Chapter 1: General Provisions

Article 1 (Purpose)

The terms and conditions (hereinafter referred to as the “Terms and Conditions”) aims to stipulate the rights, obligations, and responsibilities between the Company and members in using the services (including applications (apps), firmware, software, APIs, and our other devices) provided by EOFLOW Co., Ltd. (hereinafter referred to as the “Company”).

Article 2 (Definition of terms)

1. The definitions of terms used in the Terms and Conditions are as follows:
• ① “Member” refers to a person who agrees to the Terms and Conditions and uses the service through an application or web
• ② “Service” refers to the application (app), firmware, software, API, devices, and all accompanying services provided to the members by the Company.
• ③ “Application” refers to a mobile program provided by the Company to provide the services.
• ④ “Firmware, software and API” refers to programs for devices provided by the Company.
• ⑤ “API” collectively refers to the interface between devices and applications provided by the Company.
• ⑥ “Use contract” refers to the entire contract made between the Company and members with regards to the use of the service, and the Terms and Conditions form part of this contract.
• ⑦ “User ID” refers to a unique combination of letters and numbers given by the Company to each member via the application of a member to identify each member and provide services.
• ⑧ “Password” refers to a unique combination of letters and numbers set by the member and registered with the Company so that it can be used to verify the identity of the member identified by the user ID.
• ⑨ “Devices” collectively refer to “EOPATCH, ADM, etc.” provided by the Company.
• ⑩ “Termination” refers to an expression of the Company or a member’s intention to invalidate the contract starting from a certain time of the future.
• ⑪ “Personal information” refers to “personal information” under the Personal Information Protection Act, the Act on Promotion of Information and Communication Network Utilization and Information Protection of Korea (hereinafter referred to as the “Information and Communication Network Act”) and “personal data” under the EU General Data Protection Regulation (“GDPR”) and Legislative Decree no. 196/2003 (“Privacy Code”)
2. The terms that are used in the Terms and Conditions but not specified in Paragraph 1 are in accordance with the relevant laws and regulations and guides for each service, and otherwise, subject to general customs and commerce practices.

Article 3 (Effect and change of the terms and conditions)

1. The Terms and Conditions apply to members who use the service.
2. The Terms and Conditions become effective upon notification by being posted online on the website, posted on the initial screen of the application, or providing a connection screen, and upon consent of the user.
3. If there is a reasonable reason, the Company may change the Terms and Conditions to the extent that it does not violate relevant laws such as the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communication Network Utilization and Information Protection. The reason for the change shall be specified and notified by way of the preceding paragraph or other similar ways from 7 days before the effective date to the day before the effective date. However, if the Terms and Conditions are changed against the members, it will be notified with a grace period of at least 30 days in advance.
4. Members may request for membership withdrawal (termination) if they do not agree to the change in the Terms and Conditions under the preceding paragraph. However, if a member continues to use the service for more than one month after the effective date of the changed Terms and Conditions, the member will be deemed to have agreed to the change of the Terms and Conditions.

Article 4 (Rules other than the terms and conditions)

1. Matters not specified in the Terms and Conditions are subject to related laws such as the Basic Act on Telecommunications, the Computer Program Protection Act, and the Copyright Act, as well as separate terms and conditions, regulations, or detailed guidelines for use of the services provided by the Company.
2. The company may have separate terms and conditions and policies for individual services in place, and if the contents conflict with the Terms and Conditions, those separate terms and conditions and policies will apply in priority.

Article 5 (General rules for members)

1. The Company may notify members using other means of communication, such as sending e-mails, text messages (SMS/MMS), application notifications (PNS), etc.
2. For notifications to many unspecified members or users that cannot be notified by way of the method under the preceding paragraph, the Company may post them online on the website or the initial screen of the application or provide a connection screen instead of sending individual notifications.
3. The Company notifies members of the relevant details in case of business alliance with other companies, business transfer, and spin-off or merger of the Company.

CHAPTER 2 SERVICE USE CONTRACT

Article 6 (Establishment of the contract)

1. If a member clicks or selects the button of “I agree” to the Terms and Conditions notified by the Company through the service screen, they are deemed to have agreed to the Terms and Conditions.
2. The service use contract is established when the company approves the customer’s application for subscription pursuant to Article 7 below.

Article 7 (Subscription application and approval)

1. To sign up as a member, you must agree to the Terms and Conditions, grant all consents to each required item related to personal information, and consents to other services, and enter ID, password, email, name, diabetes type, and date of birth, gender, and other matters deemed necessary by the Company in the form the Company provides.
2. When registering for service use, members must provide complete information consistent with the current facts (hereinafter referred to as the Registration Information), and in the event of a change in the registered matters referred to in Paragraph 1 of this Article, members are obligated to correct this according to the procedures set by the company, such as changing member information. The Company is not responsible for any problems arising from the member’s failure to change member information.
3. All members must provide their own information for using the service, and members who do not correctly register their information, such as stealing other’s information or registering false information, may be subject to disadvantages such as termination according to the Terms and Conditions or may be subject to punishment in accordance with relevant laws and regulations.
4. Membership registration can be done only by using a person’s own personal information, and the company can take action to check the information registered by the member. Members must actively cooperate with the company’s verification measures, and if a member does not, the company may treat the information registered by the member as inaccurate.

Article 8 (Assigning and changing User ID, etc.)

1. The company assigns a user ID to a member according to the Terms and Conditions.
2. User ID cannot be changed, and if you want to change it due to unavoidable reasons, you must cancel the membership registration of the ID and re-register
3. User ID may be changed or suspended at the request of a member or by sole discretion of the Company in the following cases.
   • ① If it causes emotions of disgust to others or contrary to established good practices
   • ② If the same name is used or there is a risk of misunderstanding as the same name with the name of the Company, the Company’s service or service operator, etc
   • ③ If there are other reasonable reasons
4. Members are responsible for managing their user IDs and passwords. Each member is responsible for any damages in the use of the service or wrongful use by a third party due to management negligence, and the Company is not responsible for it.
5. Other matters related to the management and change of personal information of each member follow the guides for each service.

Article 9-1 (Protection and use of personal information)

1. The Company strives to protect the personal information of members in accordance with the relevant laws and regulations. Regarding the protection and use of personal information, the relevant laws and regulations and the company’s Privacy Policy are applied. However, the Company’s Privacy Policy does not apply outside the scope of the service provided by the Company. In addition, members must thoroughly manage their passwords in the way that they are not exposed to others, and the Company is not responsible for the information exposed due to reasons attributable to members.
2. The Company may provide the member’s personal information to a third party within the scope permitted by law in the following cases.
   • ① If the Company obtains prior consent of the information subject.
   • ② If there are special regulations under applicable laws, etc.
   • ③ In the other cases specified in the Privacy Policy.

Article 9-2 (Special rules on device interlocking services)

1. After signing up for this service, a member can purchase a device provided by the Company (a blood glucose management device that injects and measures the member’s blood glucose and transmits it to a predetermined server) and can link it with this service.
2. The Company may provide the information measured by the device to affiliated companies, corporations, organizations, institutions, or others with separate consent from the users and within the scope of the consent.
3. Information provided by customers to the Company
   • ① Required information
     To create an account for our services, you will need to provide some information such as username, ID, email address, password, date of birth and gender.
   • ② Optional information
     We may need additional information such as height, weight, carbohydrate content, notifications, to support for the use of certain features of the service.
4. Information received by the Company
   • ① Device and information used
     The user’s device collects data to calculate various indicators such as the user’s blood glucose, bolus injection amount, basal insulin injection amount, temporary insulin injection amount. When a user’s device synchronizes with our applications or software, the data recorded on the device is transferred from that device to our servers. This data is used for notification services.
   • ② Location information
     Services include the feature to use accurate location data such as GPS signals, Wi-Fi access points, and base station IDs. When users give the Company a permission to access their location, the Company collects this type of data. At any time, users can block the Company’s access by using mobile device settings. The Company can also estimate their approximate location from their IP address. This can be used as a notification service to guardians in case of an emergency.

Article 10 (Restriction of service approval)

1. The Company may not approve the application for use if it falls under each of the following items and may withhold approval until the reason is resolved.
   • ① When it is impossible to provide service due to technology
   • ② When the user uses false information for application, such as using the name of another person (group)
   • ③ When false information is entered in the required items for the application, or there are omissions or errors in important matters
   • ④ When the application is filed for hindering or for the purpose of hindering the stability and order of society or established good practices
   • ⑤ When it is judged that the use of the service in a wrongful way can damage the Company
   • ⑥ If the applicant has previously lost his or her membership due to wrongful use or the like However, an exception applies when the Company’s approval for re-registration is granted after more than one year has passed since the qualification loss.
   • ⑦ When the capacity of service-related facilities is insufficient
   • ⑧ If the applicant wants to use the service for the purpose of pursuing profit
   • ⑨ When the applicant is in a competitive relationship with the service
   • ⑩ In other cases in which the requirements for use application set by the Company are not satisfied or are deemed necessary considering the company’s circumstances
2. If the Company finds out any of the reasons of Paragraph 1 after signing up for membership, the Company may take measures to restrict the use such as termination or suspension of the use contract.
3. The Company may withhold approval according to the guide for each service if the customer applying for use is a minor stipulated by relevant laws and regulations.
4. After completing the membership registration process, the Company may withdraw the approval of the use if any of the reasons of Paragraph 1 is found.

CHAPTER 3 USE OF SERVICE

Article 11 (Service use)

1. The Company starts the service immediately from the time of membership registration. However, for some services, the service can be started from the specified date.
2. If the service cannot be started due to a business or technical setback of the Company, the member is notified by posting it online on the website, posting it on the initial screen of the application, or providing a connection screen.
3. The Company provides dedicated applications for mobile devices (iOS devices, Android OS devices, etc.), and members can use the service by downloading and installing dedicated applications on devices within the scope allowed by the Company. (However, the configuration and functions of the application may differ depending on the type of device and the carrier to which the member subscribes.)

Article 12 (Service hours)

1. In principle, the service is provided 24 hours a day, 365 days a year, unless there is a special problem with the Company’s business or technology. However, the Company may temporarily suspend the service on a day or time determined by the Company for regular system inspection, expansion, and replacement, and temporary suspension of service due to scheduled work will be notified in advance through the method specified in Article 5.
2. Some services with the set operating hours or operating periods are operated according to a separate standard, not 24 hours a day. Separately determined standards will be announced in advance through the method set forth in Article 5.
3. The Company may temporarily suspend all or part of the service without prior notice in case of inevitable reasons such as urgent system inspection, expansion and replacement, equipment failure, congestion in service use, national emergency, power outage, etc.
4. The company may stop providing all or part of the services after prior notice to the members if it is necessary for service reorganization or other service operation.

Article 13 (Service content)

1. The service consists of device service (patch, ADM, etc.), application, and web service, and the details of the service are as follows.
   Blood glucose, medication records and settings, meals and exercise values can be entered according to the form presented by the Company, and this input data and values automatically collected through the device are provided to members in various forms of information for blood glucose management. In addition, functions such as dosing functions, notifications, and alarms according to the dosing schedule and situation are provided.

Article 14 (Change and restriction of service)

1. The Company may notify the members of the contents of the service to be changed and the date of provision in the manner specified in Article 5 and provide the changed service.
2. The Company may limit or suspend all or part of the service if it falls under any of the following items.
   • ① When there are reasons such as repair, inspection, replacement or breakdown of computers or other information and communication facilities, disruption of communication, etc.
   • ② When it is unavoidable due to repair of facilities or other necessary works for service
   • ③ When it is impossible to provide normal service due to power failure, failure of all facilities, or congestion of service use
   • ④ When a member interferes with the Company’s business activities
   • ⑤ When the service cannot be continued due to various circumstances of the Company, such as the termination of the contract with the service provider
   • ⑥ In case of force majeure such as natural disaster or national emergency
   • ⑦ When it is impossible to provide the services any longer due to a change in business plan or management reasons of the Company
3. In the case of service suspension pursuant to Paragraph 2 of this Article, the Company shall notify the members by the method specified in Article 5. (However, this is not the case if prior notice is not possible due to service interruption caused by reasons beyond the Company’s control such as disk or system failure without the operator’s intention or negligence.)
4. The Company is not responsible for any problems arising from service change or suspension unless there is an intention or negligence on the part of the Company.

Article 15 (Prohibition of resale of service)

1. Members may not use the service itself and part of or all the service contents in a way of copying, replicating, selling, reselling, or transferring for commercial purposes.

CHAPTER 4 OBLIGATIONS OF THE PARTIES

Article 16 (Obligations of the Company)

1. The Company does not disclose or distribute the personal information of a member, which has been obtained in connection with providing the service, to a third party without the consent of the person. However, this is not the case for a legal procedure in accordance with the provisions of the law, such as a request from a relevant agency for investigation purposes under related laws or a request from the competent authority.
2. To provide continuous and stable service, the Company repairs or restores without delay in the event of a failure in related equipment and software unless there is an unavoidable reason. However, in case of natural disaster, emergency, or other unavoidable circumstances, the service may be temporarily stopped or suspended.
3. When a complaint from a member is received in relation to the service, the Company promptly handles it, and if it is difficult to process it quickly, the Company notifies the member of the reason and handling schedule through the method of Article 5
4. In the event of damage to a member due to the service provided by the Company, the Company shall be liable only if such damage is caused by reasons attributable to the Company.
5. The Company complies with laws and regulations related to the operation and maintenance of services such as the Personal Information Protection Act, the Information and Communication Network Act, the Communication Secret Protection Act, and the Telecommunication Business Act.

Article 17 (Obligations of Members)

1. Members may not perform any of the following acts when using the service, and the Company does not have legal responsibility for any violation.
   • ① Acts of using false information or stealing or wrongfully using another member’s ID and password when applying for the use of this service or changing information
   • ② Acts of reproducing, distributing, or commercially using the information obtained in the use of the company’s services without prior consent of the Company
   • ③ Acts of wrongfully using and stealing other “user’s” “personal identification information”
   • ④ Acts of infringing the Company’s copyright, the copyright of a third party or other rights
   • ⑤ Acts of disseminating information, sentences, figures, voices or other things of contents that violate public order and established good practices
   • ⑥ Acts of collecting, storing, and disclosing personal information of other members without following a legitimate process
   • ⑦ Acts of sending e-mail data containing software viruses, other computer codes, files and programs designed for the purpose of disrupting or destroying the normal operation of computer software, hardware, and telecommunication equipment
   • ⑧ Acts of interfering with the other person’s daily life by continuing to reach the other person with words, sounds, writings, images, or videos that cause shame, disgust or fear
   • ⑨ Other illegal or unjust acts of harassing other members such as stalking
   • ⑩ Acts that violate other relevant laws and regulations or against public order and established good practices
2. Members must comply with relevant laws and regulations, the provisions of the Terms and Conditions, notices notified in the usage guide and service, and matters notified by the Company, and must not engage in any other acts that interfere with the business of the Company.
3. Members may not be engaged in the business activities to sell products using the service, except when officially recognized by the Company, and particularly, hacking, acts of gaining profits through advertisements, commercial activities through obscene sites, illegal distribution of commercial software, etc. The Company is not responsible for the result or loss of business activities in violation of this, and legal actions such as punishment by related organizations, and members are obligated to compensate the Company for damages incurred in connection with such actions.
4. Members shall not allow a third party to use their member ID, password, and mobile phone number, and if a member becomes aware that the information has been stolen or used by a third party, the member must notify the Company immediately and inform the Company. If there is a guidance to it, the member must follow it.
5. Members are responsible for all the consequences arising from the negligence in management of member ID and password, mobile phone number, and wrongful use, and the Company is responsible for any problems arising from reasons attributable to the company, such as system failure of the Company.

Article 18 (Protection of personal information)

1. The Company highly values the protection of member’s personal information and strives to protect member’s personal information in accordance with relevant laws such as the Personal Information Protection Act and the Information and Communication Network Act. The Personal Information Protection Act and related laws, the Company’s personal information processing policy, and the guidelines separately determined by the Company are applied

Article 19 (Protection of personal location information)

1. The Company strives to protect the personal location information of members in accordance with relevant laws, such as the “Location Information Protection and Use, etc.”. Relevant laws and regulations such as the Act on Protection and Use of Personal Location Information, the Information and Communication Network Act, and the Basic Telecommunication Act, the Company’s Privacy Policy, and the guidelines separately determined by the Company are applied.

Article 20 (Entrustment of personal information processing work)

1. In principle, the Company performs tasks such as processing and management of collected personal information by itself, but if necessary, it may entrust part or all of the personal information processing work to a company selected by the Company. When entrusting the handling of personal information, the Company will explicitly notify the member of the handling entrustment through the Personal Information Processing Policy of the Company.

CHAPTER 5 TERMINATION OF CONTRACT AND RESTRICTION ON USE

Article 21 (Termination of contract and suspension of use)

1. When a member performs any of the following acts or at the request of a related agency such as the Korea Communications Commission, the Company may terminate the use contract with the member without prior notice or suspend the member’s use of the service for a predetermined period.
   • ① Acts that infringe the copyright, intellectual property rights, or other rights of the Company or a third party
   • ② Acts judged to be associated with crimes
   • ③ Acts of spreading hacking or computer viruses, or continuously transmitting certain contents such as advertising information against the will of others
   • ④ Acts of wrongfully using another member’s ID
   • ⑤ Acts of collecting, stealing, storing or distributing personal information of other members
   • ⑥ Acts of pretending to be another person
   • ⑦ Acts of forging the sender of service materials and works
   • ⑧ Acts of stalking or harassing others
   • ⑨ Acts that repeat joining and withdrawals from membership without justifiable reasons to obtain financial gain or interfere with the Company’s service operation
   • ⑩ Acts of transferring or selling your ID to another person
   • ⑪ Any act that interferes with or may interfere with the service operation, and any act that violate the Terms and Conditions, the Company’s other service terms and conditions, or other related laws
2. The Company may restrict the approval of the application for a certain period or reject the application when a member who has been terminated pursuant to Paragraph 1 applies for the use again.
3. If a member wants to terminate this service, the “member’s information” in the service will be deleted. (However, the information created and posted by the member may not be deleted.)

Article 22 (Indemnity)

1. The Company is exempt from liability and does not compensate for damages in any of the following cases.
   • ① The Company is exempted from liability if it cannot provide the service due to wars, incidents, natural disasters, emergencies, technical defects that cannot be resolved with current technology, or other force majeure reasons.
   • ② The Company is exempted from responsibility for service suspension, use disruptions and contract termination due to reasons attributable to the member.
   • ③ The Company is exempted from liability for damages to members due to a telecommunication service provider’s interruption or failure to provide telecommunication services normally unless there is intentional or gross negligence of the Company.
   • ④ The Company is exempted from liability in case of service suspension or failure due to unavoidable reasons such as repair, replacement, periodic inspection, construction of the service facilities, which has been notified in advance, unless there is intentional or gross negligence of the Company.
   • ⑤ The Company is exempted from liability for all problems arising from the member’s computer or the other device environment or the network environment without the Company’s intention or gross negligence.
   • ⑥ The Company shall be exempted from liability for the reliability, accuracy or similar details of the information, data, and facts posted or transmitted in the service or on the website by a member or a third party unless there is an intentional or gross negligence on the part of the Company.
   • ⑦ For free services that are provided by the Company, the Company does not compensate for damages unless there is an intentional or gross negligence on the part of the Company.
   • ⑧ Some of these services may be used through services provided by other providers or for services of other providers, and the Company is exempt from liability for damages caused by the services provided by other providers unless there is an intentional or gross negligence on the part of the Company.
   • ⑨ The Company is exempt from liability for damages caused by errors in the member’s smartphone or computer, or due to incorrectly or unfilled personal information and e-mail addresses unless there is an intentional or gross negligence on the part of the Company.
2. The Company’s service and the services of a linked company (referring to the company operating a site linked by links to the company’s service screen) operate independently of each other, and the Company is not responsible for transactions made between the linked company and the members.

Article 23 (Governing law and competent court)

1. For a dispute regarding the Terms and Conditions, the procedure specified by the laws of the Republic of Korea will be followed.
2. Matters not specified in the Terms and Conditions are subject to other related laws and business practices, such as the Commercial Act, the Telecommunications Business Act, and the Act on Consumer Protection in E-commerce.
3. If a lawsuit is filed for a dispute arising from the use of the service, the court governing the member’s or Company’s address shall be the court having jurisdiction over the first trial.

Supplementary Provisions

1. The Terms and Conditions will take effect from 03/29/2021.