Article 1 (Purpose)
These Terms of Service (the “Terms”) set out the fundamental rights, obligations, responsibilities, conditions of use, and procedures between sPresto Co., Ltd. (the “Company”) and customers (the “Members”) in connection with Members’ use of “MonitorDog” provided by the Company.
Article 2 (Definitions)
The terminology used in these Terms is defined as follows:1.“MonitorDog” means the MonitorDog software provided by the Company, including computer programs, recording media, printed materials, online or electronic documents, and all executable files, additional functions, user manuals, help files, and other files accompanying the software product and its documentation. Regardless of the device or terminal on which it runs (including, but not limited to, PCs, TVs, mobile terminals, and other wired or wireless devices), MonitorDog encompasses all software provided by the Company under brands such as “MonitorDog” (hereinafter “MonitorDog”) and all related services, including MonitorDog websites and applications. MonitorDog also includes cases where it is provided to users through programs or services developed or built by third parties using the Company’s publicly disclosed APIs.2.“Member” means a customer who enters into a service agreement with the Company under these Terms and uses MonitorDog provided by the Company. Customers are classified as “Paid Members” or “Free Members” according to whether they have paid a fee under the Company’s classification of the Software. Paid Members are limited to customers who have paid through the payment methods and related facilities provided through the Company’s website or other channels.3.“Validity Period” refers to the period during which the Member is permitted by the Company to use MonitorDog after agreeing to these Terms and installing MonitorDog.4.Terms not defined in these Terms shall have the meanings prescribed by applicable laws and regulations; otherwise, general commercial practices shall apply.
Article 3 (Effect and Amendment of the Terms)
1.These Terms become effective when the Company provides notice upon installation or use of MonitorDog and the Member agrees to them.2.The Company may amend these Terms to the extent permitted by applicable laws. In such case, the Company shall provide prior notice of the effective date, details, and reasons for the amendment in a manner readily accessible to Members. If an amendment is materially adverse to Members, the Company shall provide reasonable prior individual notice, including by email. Where separate consent is required by applicable law, the Company shall obtain the Member’s consent.3.Even where MonitorDog is downloaded or installed through a third-party website not operated by the Company, the Company shall make these Terms available to the user and obtain any required acceptance upon the initial installation or use of MonitorDog.4.Members who do not agree to the amended Terms may terminate the service agreement by deleting MonitorDog. Paid Members may, upon agreement, remain subject to the previous Terms during the Validity Period.
Article 4 (Obligations of the Company)
1.The Company grants Members who agree to these Terms a license to install and use MonitorDog.2.To provide MonitorDog continuously and reliably, the Company shall, unless there are unavoidable reasons, repair or restore equipment or software failures or the loss of related data without delay.3.If an opinion or complaint raised by a Member is objectively recognized as justified, the Company shall handle it immediately through appropriate procedures. If immediate handling is difficult, the Company shall notify the Member of the reason and the handling schedule.4.When MonitorDog is updated, the Company shall immediately provide the updated MonitorDog to Members. Depending on the update, some functions of the previously provided MonitorDog may become unavailable or additional charges may apply. However, if an update materially restricts any existing paid feature or results in new charges, the Company shall give prior notice of the relevant details and the effective date and, where required by applicable law or contract, obtain the Member’s consent.5.When an upgraded version of MonitorDog or a new product is released, the Company shall notify customers and may provide all customer support services, including sales of previous versions and provision of patch files, for a specified period as necessary. Notice to customers may be given through website or social media announcements, emails, or similar methods.
Article 5 (Obligations of Members)
1.Members must comply with these Terms, Company policies, notices, and applicable laws, including but not limited to the Act on the Promotion of Employees’ Participation and Cooperation, Personal Information Protection Act, and Act on Promotion of Information and Communications Network Utilization and Information Protection. Members must not interfere with Company operations or damage the Company’s reputation.2.Members shall use MonitorDog as provided by the Company and shall not use it by other means or attempt to access the servers through which it is provided.3.Restrictions on use, copying, and modification:(1)Members may not reverse engineer, decompile, or disassemble MonitorDog beyond the scope permitted by law.(2)Except as expressly permitted by these Terms, Members shall not use, copy, translate, redistribute, retransmit, publish, sell, lend, rent, trade, resell, pledge, create security interests in, transfer, alter, modify, or expand all or any part of MonitorDog.(3)Members may not create derivative works based on MonitorDog.(4)Members shall not remove any notices, marks, or labels concerning the ownership of intellectual property rights from MonitorDog.4.Members shall not conduct business activities using MonitorDog without the Company’s prior consent, and the Company shall not be liable for the results of such activities. If those activities cause damage to the Company, the Member shall compensate the Company. The Company may restrict that Member’s use of the Software and seek damages or other remedies through lawful procedures. When MonitorDog is updated, the Company shall immediately provide the updated MonitorDog to Members. Depending on the update, some functions of the previously provided MonitorDog may become unavailable or additional charges may apply. However, if an update materially restricts any existing paid feature or results in new charges, the Company shall give prior notice of the relevant details and the effective date and, where required by applicable law or contract, obtain the Member’s consent.5.Members must not use MonitorDog to defame the Company or third parties, create malware or harmful materials, or engage in unlawful or socially unethical activities.6.Members must not infringe on the intellectual property rights of the Company or third parties.7.Members bear full responsibility for their actions and must not act in a manner that may cause others to believe that they represent the Company.8.When using the screen capture control function, Members must obtain all legally required consents and ensure appropriate use without violating worker or user rights.9.If a Member breaches this Article and thereby causes damage to the Company, the Company may claim compensation for such damage from the Member. Such damage shall include reasonable attorneys’ fees, litigation costs, and other related expenses incurred by the Company to prevent or remedy such damage or to exercise or preserve its rights.
Article 6 (Software Copyright)
1.Members are granted only a non-exclusive license to use MonitorDog. All patent rights, copyrights, and other intellectual property rights in MonitorDog (the “IP Rights”) belong to the author, developer, and Company. Installation or use of MonitorDog does not transfer any IP Rights to Members, and the license granted under this agreement shall not be construed as a transfer or sale of the IP Rights. All rights in MonitorDog belong to the author, developer, or Company.2.The Company may revoke a Member’s license if the Member violates these Terms.
Article 7 (Advertising Content and Additional Services)
1.When Members distribute, download, use, or upgrade the Software, the Company may directly provide advertisements, content, and other services in addition to the Software. Members who install the Software are deemed to have agreed to automatic updates and use of those other services.2.The Company may collect and use PC specification information and similar information, excluding Members’ personal information(If any such information constitutes personal information, the Company shall process it in accordance with its Privacy Policy and applicable laws and regulations.), for product support and quality maintenance of the Software. However, information collected through the screen capture control function shall be collected only when the Member activates that function, and the Company shall process that information only within the scope of the Member’s purpose for using the service.
Article 8 (Screen Capture Control Function)
1.The Company may provide a screen capture control function as an additional feature, including:(1)Detection and logging of capture attempts via keyboard shortcuts(2)Detection, blocking, and logging of screen capture program execution(3)Saving of the screen image at the time of capture attempt2.Members may choose whether to use the function and may activate it on an organizational or individual basis.3.Members using the function must obtain legally required consent from workers or applicable users.4.The Company is not liable for legal disputes or damages arising from the Member’s failure to obtain such consent.
Article 9 (Member Obligations When Using Screen Capture Control Function)
1.Members must comply with the following:(1)Consultation with the labor-management council under the Act on the Promotion of Employees’ Participation and Cooperation (where applicable)(2)Obtaining consent for collection and use of personal information under the Personal Information Protection Act(3)Clear disclosure of purpose, types of information collected, and retention period(4)Notification of the right to refuse consent and any resulting disadvantages2.Members shall not use information collected through the screen capture control function for purposes other than its intended purpose or provide it to third parties.3.Members must use the function only within the minimum necessary scope without infringing user rights.
Article 10 (Limitations of Warranty)
1.The Company does not guarantee the accuracy of content provided by authors or developers via MonitorDog.2.Members assume all risks associated with the use and performance of MonitorDog and customer support services, including risks arising from a Member’s failure to diligently update the engine. To the maximum extent permitted by applicable law, the Company disclaims all express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and warranties relating to intellectual property rights or non-infringement thereof.3.The Company shall not be liable for the consequences of use that fails to comply with these Terms, MonitorDog instructions, or other usage standards established by the Company.4.The Company does not warrant that the functions included in MonitorDog or the service will meet all of a Member’s requirements or that temporary interference with computer use or errors will not occur.5.Use of MonitorDog may cause unintended or unexpected problems on a Member’s PC, including diagnostic errors, reduced computer performance, freezing, or malfunction. Members shall fully consider these possibilities when deciding whether to use MonitorDog. The Company shall not be liable for problems arising from a Member’s use of MonitorDog despite these risks.6.The Company shall not be liable for problems arising from computer hardware manufactured after MonitorDog was provided or from changes to computer operating systems.7.The Company shall not be liable for Members’ failure to obtain, or loss of, profits expected from using MonitorDog.8.The Company shall not intervene in disputes arising through MonitorDog between Members or between Members and third parties, and shall not compensate for resulting damages.9.The Company shall not be liable in connection with MonitorDog provided free of charge unless otherwise specifically provided by applicable law.10.The Company’s total liability and the Paid Member’s sole remedy shall be limited to one of the following, at the Company’s discretion; provided, however, that this Paragraph shall not apply to any liability that may not be excluded or limited under applicable law, including liability arising from the Company’s willful misconduct or gross negligence:(1)Replacement of defective MonitorDog(2)Repair or replacement of MonitorDog that does not meet the Company’s limited warranty(3)Termination of this agreement and refund of the purchase price11.The Company shall not be liable for legal disputes, claims for damages, administrative sanctions, or similar consequences arising from a Member’s failure to follow legally required consent procedures or improper use of the screen capture control function.12.To the extent permitted by applicable law, the Company shall not be liable for any damage suffered by a Member as a result of any unlawful access to or unlawful use of the servers by a third party, provided that such damage did not result from any willful misconduct or negligence of the Company.
Article 11 (Cancellation and Returns)
1.In accordance with the refund provisions of the standard terms and conditions of the Fair Trade Commission of South Korea, customers who purchased the Software through the Company may, except in the cases listed below, cancel the purchase agreement and request a refund within 14 days from the time of purchase without any particular reason.2.The exceptions are as follows:(a)The Software was purchased through a distribution channel other than the Company.(b)The issued license code and file have been registered.(c)More than 5 days have passed since the application (payment) for a monthly membership subscription.3.If more than 14 days have passed since the time of purchase, cancellation or return is not permitted, and the Company reserves the right to refuse returns, exchanges, and refunds; provided, however, that the foregoing shall not apply where applicable law permits withdrawal from the purchase, rescission or termination of the agreement, or a refund.
Article 12 (Termination and Damages)
1.The Company may terminate this license agreement if a Member fails to comply with these Terms. In that case, the Member shall delete all originals and copies of MonitorDog and all of its components.2.The Company may discontinue provision of MonitorDog due to the termination of a partnership or other significant business reasons that prevent continued service, but shall ensure that Members’ Validity Periods are maintained.3.Free Members may terminate this agreement at any time by withdrawing their MonitorDog membership.4.If a Member causes damages to the Company, the Company may claim compensation in addition to termination.
Article 13 (Governing Law and Jurisdiction)
1.Any matters not specified in these Terms shall follow relevant laws of South Korea such as the Act on Promotion of Information and Communications Network Utilization and Information Protection and established commercial practices.2.Any disputes arising from MonitorDog shall be subject to the court having jurisdiction under the Civil Procedure Act of South Korea.
Article 14 (Interpretation of Language Versions)
If there is any discrepancy in content or interpretation between the Korean version of these Terms and the English translation, the Korean version shall prevail.
Supplementary ProvisionThese Terms shall take effect on May 31, 2025.