BLACKVUE CLOUD Terms of Service

 

1. Purpose

 

The purpose of these Terms of Service is to enunciate the rights, obligations, responsibilities and other necessary matters between Pittasoft Co., Ltd. (hereinafter referred to as the ‘Company’) and a member with regard to use of the BLACKVUE CLOUD service, FLEETA service, and various related services provided by the Company.

 

For users in South Korea: Please see here for information about BlackVue Cloud Terms of Service.

 

For users in Japan: Please see here for information about BlackVue Cloud Terms of Service.

 

2. Definitions

 

The definition of terms used in these Terms of Service is as follows:

 

1.     ‘Service’ means various free and charged services provided by the Company and usable by a member.

 

2.     ‘Member’ means a customer who accesses the service of the Company, concludes a use agreement with the Company according to the Terms of Service and uses one or several services provided by the Company.

 

3.     ‘ID’ means a combination of letters and numbers which is chosen by a member for member identification and use of the service and approved by the Company.

 

4.     ‘Password, etc.’ means a combination of letters or numbers which is chosen by a member in order to confirm that he/she is the member that matches the given ID and protect personal information, and is required for authentication.

 

5.     ‘Charged service’ means various online digital content (including various information content, video on demand(VOD) and other charged content) and various services that the Company provides at a cost.

 

6.     ‘Point’ or ‘packet’ (hereinafter referred to as ‘point’) means virtual data on the service which the Company may set, provide or adjust arbitrarily for efficient use of the service.

 

7.     ‘Posting’ means text, photos, videos, various files and links in the form of information including signs, letters, voices, sounds and video posted on the service while a member uses the Service.

 

3. Explanation of Service

 

The ‘BLACKVUE CLOUD Service’ and ‘FLEETA service’ provided by the Company collects data in the following method. It supports the service environment which enables filming and voice recording and allows members to use and share data collected through a dedicated dashboard camera with Wi-Fi and GPS functionality. The service is provided using the collected data set out below.

 

1.     In instances where a ‘BLACKVUE CLOUD Service’ or ‘FLEETA service’ account has been created and the dedicated dashboard camera has been registered:

 

Images created in the dashboard camera (including stored images and live images), GPS data and 3-axis sensor data are provided to the customer himself/herself. In the case of a customer who has agreed to disclose information, such information may be disclosed to the Company and a third party. The Company supports ‘Cloud storage space’ which can be used in the service only by a customer who has registered the dashboard camera. Restrictions on available storage space, downloading and uploading may vary according to the policies of the ‘BLACKVUE CLOUD Service’ Terms of Service. Files that a member desires among the information collected from the dedicated dashboard camera may be stored in and deleted from Cloud storage space.

 

2.     In instances where only a ‘BLACKVUE CLOUD Service’ or ‘FLEETA service’ account has been created:

 

In the case of a customer with no dedicated dashboard camera, he/she may only view data disclosed by a member who is using the service and has registered the dashboard camera, and he/she may use only that part of the service. In order to use additional services, a member must register dedicated dashboard camera.

 

4. Publication and Revision of the Terms of Service

 

1.     The Company shall publish the content of the Terms of Service on its website and in the mobile app in order to allow members to view them easily.

 

2.     The Company may revise these Terms of Service such that the relevant laws such as the Act on the Regulation of Terms and Conditions and the Act on Promotion of Utilization of Information and Communications Network, etc. are not violated.

 

3.     When the Company revises the Terms of Service, the Company shall announce the date of application and reasons of revision along with the current Terms of Service according to the method specified in Paragraph 1 at least 30 days prior to the date of application to the day before the date of application. However, if the revision of Terms of Service is unfavorable to members, it shall be stated clearly and separately through an electronic means such as e-mail, electronic note, or agreement window at the time of logging in to the service for a certain period of time in addition to the announcement.

 

4.     If a member has not expressed his/her intention of refusal explicitly even though the Company has announced or notified to the member that if he/she does not express his/her intention within 30 days, it is deemed that he/she has expressed his/her intention while announcing or notifying of the revised Terms of Service according to the provisions of the preceding paragraph, it is deemed that the member has agreed to the revised Terms of Service.

 

5.     If a member does not agree to the application of the revised Terms of Service, the Company shall not apply the contents of the revised Terms of Service, and in such a case, the member may terminate the use agreement. However, if there is a special circumstance which prevents the Company from applying the previous Terms of Service, the Company may terminate the use agreement.

 

5. Interpretation of Terms of Service

 

1.     The Company may have separate Terms of Use and Policies for the charged service and each service (hereinafter referred to as ‘Terms of Charged Service, etc.’), and if the relevant contents conflict with the Terms of Service Use, separate Terms of charged Service, etc. will apply by priority.

 

2.     For any matter or interpretation which is not specified in the Terms of Service, Terms of charged Service, etc. applies, and for any matter or interpretation which is not specified in the Terms of Charged Service, etc. relevant laws and commercial practice apply. If the meaning of Terms of Service is still not clear, it is interpreted in a manner favorable to the customer.

 

6. Conclusion of Use Agreement

 

1.     A use agreement is concluded when a person, who wishes to be a member (hereinafter referred to as an ‘applicant for membership’), accepts the contents of the Terms of Service, applies for the membership subscription and the Company accepts such an application.

 

2.     The Company shall accept the use of service for the application of applicant for membership in principle. However, for an application falling under any of the following subparagraphs, the Company reserves the right not accept such application or terminate the use agreement afterward:

 

A.    In cases where an applicant for membership has lost the qualification for membership in the past according to the Terms of Service. However, this does not apply if he/she has obtained the permission of reapplication for membership from the Company.

 

B.    In cases where an applicant has used somebody else’s e-mail.

 

C.    In cases where an applicant has written false information or omitted the content presented by the Company.

 

D.    In cases where a child under the age of 14 has not obtained the consent of his/her legal representative (parents, etc.).

 

E.    In cases where the user is a child under the age of 8.

 

F.     In cases where it is impossible to approve due to a reason attributable to the user or the user has applied for the membership in violation of other regulated matters.

 

3.     The Company may request the verification of the user’s real name through a specialized agency, adult authentication and user authentication according to the type of member for the application according to the provisions of Paragraph 1.

 

4.     The Company may defer approval if there are no available service-related facilities or a technical or business issue exists.

 

5.     If approval for the application for membership according is not given or deferred according to Paragraphs 2 and 4, the Company shall inform the applicant for membership of the refusal.

 

6.     The use agreement is concluded when the Company marks the subscription complete on the application procedure.

 

7.     The Company may classify a member by class according to the company policies, subdivide hours and number of use, service menu, etc. and apply different usages to each.

 

8.     The Company may apply use restriction or restriction by rating to the member in order to observe the rating and age according to the Promotion of the Motion Pictures and Video Products Act and Juvenile Protection Act.

 

7. Change of Member’s Information

 

1.     A member may inspect and modify his/her own personal information at any time through the personal information management screen. However, ID, etc. which are necessary for service management cannot be modified.

 

2.     If any matter filled out when applying for membership subscription has been changed, the member shall modify his/her personal information online or inform the Company of such change with e-mail or other methods.

 

3.     The Company holds no liability for any disadvantage occurred due to failure in the notification of such change in Paragraph 2 to the Company.

 

8. Obligation of Personal Information Protection

 

The Company shall make efforts to protect the personal information of members in accordance with the relevant laws including the Personal Information Protection Act. For the protection and use of personal information, the Privacy Policy of the Company applies. A member may use the service only after agreeing to the Privacy Policy of the Company.

 

9. Obligation to Protect the Location Information of Member

 

The Company shall make efforts to protect the location information of a member in accordance with the Act on the Protection, Use, Etc. of Location Information. A member may use location-based services provided by the Company only after agreeing to the Terms of Location-Based Service Use of the Company.

 

10. Obligation of Management of Member’s ID and Password, Etc.

 

1.     A member shall be responsible for managing his/her communication terminal, ID and password, etc. and must not allow a third party to use such items.

 

2.     If the communication device and ID of a member pose a concern of personal information leakage, becoming antisocial, or going against public morals, the Company may restrict the access for service use from the relevant communication device and use of such ID.

 

3.     If a member has recognized that his/her communication terminal, ID and password, etc. have been stolen or used by a third person, the member shall inform the Company immediately and follow the instructions of the Company.

 

4.     In the case of Paragraph 3, the Company holds no liability for any disadvantage occurred because the relevant member has failed to inform the Company or if the relevant member has informed the Company of such fact but has failed to follow the instructions of the Company.

 

11. Notice to Member

 

1.     The Company may give a notice to a member by e-mail address, electronic memo to the registered communication device unless there is a separate provision in the Terms of Service.

 

2.     In the case of a notice to all members, the Company may post such a notice on the website of the Company for more than 7 days in lieu of notice specified in Paragraph 1.

 

12. Obligation of Company

 

1.     The Company shall not conduct any act which is prohibited by the relevant laws and the Terms of Service or goes against public morals and the Company shall make the best effort to provide the service continuously and stably.

 

2.     The Company shall prepare the security system for the protection of personal information to allow members to use the service safely, and the Company shall announce and observe the Privacy Policy.

 

3.     The Company shall, if an opinion or complaint raised by a member with regard to use of service is deemed reasonable, handle such opinion or complaint. For an opinion or complaint raised by a member, the handling process and result shall be delivered to the member through the website of the Company or e-mail.

 

13. Obligation of Member

 

1.     A member must not perform any of the following acts:

 

A.    Register false information when making or modifying an application.

 

B.    Use someone else’s information illegally.

 

C.    Modify information posted by the Company.

 

D.    Transmit or post information (computer program, etc.) other than information determined by the Company.

 

E.    Infringe intellectual property rights including copyright of the Company and third parties.

 

F.     Act to damage the reputation or interfere with business between the Company and third parties.

 

G.    Act to disclose or post obscenity, violent messages, images, voice and other information that goes against public order and good morals on the service.

 

H.    Act to use the service for the purpose of making profit without the consent of the Company.

 

I.      Other unlawful or unjustifiable acts.

 

2.     A member should observe cautions announced with regard to relevant laws, provisions of the Terms of Service, use guide and the Service and other matters notified by the Company and should not conduct any act which obstructs other business of the Company.

 

14. Provision of Service, Etc.

 

1.     The Company may provide the following services to members:

 

A.    Provide the BLACKVUE CLOUD Service application

 

B.    Provide the FLEETA CLOUD Service application

 

C.    Location-based search service

 

D.    Real-time image live streaming and video on demand (VOD) service through the LTE and 3G service

 

E.    Two-way voice communication service

 

F.    Location-based recommended advertisement service

 

G.     Open advertisement service

 

H.    Charged service for service-related item sales

 

2.     The Company may divide the Service into a certain range and specify the available time of use for each range separately. However, in such a case, the relevant content shall be announced in advance.

 

3.     The service shall be provided for 24 hours a day and all year around in principle.

 

4.     The Company may cease the provision of the service in the case of maintenance, replacement or failure of communication equipment such as computer, loss of communication, or there are other reasonable grounds for such an operation. In such a case, the Company shall inform members using the method specified in Article 11. However, if there is an unavoidable reason which prevents the Company from informing in advance, the Company may inform afterward.

 

5.     The Company may, if it is necessary for the provision of the service, carry out periodic inspection, and the announcement on the service provision screen shall apply for the time of that periodic inspection.

 

6.      FLEETA and BLACKVUE CLOUD are separate services, and the following conditions apply:

 

15. Change of Service

 

1.     The Company may, on reasonable grounds, change the service in whole or part according to operational and technical needs.

 

2.     If there is a change in the contents, method and time of using the service, reasons for change, contents of service to be changed, date of provision, etc. shall be posted on the first page of the service.

 

3.     The Company may modify, suspend or change the service which is provided for free in whole or part according to the needs in the Company policies and operation, and no separate compensation shall be provided to members unless there is a special provision with regard to such matter in the relevant laws.

 

16. Provision of Information and Insertion of Advertisements

 

1.     The Company may provide various information and advertisements deemed necessary to members by means of voice announcements written notifications or e-mail, etc. while using the service. However, a member may opt-out of receiving e-mail, etc. at any time except for those containing transaction-related information according to the relevant laws and replies to member inquiries.

 

2.     The Company may post advertisements on the service screen of mobile app, website, e-mail, etc. with regard to the operation of the service. A member who has received an e-mail where containing an advertisement may opt-out of receiving future advertisement e-mails from the Company.

 

3.     Users (including members and non-members) shall not take measures such as change, modification or restriction, etc. of postings or other information with regard to the service provided by the Company.

 

17. Copyright of Posting

 

1.     The copyright of a posting which a member discloses and posts in the service is vested in the copyright holder of the relevant posting.

 

2.     A posting which a member discloses and posts in the service may be exposed in the search results, services and relevant promotions, and it may be posted after being modified, copied and edited partially within the necessary range for relevant exposure. In addition, data disclosed by a member in the service may be used by the Company without consent of the member. In such a case, the Company must observe the provisions of the Copyright Act and the member may take measures such as deletion, exclusion from search result, non-disclosure of the relevant posting through the customer center or the management function in the service at any time.

 

18. Management of a Posting

 

1.     In the case where a member’s posting includes the contents which are against relevant laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the Copyright Act, the manager may request suspension, deletion, etc. of the relevant posting according to the procedure stipulated in the relevant laws, and the Company shall take measures according to the relevant laws.

 

2.     The Company may, on reasonable grounds of infringement of a right or violation of other company policies and relevant laws even if there is no request from the holder of a right according to the preceding paragraph, take a temporary measure, etc. for the relevant posting according to relevant laws.

 

19. Attribution of Right

 

1.     The copyright and intellectual property right of the Service is vested in the Company. However, postings of members and works provided according to a partnership agreement are excluded.

 

2.     The Company grants only a right to use the account, ID, contents, etc. according to the conditions of use determined by the Company to a member with regard to the service, and the member cannot take an act of disposal such as transfer, sale and provision of security.

 

20. Charged Service

 

The Company may provide the Service at a charge cost for efficient use and operation of the Service. For charged service, the Terms of Charged Service of the Company apply.

 

20A. In-App Purchases

 

1.     The mobile app may include In-App Purchases that allow a member to unlock features or functionality within the app (for example, access to premium features/content or subscription services).

 

2.     Amounts for one-off purchases are payable and charged at the time the member makes the purchase.

 

3.     Amounts for subscriptions (for example, monthly or yearly subscriptions) are payable and charged at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term, at the time of each renewal until the member cancels the subscription.

 

4.     All billing and transaction processes of In-App Purchases are handled by the app store operator from whose platform (for example, Apple App Store or Google Play Store) the member downloaded the app and are governed by the app store operator’s terms and conditions/EULA. If a member has any billing/refund inquiries or payment-related issues with In-App Purchases then the member must contact the app store operator directly.

 

5.     A member can cancel a subscription through the app store operator. A subscription must be cancelled before it renews to avoid the billing of the amounts for the next subscription period. If a member cancels a subscription, the member will continue to receive the subscription services until the end of the current subscription period.

 

  20B. Web Purchases

  1. The web may include Web Purchases that allow a member to unlock features or functionality within the web (for example, access to premium features/content or subscription services).

  2. Payments for one-off purchases will be charged immediately upon completion of the transaction.

  3. For subscriptions (e.g., monthly or yearly), the total amount will be charged at the beginning of the subscription term.

  4. Subscriptions automatically renew for an additional period equal in length to the expiring subscription term unless canceled by the member.

  5. For any inquiries or issues related to billing for services, including refunds or payment-related issues, members should contact the Company directly.

  6. Members can manage their subscriptions and cancel them through the designated web platform.
  7. A subscription must be canceled before it renews to avoid billing for the next subscription period.

  8. If a member cancels a subscription, they will continue to receive the subscription services until the end of the current subscription period.

 

21. Cancellation and Termination, etc. of Agreement

 

1.     A member may apply for the termination of use agreement through the customer center or management menu on the initial screen of the service at any time, and the Company must handle such application immediately in accordance with relevant laws, etc.

 

2.     If a member terminates the agreement, all the data of the member will be destroyed immediately at the time of termination, except in the case where the Company holds the member’s information in accordance with the relevant laws and Privacy Policy.

 

3.     If a member terminates the agreement, all postings that the member has created and registered to his/her account will be deleted. However, postings, etc. that have been published through reposting or sharing by others or postings that have been registered on the website will not be deleted. The user should delete those postings before withdrawing from membership.

 

22. Restriction of use, etc.

 

1.     If a member has violated his/her obligation under the Terms of Service or obstructed normal operation of the service, the Company may restrict the service use.

 

2.     If the service use has been restricted or the agreement has been terminated according to this Article, the Company shall inform the member of such fact.

 

23. Restriction of responsibility

 

1.     If the Company is unable to provide the service due to a natural disaster or equivalent force majeure, the Company is exempted from liability regarding the provision of the service.

 

2.     The Company holds no liability for any malfunctions in the service use due to a reason attributable to a member.

 

3.     The Company holds no liability for the contents of information, data and facts that a member has posted with regard to the service such as credibility and accuracy.

 

4.     The Company is exempted from liability if a transaction has been conducted between members or a member and a third party with the service as a medium.

 

5.     The Company holds no liability unless there is a special provision in the relevant laws with regard to the use of a service which is provided for free.

 

24. Governing Law and Jurisdiction

 

1.     A lawsuit between the company and a member shall be governed by the law of the Republic of Korea the applicable law and jurisdiction.

 

2.     A lawsuit regarding a dispute occurring between the Company and a member shall be filed with a competent court under the Civil Procedure Act.

 

3.     Notwithstanding the provision of the preceding paragraph, for a lawsuit regarding a dispute occurring between the Company and a member who has his/her address or place of residence in a foreign country, Seoul Central District Court shall be considered as the competent court.

 

25. Effective Date

 

These Terms of Service are effective as of April 1, 2025

 

Revision history:

- Added  Terms of service for Korean users.

- Modified No.11(Notice to Member).

- Modified No.20(Charged Service)

- Added information about FLEETA service to No.1(Purpose) / No.3(Explanation of Service) / No.14(Provision of Service)

 

Addendum (2021.08.01)

(Effective Date) This agreement has been effective since August 1, 2021. ([View this version of the terms and conditions])