PANENA
PANENA Terms of Service
Article 1 Purpose
These Terms and Conditions (hereinafter the “Terms”) are intended to set forth the rights, obligations, and responsibilities between the Company and users in connection with the use of services (hereinafter the “Services”) provided through the gut health data-based platform “PANENA” operated by Panena Co., Ltd. (hereinafter the “Company”).
Article 2 Definitions
①The terms used in these Terms are defined as follows:
- 1.
“Services” means all services provided by the Company through the PANENA platform, including gut score tests, gut type analysis, provision of personalized information, and all ancillary services based on the collection, recording, and analysis of gut health data.
- 2.
“User” means any person who agrees to these Terms and uses the Services, and is classified into members and non-members.
- 3.
“Member” means a person who has entered into a service agreement with the Company by creating an account and agreeing to these Terms.
- 4.
“Non-member” means a person who uses part of the Services without registering as a member.
- 5.
“Gut Score Test” means a service provided by the Company that allows users to check their gut health score and gut type by responding to a questionnaire.
- 6.
“My Records” means a service provided by the Company that allows members to track changes in their gut health status over time based on the results of the Gut Score Test.
②Terms not defined in this Article shall be governed by applicable laws and regulations.
Article 3 Posting, Effect, and Amendment of the Terms
①The Company shall post these Terms on the initial screen of the Services or on a screen linked thereto.
②The Company may amend these Terms to the extent that such amendment does not violate the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Consumer Protection in Electronic Commerce, etc., and other relevant laws.
③When amending these Terms, the Company shall specify the effective date and reasons for the amendment and shall notify or announce them, together with the current Terms, from seven (7) days prior to the effective date until the day before such date. However, in cases where the amendment is unfavorable or material to users, the Company shall provide individual notice via email, SMS, or other electronic means at least thirty (30) days prior to the effective date, in addition to the foregoing notice.
④Where the Company notifies or announces amended Terms pursuant to Paragraph 3 and clearly states that failure by a user to express any intention within the period up to the effective date shall be deemed consent, the user shall be deemed to have agreed to the amended Terms if the user neither expressly rejects the amendment nor terminates the user agreement.
Article 4 Supplemental Rules
①Matters not specified in these Terms shall be governed by the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and other applicable laws.
②In the event of any separate agreement or arrangement between the Company and the user, only a written agreement (including electronic documents, the same shall apply hereinafter) shall prevail over these Terms.
Article 5 Formation of Membership Registration and Service Use Agreement
①A person who wishes to register as a member in order to use the Service shall agree to the terms and conditions of these Terms, submit an application for membership registration by entering member information in accordance with the membership application procedures prescribed by the Company, and membership registration shall be approved upon the Company's acceptance of such application.
②The Company may refuse or defer acceptance of an application for membership registration in any of the following cases. In such event, the Company shall notify the applicant seeking to use the Service of such fact and the reason for such refusal or deferment without delay:
- 1.
Where the applicant misappropriates another person's information;
- 2.
Where the applicant reapplies within six (6) months after the account has been suspended or the Service Use Agreement has been terminated by the Company;
- 3.
Where a member who has been subject to restrictions related to the use of the Service imposed by the Company voluntarily terminates the Service Use Agreement and reapplies during the period in which such restrictions remain in effect;
- 4.
Where the Company lacks sufficient personnel, physical facilities or technical resources, or where there are technical difficulties;
- 5.
Any other circumstance comparable to Subparagraphs 1 through 4, where the Company deems refusal or deferment necessary based on objective and reasonable judgment.
Article 6 Obligations to Manage Member ID and Password
①Members shall personally manage their IDs and passwords with the duty of care of a prudent administrator and shall not permit any third party to use them unless expressly authorized in advance by the Company.
②If a member becomes aware that his or her ID or password has been stolen or is being used by a third party, the member shall immediately notify the Company thereof and follow the instructions provided by the Company.
③Members shall periodically change their passwords to prevent unauthorized use or misappropriation, and the Company may recommend that members change their passwords.
④The Company shall not be liable for any damages arising from a member's violation of the obligations set forth in this Article unless such damages are caused by the Company's willful misconduct or negligence.
Article 7 Modification and Suspension of the Service
①Where the content of the Service is modified, the Company shall provide notice thereof through announcements within the Service. However, if such modification materially affects the rights and obligations of users, the Company shall provide individual notice by electronic means, such as email or SMS, at least thirty (30) days prior to the effective date of such modification. If the contents of these Terms are amended as a result of such modification, the procedures set forth in Article 3 shall apply.
②The Company shall not be liable for any issues arising from the modification or suspension of the Service unless such issues are caused by the Company's willful misconduct or negligence. Any points, coupons, or similar benefits provided by the Company free of charge may expire upon suspension of the Service.
③The Company may restrict or suspend all or part of the Service in any of the following cases. In the event of a restriction or suspension of the Service, the Company shall provide prior notice to members through the notice board. However, where prior notice is not possible due to unavoidable circumstances, the Company may provide notice thereafter:
- 1.
Where there are force majeure events, including war, armed conflict, natural disasters, or a national emergency;
- 2.
Where normal provision of the Service is hindered due to power outages, failures of facilities or equipment, excessive service traffic, or similar causes;
- 3.
Where suspension is unavoidable due to maintenance, inspection, replacement, malfunction of facilities or equipment, interruption of telecommunications services, or similar reasons;
- 4.
Where the Company is unable to provide the Service due to other circumstances affecting the Company's operations.
Article 8 PANENA Service
The scope and content of the services provided by the Company are as follows: 1. Gut Score Test: A service whereby, when a user responds to a questionnaire related to gut health, the Company calculates a gut health score through its algorithm and classifies the user’s gut type. 2. My Records: A service provided by the Company that enables members to view changes in their gut health status over time based on their past Gut Score Test results. 3. Pattern Analysis Service: A paid service whereby the Company analyzes an individual’s gut health patterns based on accumulated Gut Score Test data of the member and provides relevant analytical results. 4. Ancillary services otherwise provided by the Company.
Article 9 Scope of Service Use for Non-Members
①Non-members may use certain services, including the Gut Score Test, without registering as a member.
②In the case of non-members, use of certain services such as the My Records function may be restricted.
③Information entered by non-members may be stored and utilized in anonymized form, and specific matters regarding such use shall be governed by the Privacy Policy.
Article 10 Payment
①Members may make payments for the Pattern Analysis Service or other paid services through the payment methods designated by the Company.
②Members who are minors may not use the Pattern Analysis Service or other paid services.
③The Company may cancel or restrict any payment if it is determined that the member is a minor.
Article 11 Withdrawal of Subscription and Refund for Pattern Analysis Service
①Members may withdraw their subscription within seven (7) days from the payment date for the Pattern Analysis Service or other paid services. However, once provision of paid services such as analysis results has commenced, withdrawal may be restricted under applicable laws.
②Notwithstanding Paragraph 1, if the paid service differs from its description or is performed differently from the contract, the user may request a refund within three (3) months from the date of receipt or within thirty (30) days from the date the user became aware or could have become aware of such fact.
③Requests for withdrawal and refund may be made through “Order History” under “My Page” in the Service.
④Where a member requests a refund pursuant to this Article, the Company shall refund the payment amount within the period prescribed by applicable laws and regulations.
Article 12 Company’s Works and Intellectual Property Rights
①Copyright and all other intellectual property rights in software, materials, information, works, and other content provided or created by the Company shall belong to the Company.
②Users shall not, without prior consent of the Company, reproduce, transmit, publish, distribute, broadcast, or otherwise use for commercial purposes, or allow third parties to use any information obtained through the Services in which intellectual property rights belong to the Company, and shall compensate for all damages arising from such violation.
Article 13 Prohibited Acts of Users
Users shall not engage in any of the following acts in the course of using the Service:
- 1.
Any act that infringes upon the personal information of the Company or others, or that defames or insults the Company or others.
- 2.
Any act that infringes upon the rights of the Company or others, including intellectual property rights.
- 3.
Any act of using the Service by abnormal means, such as automated tools or repetitive manipulation.
- 4.
Any act of using the Service in a manner not appropriate to the purpose of the Service or that interferes with its operation.
- 5.
Any act of entering false information or omitting information when applying for the use agreement or when changing information.
- 6.
Any act of using illegal programs, such as macros, that negatively affect the Company or the Service.
- 7.
Any act of transmitting, posting, or distributing computer codes, files, software, or other materials such as viruses, spyware, adware, or other materials that may damage the software of the Company or other users.
- 8.
Any act of unauthorized copying, transmission, recording, or misappropriation of information posted on the Service by using automated means such as crawling, scraping, or parsing.
- 9.
Any act of using the Service in a manner other than normal use, such as for reverse engineering or for designing or manufacturing products utilizing similar ideas, features, functions, or graphics as the Service, or for reproducing such ideas, features, functions, or graphics by using automated access programs or other means in order to design or develop competitive products, and any act that causes a burden on the Company’s servers and interferes with the Company’s normal services by initiating or executing automated programs or scripts such as web spiders, web crawlers, web robots, web ants, web indexers, bot viruses, or worms.
- 10.
Any other act that violates these Terms, including any terms, policies, or applicable laws and regulations of the Company.
Article 14 Restriction of Use Measures
①The Company may impose restriction of use measures on a User if any of the following circumstances occurs, and the User shall not be entitled to claim compensation from the Company for any damages arising therefrom:
- 1.
Where the User breaches any obligation under these Terms;
- 2.
Where the User intentionally or negligently interferes with the operation of the Company's services;
- 3.
Where the User causes, or is likely to cause, a dispute with the Company, another User, or any third party.
②As a general principle, the Company shall impose restriction of use measures in a progressive manner, including warning, suspension of use, and account termination, and shall provide prior notice to the relevant Member of the grounds, type, and duration of such restriction of use measures.
③Notwithstanding Paragraph 2, where any of the following material grounds exists, the Company may impose suspension of use or account termination without a prior warning. In such case, the Company shall nevertheless provide prior notice to the User of the grounds, type, and duration of the restriction of use measures:
- 1.
Where the User has misappropriated another person's account;
- 2.
Where the User has unauthorizedly reproduced, analyzed, misappropriated, or attempted to copy, analyze, or misappropriate the Company's analytical algorithms, databases, software, service structure, or related components;
- 3.
Where the User has committed any other serious violation comparable to the foregoing.
④A Member may file an objection with the Company within seven (7) days from the date of receipt of notice of a restriction of use measure. If, upon review of the objection, the Company determines that the User acted without intent or negligence, the Company shall revoke the restriction of use measure.
Article 15 Termination of the Service Agreement
①A Member may terminate the Agreement at any time by deleting the account through the service interface or by requesting account deletion via email and thereby notifying the Company of the Member's intention to terminate. The Company shall terminate the Agreement and delete the account within seven (7) business days from the date on which the Member submits the account deletion request.
②If any of the following events occurs with respect to either party, the other party may immediately terminate all or part of this Agreement by written notice without any separate demand for performance:
- 1.
Where the Member causes damage to the Company through willful misconduct or gross negligence;
- 2.
Where the Member violates these Terms;
- 3.
Where the Company is no longer able to conduct its service-related business due to a change in business purpose, merger or acquisition, operating losses, or similar reasons;
- 4.
Where the Company enters into liquidation, bankruptcy, corporate reorganization, composition proceedings, or dissolution;
- 5.
Where the Company is unable to maintain this Agreement due to natural disasters, war, or other force majeure circumstances beyond its reasonable control.
③If the Company terminates the Agreement, the Company shall notify the Member of its intention to terminate and the grounds for termination using the information provided by the Member at the time of the service application.
④Any rights and obligations of the parties that have already arisen prior to the termination of this Agreement under this Article shall not be affected by such termination.
⑤Upon a Member's request for termination of the Service Agreement, the Company may retain the Member's information provided to the Company for a period of six (6) months. After such six (6) month period, the Company shall delete all such Member information after providing notice to the Member.
Article 16 Provision and Limitations of the Service
①The Gut Score Test results, gut type classifications, and personalized recommendation information provided through the Service do not constitute medical practice, including diagnosis, examination, or prescription by a medical professional, and do not replace medical consultation by a medical professional.
②The Pattern Analysis Service is a non-medical health management service that provides general information regarding gut health-related patterns and trends based on information entered by the User. It does not constitute medical practice, including diagnosis, examination, or prescription by a medical professional, and does not replace medical consultation by a medical professional.
③Health-related information collected through the Service is based on subjective survey responses and lifestyle information directly entered by the User and is not information generated through medical practice, including diagnosis, examination, or prescription by a medical professional.
④Gut health-related information entered by the User in the course of using the Service does not constitute medical records as prescribed under Article 22 of the Medical Service Act. As the Company is neither a medical professional nor an operator of a medical institution, it is not subject to the obligations to prepare and retain medical records under the Medical Service Act.
⑤The User shall use the Service results solely as reference materials regarding the User's health condition. Where medical judgment is required, the User must visit a qualified medical institution and receive medical consultation from a medical professional.
⑥The Company provides gut health scores, gut types, and related information through algorithmic analysis based on information entered by the User. However, the Company makes no representations or warranties whatsoever regarding the accuracy, completeness, timeliness, or fitness for a particular purpose of such results.
⑦The Company may, for the purposes of improving the quality of the Service, conducting statistical analyses, and carrying out research, use information entered and data generated during the User's use of the Service after de-identifying such information and data in accordance with applicable laws and regulations.
⑧Due to the nature of the Service, the analysis results or guidance provided may contain inaccurate information or information that is not suitable for the User. The User shall evaluate and use such information at the User's own risk.
⑨The Company may provide information regarding related products by taking into account the User's gut health condition or Service usage results. However, such information is provided solely for general informational purposes and does not guarantee the efficacy or effectiveness of any specific product.
Article 17 Disclaimer of Liability
①The Company shall not be liable for any damages incurred by the User or any third party due to force majeure events, including system failures, hacking, or natural disasters, unless such damages are caused by the Company's willful misconduct or negligence.
②The Company shall not be liable for any interruption or impairment in the User's use of the Service resulting from causes attributable to the User, unless such interruption or impairment is caused by the Company's willful misconduct or negligence.
③The Company shall not be liable for any damages arising from the User's disclosure or provision of personal information or authentication information, such as passwords, to any third party.
④The Company may temporarily suspend the provision of the Service where circumstances such as maintenance, inspection, replacement, or failure of information and communications equipment, or interruption of telecommunications services occur. In such cases, the Company shall not be liable for any damages incurred by the User or any third party in connection therewith unless such damages are caused by the Company's willful misconduct or negligence.
⑤The User shall bear responsibility for any damage to computer systems or other devices, and for any loss of data, resulting from content obtained through the use of the Service, unless such damage or loss is caused by the Company's willful misconduct or negligence.
⑥The Company shall not be liable for any damages incurred by any third party as a result of the User's engagement in any of the following acts. In such case, the User responsible therefor shall compensate the Company or the relevant counterparty for any damages incurred within the scope of such User's liability and shall indemnify and hold harmless the Company or the relevant counterparty at the User's sole cost and expense:
- 1.
Violation of any obligation under these Terms;
- 2.
Registration of false information.
Article 18 Damages
①If the Company or the User breaches or fails to perform any obligation required to be performed under these Terms, the breaching party shall compensate the other party for any damages incurred as a result thereof within the scope of its liability.
②The Company does not guarantee any benefits or profits arising from the Service and shall not be liable for consequential, indirect, or special damages.
③Any claim for damages under this Article shall not affect the exercise of rights under these Terms or the exercise of rights under any related agreement.
Article 19 Notices to the Company
The User may provide notice to the Company through the following means:
- 1.
Email: [admin@panenalabs.com]
- 2.
Tel: [1811-6228]
Article 20 Prohibition on Assignment of Rights and Obligations
Neither party may assign or transfer any rights or obligations under these Terms to any third party without the prior written consent of the other party.
Article 21 Governing Law and Jurisdiction
These Terms shall be governed by the laws of the Republic of Korea. Any and all disputes arising out of or in connection with these Terms shall be subject to the competent court having jurisdiction under the Civil Procedure Act of the Republic of Korea. Supplementary ProvisionsArticle 1 Effective DateThese Terms shall become effective as of [Day] [Month] [Year]