover, to the extent permitted by applicable law, Brilcom will not be liable for lost profits, revenues or data, financial losses or any indirect, incidental, punitive, special, consequential or exemplary damages.

The Terms of Service are subject to change. 
 
In order to reflect changes to applicable law or changes to Services, among other reasons, Brilcom may revise the Terms of Service, the instructions for use of each Service through the Q&A, other applicable guidelines and notifications. In the event of a change to the Terms of Service, Brilcom will post a notification thereof on the Notices page of Brilcom Services, and the revised Terms of Service will become effective 15 days after the posting of such notification.

 

However, if the revised Terms of Service may affect you adversely, Brilcom will give you a reasonable 30 day prior notice thereof by sending you an email or an SMS to the email address or phone number you use as a Brilcom Account an alarm message.

 

Brilcom will receive your comments on the revised Terms of Service for a period from the date of the posting of such notice of the proposed revision until the effective date of the revised Terms of Services. Your failure to provide your comments within such period will be deemed as your consent to the revised Terms of Service. Unfortunately, if you do not consent to the revised Terms of Service, Brilcom will be unable to provide Services to you.

General 
 
Your comments and suggestions are highly appreciated. You may, at any time, visit the Brilcom Customer Centre and leave your comments and suggestions. Brilcom will send you various news and announcements by sending an email or an SMS to the email address or phone number you use as a Brilcom Account, an alarm message, etc. Announcements applicable to all users of Services will become effective after being posted on the Notices page of Brilcom Services for at least 7 days.

 

The Terms of Service apply to the relationship between Brilcom and you only, and no third party will be entitled to any benefits under the Terms of Service.

 

If you fail to comply with the Terms of Service, Brilcom’s failure to exercise or enforce any right or provision of this Terms of Service right away will not be considered a waiver of such right or provision. If any provision of the Terms of Service is held to be invalid or unenforceable, such provision will have no effect on the remaining provisions of the Terms of Service.

 

This Terms of Service and Services are governed by the laws of the Republic of Korea (“Korea”).

Special Note for International Users: Brilcom controls and operates Services from its headquarter in Korea. If you use Services outside Korea, you are responsible for following applicable local laws. By using our Services, you understand and agree that your information may be transferred to our facilities and those third parties with whom we share it as described in our Privacy Policy.

 

Date of Announcement: JUL 27, 2018

Date of Implementation: AUG 01, 2018 
 
If you have any inquiries on Services (including location-based services), please feel free to visit or contact our Customer Service.

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H-1 #912D, 5 Hwarang-ro 14-gil, Seongbuk-gu, Seoul, 02792, Rep. of Korea

​cs@brilcom.com, +82-02-6959-5538

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