CubieSIM Service Terms and Conditions
Chapter 1 General Provisions
Article 1 (Purpose) These Terms and Conditions are intended to regulate
the rights, obligations, and responsibilities of the company and service
users
regarding the use of the eSIM data sales service (CubieSIM, CubieSIM)
provided by PINTWEEN, INC. (hereinafter referred to as the “Company”)
through mobile devices,
independent travel information services, and networks, websites, apps,
and other services (hereinafter referred to as “Services”), and other
necessary matters.
Article 2 (Definition of Terms)
The definitions of terms used in these Terms and Conditions are as
follows:
1. “Company” refers to a business operator that provides services through
mobile devices.
2. “Member” refers to a person who enters into a service agreement in
accordance with these Terms and Conditions and uses the services provided
by the Company.
3. “Mobile device” refers to a device that can download or install
content and use it, such as a mobile phone, smart phone, personal digital
assistant (PDA), tablet, etc.
4. “Account information” refers to information provided by a member to
the company, such as email, device information, nickname, profile
picture, and friend list,
as well as service usage information (travel plans and travel
information, etc.).
5. “Content” refers to all paid or free content (travel information
services and network services, applications, etc.)
digitally produced by the company in relation to the provision of
services so that it can be used on mobile devices.
6. “Application” refers to all programs downloaded or installed through a
mobile device to use the services provided by the company.
7. “eSIM” product refers to an Internet connection service that operates
only through software without a physical SIM card and is a product based
on self-registration.
The definitions of terms used in these Terms and Conditions shall be
governed by the relevant laws and service-specific policies,
except for those addressed in Paragraph 1 of this Article, and any
terms not addressed herein shall follow general commercial practices.
Article 3 (Provision of Company Information, etc.)
The Company shall display the following items within the Service so that
members can easily understand them.
However, the Personal Information Processing Policy and Terms and
Conditions may be made available for members to view through the
connection screen.
1. Name of company and representative
2. Address of business location (including the address of the place where
member complaints can be handled)
3. Telephone number, e-mail address
4. Business registration number
5. Personal information processing policy
6. Terms of service
Article 4 (Effectiveness and change of terms and conditions)
The company shall post the contents of these terms and conditions on
the service or its linked screen so that members can be aware of them.
When the company revises the terms and conditions,
it shall post the effective date, revised contents, reason for
revision, etc. on the service or its linked screen at least 7 days prior
to the effective date to notify members.
However, if the changed contents are disadvantageous to members or are
significant changes,
it shall notify members by using the same method as the main text at
least 30 days prior to the effective date.
In this case, the contents before and after revision shall be clearly
compared and displayed so that members can easily understand them.
If the company revises the terms and conditions, it will check whether
the member agrees to the application of the revised terms and conditions
after notifying the member of the revised terms and conditions.
The company will also notify or inform the member that if the member does
not express his or her intention to agree or reject the revised terms and
conditions,
it will be considered that he or she has agreed to them. If the member
does not express his or her intention to reject them by the effective
date of these terms and conditions,
it will be considered that he or she has agreed to the revised terms and
conditions.
If the member does not agree to the revised terms and conditions, the
company or the member may terminate the service use agreement.
The company will take measures to enable the member to inquire and
respond to the company regarding the contents of these terms and
conditions.
The company may revise these terms and conditions to the extent that
it does not violate related laws and regulations such as the Act on
Consumer Protection in Electronic Commerce, etc.,
the Act on Regulation of Terms and Conditions, the Act on Promotion of
Information and Communications Network Utilization and Information
Protection, etc., and the Framework Act on Consumers.
Article 5 (Conclusion and Application of Service Agreement)
A service agreement is concluded when a person who wishes to become a
member (hereinafter referred to as the “applicant”)
agrees to the contents of these terms and conditions, applies for
service use, and the company approves the application.
The company approves the application of the applicant in principle.
However, the company may reject an application for use that falls under
any of the following items.
1. If the application form contains false information or does not meet
the application requirements
2. If the service is used in an abnormal or roundabout way in a country
where the company does not provide the service
3. If the application is made for the purpose of disrupting social peace
and order or public morals
4. If the service is to be used for an illegal purpose
5. If the service is to be used for profit-seeking purposes
6. If approval is deemed inappropriate for any other reason similar to
each item
The company may withhold approval until the reason is resolved in any
of the following cases:
1. If the company's facilities are insufficient, support for a specific
mobile device is difficult, or there is a technical problem
2. If there is a problem with the service, service usage fee, or payment
method
3. If approval of the application is deemed difficult for any other
reason similar to each item
Article 6 (Rules other than Terms and Conditions)
Matters not specified in these Terms and Conditions and the
interpretation of these Terms and Conditions shall be governed by the
relevant laws and regulations,
such as the Act on Consumer Protection in Electronic Commerce, etc., the
Act on Regulation of Terms and Conditions,
the Act on Promotion of Information and Communications Network
Utilization and Information Protection, etc., or commercial practices.
Article 7 (Operational Policy)
Matters necessary for applying the Terms and Conditions and matters
delegated by specifying a specific scope in the Terms and Conditions
may be established as a service operation policy (hereinafter referred
to as the “Operational Policy”).
The Company shall post the contents of the Operational Policy within
the Service or on its connection screen so that members can be aware of
them.
In the event of a revision to the Operational Policy, the procedures
in Article 4, Paragraph 2 shall be followed.
However, if the revised Operational Policy falls under any of the
following items, prior notice shall be given in the manner of Paragraph
2.
1. When revising matters specifically delegated in the terms and
conditions
2. When revising matters unrelated to the rights and obligations of
members
3. When revising the operating policy within the scope that members can
anticipate and that is not fundamentally different from the contents of
the terms and conditions
Chapter 2 Personal Information Management
Article 8 (Protection and Use of Personal Information)
The Company will endeavor to protect the personal information of
members in accordance with the relevant laws and regulations,
and the protection and use of personal information will be subject to
the relevant laws and regulations and the Company's personal information
processing policy.
However, the Company's personal information processing policy does not
apply to linked services other than those provided by the Company.
Depending on the nature of the service, self-introduction information
such as nicknames, character photos, and status information that are
not related to the member's personal information may be disclosed.
The Company will not provide the member's personal information to
others without the member's consent,
except in cases where there is a request from a relevant government
agency, etc. in accordance with relevant laws and regulations.
The Company shall not be liable for damages resulting from the leakage
of personal information due to the member's fault.
Chapter 3 Obligations of the Parties to the Service Agreement
Article 9 (Obligations of the Company)
The Company shall faithfully comply with the relevant laws and
regulations and the exercise of rights and performance of obligations
stipulated in these Terms and Conditions in good faith.
The Company shall have a security system to protect personal
information so that members can safely use the service, and shall
publicize and comply with the personal information processing policy.
Except in cases stipulated in these Terms and Conditions and the personal
information processing policy, the Company shall not disclose or provide
personal information of members to third parties.
In order to provide continuous and stable services, if equipment
malfunctions or data is lost or damaged while the Company is improving
the service,
the Company shall make every effort to repair or restore it without delay
unless there are unavoidable reasons such as natural disasters,
emergencies, or malfunctions or defects that cannot be resolved with
current technology.
Article 10 (Obligations of Members)
Members shall not commit any of the following acts in relation to the
use of the services provided by the Company.
1. Entering false information when applying for use or changing member
information
2. Acquiring and using service assets (ID, product information, travel-
related information, etc.) through services not provided by the company
or through abnormal methods
3. Posting articles or sending emails by impersonating an employee or
operator of the company
or stealing another person's name, impersonating another person or
falsely stating a relationship with another person
4. Stealing another person's information or illegally using another
member's ID and password
5. Collecting, storing, posting, or distributing another member's
personal information without permission
6. Acts of engaging in or inducing gambling or other gambling activities,
exchanging or posting obscene or vulgar information
or connecting (linking) to obscene sites, transmitting or distributing
words, sounds, texts, pictures, photos, or videos that cause shame,
disgust,
or fear to another person, or using the service in an unhealthy manner
7. Unauthorized use of the service Acts of using for purposes other than
the original purpose,
such as profit, sales, advertising, public relations, political
activities, or election campaigns
8. Acts of unauthorized reproduction, distribution, promotion,
or commercial use of information obtained through the use of the
Company's services, acts of using the services by exploiting known or
unknown bugs
9. Acts of deceiving others to gain profits, acts of causing damage to
others in relation to the use of the Company's services
10. Acts of infringing upon the intellectual property rights or portrait
rights of the Company or others, acts of defaming or causing damage to
others
11. Acts of intentionally transmitting, posting, distributing, or using
information (computer programs), computer software, hardware, or viruses,
computer codes, files,
or programs that are prohibited from transmission or posting by law
or designed to interfere with or destroy the normal operation of
telecommunications equipment
12. Modifying the application, adding or inserting other programs into
the application, hacking or reverse engineering the server, or source
code
or application data without receiving special rights from the Company
Leaking/changing, building a separate server, or arbitrarily
changing/stealing part of the website to impersonate the company
13. Other acts that violate related laws or are against good customs or
social norms
Members are responsible for managing their accounts and mobile
devices, and must not allow others to use them.
The company is not responsible for damages caused by poor management of
mobile devices or allowing others to use them.
Members must set and manage the password function. The company is not
responsible for damages caused by the member's negligence
The company may determine the specific details of the following acts,
and members must follow them.
1. Member's account name, name used within the service
2. Location-based user-generated travel information and chat content and
methods
3. Bulletin board use and service use methods
4. External mobile platform partnership service policies such as Kakao,
Facebook, and Google Plus
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Chapter 4 Service Use and Restrictions
Article 11 Products and Services Provided by CubieSIM
1. Sales of eSIM data products and related communication sales brokerage
services
2. Advertising services related to CubieSIM
3. Additional products and travel-related services additionally developed
and provided by the company for independent travelers or provided through
partnerships
Article 12 (Provision of Services)
The company shall provide services to members who have completed the
service agreement in accordance with the provisions of Article 5
immediately. However,
for some services, the company may initiate the service from a
designated date according to the company's needs.
When providing services to members, the company may provide other
additional services together with the services stipulated in these terms
and conditions.
The company may differentiate the use by classifying the member's
level and subdividing the use time, number of uses, scope of provided
services, etc.
Article 13 (Use of Services)
The Services are provided for a set period of time according to the
Company's business policy.
The Company will provide the service provision time in an appropriate
manner on the application home screen or service notices.
Notwithstanding Paragraph 1, the Company may temporarily suspend all
or part of the Services in the following cases.
In this case, the Company will notify the reason and period of
suspension in advance on the application home screen or service notices.
However, if there are unavoidable circumstances that make it impossible
to notify in advance, the Company may notify after the fact.
1. When necessary for system operation, such as regular system
maintenance, server expansion and replacement, or network instability
2. When normal service provision is impossible due to power outages,
service facility failures, service usage overload,
or facility maintenance or inspections by telecommunications service
providers
3. When situations beyond the Company's control, such as wartime,
incidents, natural disasters, or similar national emergencies, occur
The Company provides the Services using dedicated applications or
networks for mobile devices.
Members can download and install applications or use the service for
free or for a fee through the network.
In the case of applications downloaded and installed or services used
through the network, they are provided according to the characteristics
of the mobile device or mobile carrier.
In the case of changing the mobile device, changing the number, or
roaming overseas, all or part of the content may not be available, and
the company is not responsible in this case.
In the case of applications downloaded and installed or services used
through the network, background work may be performed.
In this case, additional charges may be incurred according to the
characteristics of the mobile device or mobile carrier, and the company
is not responsible in this regard.
Article 14 (Changes and Suspension of Services)
In order to provide smooth services, the company may change the
service according to operational or technical needs, and will notify the
relevant information within the service prior to the change.
However, in cases where changes are unavoidable, such as corrections
to bugs or errors, emergency updates, or when changes are not
significant, a notice may be provided after the fact.
If the Company finds it difficult to continue the service due to
serious management reasons such as the discontinuation of business due to
transfer, division, or merger of business,
or a significant deterioration in the profits of the relevant service,
the Company may discontinue the entire service.
In this case, the date of discontinuation, reason for discontinuation,
compensation conditions, etc.
will be announced 30 days prior to the date of discontinuation through
the application home screen or its connection screen, and the member will
be notified in the manner of Article 22, Paragraph 1.
Article 15 (Collection of Information, etc.)
The Company may store and retain chat contents between members, and
this information will be held only by the Company.
The Company may access this information only for the purpose of mediating
disputes between members, handling complaints,
or maintaining order in the traveler community, and third parties may
only access this information if they are authorized to do so by law.
If the Company or a third party accesses chat information pursuant to
Paragraph 1,
the Company shall notify the relevant member of the reason and scope of
access in advance.
However, in cases where this information needs to be viewed in relation
to investigation, processing, confirmation of prohibited acts under
Article 10, Paragraph 1,
or relief for damages caused by such acts, notification may be made
afterwards.
The company may collect and utilize the member's mobile device
information (settings, specifications, operating system, version, etc.)
excluding the member's personal information for smooth and stable
operation of the service and improvement of service quality.
The company may request additional information from the member for the
purpose of improving the service and introducing services to the member.
The member may accept or reject this request, and if the company makes
this request, the member will be notified that he or she may reject the
request.
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Article 16 (Provision of Advertisements)
The Company may post advertisements within the Service in relation to
the operation of the Service.
In addition, advertising information may be sent to members who have
agreed to receive it via e-mail, text message service (LMS/SMS), push
notification, etc.
In this case, members may refuse to receive it at any time, and the
Company will not send advertising information if the member refuses to
receive it.
You may be connected to advertisements or services provided by others
through banners or links, etc., among the services provided by the
Company.
If you are connected to advertisements or services provided by others
in accordance with Paragraph 2,
the services provided in that area are not within the Company's service
area, so the Company does not guarantee reliability, stability, etc.,
and the Company is not responsible for any damages suffered by members as
a result.
However, this does not apply if the Company intentionally or grossly
negligently facilitates the occurrence of damage or fails to take
measures to prevent damage.
Article 17 (Attribution of Copyright, etc.)
The copyright and other intellectual property rights for content
within the service produced by the company belong to the company.
Members may not use for profit or allow others to use information
obtained through the service provided by the company,
of which the intellectual property rights belong to the company or the
provider, by means of copying or transmitting
(including editing, publishing, performing, distributing, broadcasting,
creating secondary works, etc.; hereinafter the same shall apply) without
the prior consent of the company or the provider.
Members permit the company to use communications, images, sounds, and
all materials and information (hereinafter referred to as “User
Content”),
including conversation texts displayed within the service or uploaded or
transmitted by members or other users through mobile applications or
services, under the following methods and conditions.
1. Use the relevant user content, change the editing format, or otherwise
modify it
(publication, reproduction, performance, transmission, distribution,
broadcasting, creation of secondary works, etc. in any form, and there
are no restrictions on the period of use and region)
2. Do not sell, rent, or transfer user content for the purpose of
transaction without the prior consent of the user who created the user
content
The company does not use user content of members that is not displayed
within the service and is not integrated with the service (e.g. postings
on general bulletin boards, etc.) without the explicit consent of the
member, and members may delete such user content at any time.
If the company determines that a posting within the service posted or
registered by a member falls under a prohibited act under Article 10,
Paragraph 1, the company may delete or move it or refuse to register it
without prior notice.
A member whose legal interests have been infringed upon by information
posted on bulletin boards operated by the company may request the company
to delete the relevant information or post a rebuttal.
In this case, the company will promptly take necessary measures and
notify the applicant of this.
This clause is valid while the company operates the service and
continues to apply even after the member withdraws.
Article 18 (Restrictions on service use for members)
Members must not commit acts that violate the member's obligations
under Article 10, and in the event of such acts, the company may take
measures to restrict the member's service use, delete related information
(text, photos, videos, etc.)
and other measures according to the following categories. The specific
reasons and procedures for restricting use are determined in the
operating policy of each service according to Article 19, Paragraph 1.
1. Restrictions on some rights: Restrictions on certain rights such as
search and chat for a certain period of time
2. Restrictions on account use: Restrictions on use of member accounts
for a certain period of time or permanently
3. Restrictions on member use: Restrictions on use of services by members
for a certain period of time or permanently
In cases where the restrictions on use in Paragraph 1 are justified,
the Company shall not compensate for any damages suffered by members due
to the restrictions on use.
The Company may suspend the use of services for the relevant account
until the investigation into the following reasons is completed.
1. In cases where a legitimate report is received that the account has
been hacked or stolen
2. In cases where the user is suspected of being an illegal user or
workplace, etc.
3. In cases where provisional measures for use of services are necessary
for other reasons similar to each of the following items.
Article 19 Discount coupons and points
They are granted to specific members through the company's events,
promotions, etc., and the validity period and usage method can be
confirmed through the detailed information provided.
They cannot be refunded in cash and will be canceled when the validity
period expires or the user agreement is terminated.
The company may cancel or restrict membership if the user uses them for
improper purposes.
The details of discount coupons and points and the operating policy may
change.
Article 20 Refund
For eSIM products, refunds are possible if the eSIM itself is found to be
defective and is prior to registration (installation).
Since eSIM products are used overseas in conjunction with local
telecommunications networks, refunds are not possible for other reasons
such as temporary telecommunications network failures, local
telecommunications company circumstances, insufficient settings, and
insufficient mobile phone specifications.
Refund requests must be made within 30 days of purchase, and eSIM
products will not be considered for exchange or refund after scanning the
QR code, entering detailed information, and registering (installing)
through the provided separate link.
Refunds are not possible if the validity period has expired.
eSIM does not provide compensation in any case other than exchange or
refund due to its own defect.
CubieSIM receives eSIMs from multiple original eSIM suppliers covering
over 200 countries worldwide and sells them through telecommunications
intermediation.
In this case, if eSIM purchase cancellation or refund is not possible due
to the original supplier's policy, the same policy will be followed.
In the case of eSIM suppliers or platforms that provide purchase
cancellation functions, the original supplier's name will be indicated
and guidance will be provided for each product.
Unused data after eSIM registration (installation) cannot be exchanged or
refunded.
Since most products are used in conjunction with local telecommunications
networks, problems occur due to various reasons such as terminal, setting
issues, and temporary failure of local networks.
Therefore, if it is determined that the eSIM itself is defective, you
must contact the customer center without delay for confirmation.
The refund process is as follows:
If a member determines that an eSIM product is defective, he/she must
notify the Kirby eSIM Customer Center without delay, and the company must
conduct a verification to determine whether there is a defect.
During this process, information such as terminal information and
settings screenshots may be requested.
Once verification is complete, the company must share the results with
the member without delay and proceed with the exchange or refund process.
In no case can additional compensation be provided other than exchange or
refund.
The refund request and processing time may vary by product due to the
eSIM source supplier, telecommunications company verification process,
etc., and in the case of credit card payment, it may take several days
for the refund to be completed.
Matters regarding cancellation and refund not explained in these Terms
and Conditions shall be subject to the procedures stipulated in the
Consumer Basic Act, e-commerce, and other relevant laws and regulations.
Article 21 (Reasons and Procedures for Restrictions on Use)
The company shall determine the specific reasons and procedures for
restrictions on use pursuant to Article 18 Paragraph 1 as an operating
policy, taking into consideration the content, degree, frequency, and
results of prohibited acts pursuant to Article 10 Paragraph 1.
In the event that the Company imposes a usage restriction measure as
stipulated in Article 18, Paragraph 1, the Company shall notify the
Member of the following matters in advance.
However, in cases where urgent measures are required, the Company may
notify the Member afterwards.
1. Reasons for usage restriction measures
2. Types and periods of usage restriction measures
3. Methods for filing an objection to usage restriction measures
Article 19 (Procedures for filing an objection to usage restriction
measures)
If a Member wishes to object to the usage restriction measures of the
Company, he/she shall submit an objection application stating the reason
for the objection to the Company in writing, by e-mail, or by a similar
method within 14 days from the date of receiving the notice of such
action.
The Company shall respond to the reason for the objection in writing,
by e-mail, or by a similar method within 15 days from the date of
receiving the objection application in Paragraph 1.
However, if the Company finds it difficult to respond within this period,
the Company shall notify the Member of the reason and processing
schedule. If the reason for the objection is justified, the company
will take action accordingly.
Chapter 5 Compensation for damages and exemption clauses, etc.
Article 22 (Compensation for damages)
If the company or member violates these terms and conditions and
causes damage to the other party, they are responsible for compensating
for the damage. However, this does not apply if there is no intent or
negligence.
If the company enters into an affiliate contract with an individual
service provider and provides individual services to members,
and the member agrees to these individual service terms and conditions
and then suffers damage to the member due to the intent or negligence of
the individual service provider, the individual service provider is
responsible for the damage.
Article 22 (Exemption of the company)
If the company cannot provide the service due to a natural disaster or
other force majeure, the company is not responsible for providing the
service.
The company is not responsible for damage caused by maintenance,
replacement, regular inspection, construction, or other similar reasons
of service equipment. However, this does not apply in cases where it is
due to the Company's intent or negligence.
The Company is not responsible for any service disruption caused by
the Member's intent or negligence. However, this does not apply in cases
where the Member has unavoidable or justifiable reasons.
The Company is not responsible for the reliability, accuracy, etc. of
information or materials posted by the Member in relation to the Service,
unless there is intent or gross negligence.
The Company has no obligation to intervene in transactions or disputes
that occur between the Member and other Members or third parties through
the Service, and is not responsible for any damages resulting therefrom.
The Company is not responsible for any damages incurred by the Member
in relation to the use of the Service provided free of charge. However,
this does not apply in cases where it is due to the Company's intent or
gross negligence.
The Company is not responsible for any expected benefits not obtained
or losses incurred by the Member through the use of the Service.
The Company is not responsible for any third-party payments that occur
due to the Member's failure to manage mobile device passwords, passwords
provided by open market operators, etc. However, this does not apply in
cases where the Company is intentionally or negligently responsible.
The Company shall not be liable for any inability to use all or part
of the content functions due to changes in mobile devices, changes in
mobile device numbers, changes in operating system (OS) versions,
overseas roaming, changes in telecommunications carriers, etc.
However, this does not apply in cases where the Company is intentionally
or negligently responsible.
The Company shall not be liable for any inability to use content or
account information provided by the Company by a member. However, this
does not apply in cases where the Company is intentionally or negligently
responsible.
Article 23 (Notice to Members)
When the Company notifies a member, it may do so via the member's e-
mail address, electronic memo, in-game service message, text message
(LMS/SMS), etc. In the case of notification to all members, the
company may substitute the notification in Paragraph 1 by posting it
within the service for more than 7 days or by displaying a pop-up screen,
etc.
Article 24 (Jurisdiction and Governing Law) These Terms and Conditions
are governed by and interpreted in accordance with the laws of the
Republic of Korea. In the event of a lawsuit arising from a dispute
between the company and members, the court with jurisdiction shall be the
court in accordance with the procedures stipulated by law.
Article 25 (Member Complaints and Dispute Resolution)
The company shall provide guidance on how to present opinions or
complaints to members within the service or on its linked screen for the
convenience of members. The company shall operate dedicated personnel to
handle such opinions or complaints from members.
If the company objectively recognizes that opinions or complaints
raised by members are justified, the company shall promptly handle them
within a reasonable period of time.
However, if the processing takes a long time, the company shall notify
the members of the reason for the long processing time and the processing
schedule within the service or in accordance with Article 22, Paragraph
1.
If a dispute arises between the company and a member and a third-party
dispute resolution agency mediates, the company may faithfully prove the
measures taken against the member, such as restrictions on use, and
follow the mediation of the mediation agency.
These terms and conditions will be effective from July 22, 2024.