Terms of Service

DRAFT — pending legal review. Not yet legally binding.

Pulse Terms of Service

  • Effective date: [Effective date: ____]
  • Notice date: [Notice date: ____]

This is an English-language adaptation of Pulse's Korean Terms of Service, provided for convenience. These Terms govern the rights, obligations, and responsibilities between you (the "Member") and the Company. Please read Article 8 (rPPG Measurement Feature and Its Limitations), Article 13 (Disclaimers), Article 14 (Limitation of Liability), and Article 15 (Governing Law and Dispute Resolution) carefully, as they materially affect your rights. In the event of any conflict between this English version and the Korean version, the Korean version controls to the extent permitted by law.


Article 1 (Purpose)

These Terms of Service (the "Terms") establish the basic matters governing the rights, obligations, and responsibilities between Hai Inc. (the "Company") and the Member, as well as the conditions and procedures for using Pulse and all related services (collectively, the "Service") provided by the Company.

Article 2 (Definitions)

The terms used in these Terms are defined as follows:

  1. "Service" means all services provided through the Pulse mobile application, website, and any other platform or service offered by the Company.
  2. "Member" means a person who has agreed to these Terms, entered into a service agreement with the Company, and uses the Service.
  3. "Content" means all text, photos, video, audio, profile information, messages, and other materials posted or shared within the Service.
  4. "rPPG" (remote photoplethysmography) means the technology that estimates biological signals such as heart rate and heart-rate variability (HRV) on a contactless basis from facial video captured by the device camera.
  5. "Paid Service" means the various digital content and services that the Company provides for a fee.
  6. "Posting" means Content posted by a Member while using the Service.

Any term not defined in these Terms shall be interpreted in accordance with applicable laws and ordinary commercial practice.

Article 3 (Posting and Amendment of the Terms)

  1. The Company shall post the contents of these Terms on the initial screen of the Service or on a linked screen so that Members can easily review them.
  2. The Company may amend these Terms to the extent that such amendment does not violate applicable laws, including the Act on the Regulation of Terms and Conditions, the Act on the Consumer Protection in Electronic Commerce, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Personal Information Protection Act.
  3. When the Company amends these Terms, it shall announce the amendment within the Service at least seven (7) days before the effective date, specifying the effective date and the reason for the amendment. However, for changes that are disadvantageous to Members or material in nature, the Company shall announce them at least thirty (30) days before the effective date and shall additionally notify Members through electronic means such as the email address they registered or in-app push notifications.
  4. If the Company, when announcing the amended Terms under Paragraph 3, has clearly stated that a Member's failure to express refusal by the effective date will be deemed acceptance, and the Member does not expressly refuse, the Member shall be deemed to have agreed to the amended Terms.
  5. If a Member does not agree to the amended Terms, the Company may not apply the amended Terms, and the Member may terminate the service agreement.

Article 4 (Formation of the Agreement and Membership Eligibility)

  1. The service agreement is formed when a person who wishes to become a Member (the "Applicant") agrees to these Terms and the Privacy Policy, applies for registration in accordance with the procedures established by the Company, and the Company accepts the application.
  2. The Applicant must satisfy all of the following, and by using the Service the Applicant represents and warrants that:
    • The Applicant is at least 18 years of age — or at least 19 (만 19세 이상) where located in Korea, or older where applicable local law sets a higher minimum age for a dating service;
    • The Applicant has the legal capacity to enter into a binding agreement with the Company;
    • The Applicant has no record of having been punished for any crime that could threaten the safety of the Applicant or others, such as violent crimes or sex offenses;
    • The Applicant is not a person who is prohibited or restricted from using the Service under applicable laws or these Terms; and
    • The Applicant does not hold another duplicate account belonging to the same person.
  3. The Company may decline to accept, or may subsequently terminate the service agreement for, an application that falls under any of the following:
    • Where the Applicant has previously lost membership status under these Terms (except where the Company has consented to re-registration);
    • Where the Applicant has entered false information, such as by misappropriating another person's name or information, or has failed to enter information requested by the Company;
    • Where the Applicant is under the applicable minimum age (18, or 19 in Korea / 만 19세 미만, or higher where local law requires);
    • Where the Applicant intends to use the Service for an improper purpose or for commercial gain; or
    • Where the application otherwise violates applicable laws or contravenes the standards established by the Company.
  4. A Member must promptly update any change to the information registered at the time of sign-up. The Company is not responsible for any disadvantage arising from a Member's failure to do so.

Article 5 (Obligations of the Member)

A Member shall comply with the following:

  1. Comply with applicable laws, the provisions of these Terms, the usage guidelines, and the precautions announced by the Company in connection with the Service;
  2. Not transfer, give, lend, or pledge as security the right to use the Service or the account to a third party without the Company's express consent;
  3. Securely manage account information and passwords, and not allow any third party to use them;
  4. Treat other Members with respect and courtesy, both within and outside the Service;
  5. Maintain a respectful attitude when communicating with the Company's customer-support staff and employees; and
  6. Use the most recent version of the application where practicable.

Article 6 (Prohibited Acts)

A Member shall not engage in any of the following acts:

  1. Misrepresenting one's identity, age, occupation, qualifications, or relationship with others, or impersonating another person;
  2. Reproducing, distributing, promoting, or commercially exploiting information obtained through the Company's service information without the Company's prior consent;
  3. Harassing, ostracizing, stalking, threatening, assaulting, defaming, or otherwise unfairly treating another Member;
  4. Demanding money or valuables from another Member in the form of gifts, loans, or compensation, or using the Service for fraud, multi-level marketing, or similar schemes;
  5. Distributing or posting obscene or violent information, or information contrary to public order and morals, to others;
  6. Using the Service for illegal purposes such as prostitution or the arrangement of "sponsor" relationships;
  7. Infringing the intellectual property rights, portrait rights, personal information, or other rights of the Company or any third party;
  8. Improperly displaying or requesting one's own or another person's personal contact details or account/payment information (name, address, phone number, email, URL, credit/debit card information, etc.);
  9. Accessing, collecting, or reproducing the Service or Content through automated means such as robots, crawlers, or scraping, or otherwise interfering with the normal operation of the Service;
  10. Modifying, adapting, reverse-engineering, decompiling, or disassembling the Service or any part of it, or causing a third party to do so, without the Company's prior written consent;
  11. Uploading viruses or other malicious code, or impairing the security of the Service;
  12. Forging or manipulating rPPG measurement results, or circumventing or abusing the measurement feature; or
  13. Any other act that violates applicable laws or these Terms.

If a Member engages in any of the foregoing acts, the right to use the Service granted under these Terms may be automatically revoked.

Article 7 (Content)

7-1. Member Content

  1. A Member bears sole responsibility for any Content the Member posts or shares within the Service ("Member Content").
  2. The Member represents and warrants that the information the Member provides is accurate and that the Member holds the lawful rights and authority to post and share such Content.
  3. By posting Member Content, the Member grants the Company a non-exclusive, worldwide, royalty-free license to use, store, reproduce, modify, publicly transmit, display, and distribute such Content to the extent necessary to provide, operate, promote, and improve the Service. This license terminates when the Member deletes the Content or the service agreement ends; provided, however, that the Company may retain backup copies for a reasonable period, and this does not apply to Content already stored or shared by other Members.
  4. If the Company determines that Member Content violates these Terms or applicable laws, it may delete, make private, or restrict access to such Content without prior notice. However, the Company assumes no obligation to monitor or review all Content.

7-2. Other Members' Content

Content posted by other Members belongs to those Members, and a Member may not reproduce, collect, or use such Content beyond the scope consistent with the purpose of the Service. The Company is not responsible for the accuracy or reliability of other Members' Content.

7-3. Company Content

Intellectual property rights in the Content provided by the Company — including trademarks, logos, designs, text, graphics, and software included in the Service — belong to the Company. A Member may use such Content only in accordance with the conditions established by the Company, and may not reproduce, distribute, or create derivative works from it without the Company's prior written consent.

Article 8 (rPPG Measurement Feature and Its Limitations)

  1. The Service may use rPPG technology to estimate biological signals such as heart rate and heart-rate variability (HRV) from facial video captured by the device camera, and may, on that basis, provide information about a Member's reactions or level of interest for entertainment and social purposes.
  2. The rPPG measurement results and any information derived from them are not intended for medical diagnosis, examination, treatment, or prevention, and do not constitute a medical device or a medical practice. A Member must not use the measurement results as a basis for diagnosing a health condition or making a medical judgment, and must consult a medical professional for any health-related matters.
  3. The heart-rate, affinity, and matching-related indicators estimated and provided through rPPG may be affected by various factors such as lighting, camera performance, movement, skin condition, and network environment, and the Company does not warrant the accuracy, completeness, or reliability of the measurement results.
  4. For rPPG measurement, the Company processes facial video and biological signals (health-related information), which constitute sensitive information under the Personal Information Protection Act. The specifics of how such information is processed are governed by the Company's Privacy Policy and a separate consent regarding the processing of sensitive information.
  5. A Member must not decide whether to meet or form a relationship with another person based solely on the rPPG measurement results or the matching/recommendation results derived from them, and must exercise his or her own careful judgment and take safety precautions with respect to all interactions.

Article 9 (Paid Services and Payment)

  1. The Company may provide part of the Service as a Paid Service. The types, prices, and conditions of use of Paid Services shall be posted on the relevant service screen.
  2. A Member may purchase Paid Services through the payment methods provided by the Company (app-market payment, credit card, other payment intermediation, etc.). For purchases made through external payment methods such as the Apple App Store or Google Play, the terms and policies of the relevant operator also apply.
  3. A subscription-type Paid Service automatically renews each billing cycle until the Member cancels, and is charged at the price the Member agreed to. For purchases made through an external payment method, the Member must cancel directly in accordance with the procedures of the relevant operator (e.g., Apple, Google).

Article 10 (Withdrawal of Subscription and Refunds)

  1. A Member may withdraw a subscription within seven (7) days from the date of payment for a Paid Service or the date it becomes available, in accordance with applicable laws such as the Act on the Consumer Protection in Electronic Commerce.
  2. However, withdrawal of a subscription may be restricted in the following cases, in which event the Company shall indicate that withdrawal is restricted or take measures such as offering a trial product:
    • Digital content (such as virtual goods) that the Member has already used or partially consumed; and
    • Services individually provided according to the Member's order, where withdrawal would be expected to cause irrecoverable and material harm to the Company.
  3. The specific procedures and standards for withdrawal and refunds shall follow applicable laws and the refund policy separately established and posted by the Company.

Article 11 (Termination of the Agreement and Restriction of Use)

  1. A Member may terminate the service agreement at any time by requesting account deletion through the settings menu within the Service. However, subscriptions made through external payment methods must be canceled separately to prevent further charges.
  2. If a Member violates these Terms or interferes with the normal operation of the Service, the Company may, after prior notice (or after-the-fact notice in urgent or serious cases), warn the Member, suspend the Member temporarily, permanently suspend use, or terminate the service agreement.
  3. Where necessary to protect a Member's safety or personal information, the Company may decline to share information related to account sanctions with the Member.
  4. Even if the service agreement is terminated, Content posted by a Member that other Members have already stored or shared may not be deleted. The Member's personal information shall be processed in accordance with the Company's Privacy Policy.

Article 12 (No Identity Verification and Safety)

  1. The Company does not perform criminal-background checks or identity verification on Members, and makes no warranty whatsoever as to the conduct, identity, health, intentions, or truthfulness of any Member.
  2. A Member bears sole responsibility for all interactions with other Members. In particular, when deciding to communicate outside the Service or to meet in person, the Member must exercise caution and take appropriate safety precautions.
  3. While the Company strives to provide a safe service environment, it is not responsible for disputes or damages arising between Members or between a Member and a third party.

Article 13 (Disclaimers)

  1. The Company is exempt from liability where it is unable to provide the Service due to a natural disaster, war, suspension of service by a telecommunications carrier, an irresolvable technical defect, or other force majeure.
  2. The Company is not responsible for any disruption to, or damage arising from, the use of the Service caused by reasons attributable to the Member.
  3. The Company is not responsible for a Member's failure to achieve the matches, affinity, relationships, or other results the Member expected from using the Service.
  4. The Company is not responsible for the reliability or accuracy of Content posted by Members or information exchanged among Members.
  5. The Company does not warrant the accuracy or reliability of rPPG measurement results as set out in Article 8, and is not responsible for any damage arising from a Member's use of the measurement results for medical or clinical purposes or from a judgment made in reliance on the measurement results.

Article 14 (Limitation of Liability)

  1. To the maximum extent permitted by applicable law, the Company is not liable for indirect, special, consequential, or punitive damages.
  2. Except in cases of the Company's willful misconduct or gross negligence, the Company's total liability to a Member for damages in connection with a Paid Service shall not exceed the usage fees the Member paid to the Company during the [12] months immediately preceding the occurrence of the damage.
  3. This Article does not apply to any liability that cannot be limited under applicable law.

Article 15 (Governing Law and Dispute Resolution)

  1. Any litigation between the Company and a Member shall be governed by the laws of the Republic of Korea.
  2. Any dispute arising between the Company and a Member in connection with use of the Service shall be brought before the court with jurisdiction under the Civil Procedure Act.
  3. In the event of a dispute between the Company and a Member, both parties shall consult in good faith for the prompt and amicable resolution of the dispute. If no agreement is reached, the Member may apply for mediation to a dispute-resolution body such as the Electronic Transactions Dispute Mediation Committee under the Framework Act on Electronic Documents and Transactions or the Korea Consumer Agency.

Article 16 (Protection of Personal Information)

The Company protects Members' personal information in accordance with applicable laws and the Company's Privacy Policy. The specifics of the processing of personal information are set out in a separate Privacy Policy.

Article 17 (Notices to Members)

  1. When the Company gives notice to a Member, it may do so through electronic means such as the email address the Member registered, in-app push notifications, or in-service notifications.
  2. For notices to an unspecified number of Members, the Company may substitute individual notice by posting in the in-service announcements.

Addendum

These Terms take effect on [Effective date: ____].