Article 1 (Purpose)

The purpose of these Terms of Service is to prescribe the rights, obligations, and other related matters of customers who access or use nanumsam and the nanumsam service website (www.irm.kr), or utilize its services.

Article 2 (Definitions)

The definitions of terms used in these Terms are as follows:

  1. “Service” refers to all cloud medical data services (hereinafter referred to as the "Service") provided by nanumsam, which allow users to freely access and utilize from their terminals infrastructure services providing servers, storage, databases, networks, and websites, as well as solution services providing IT solutions.
  2. “Customer” refers to an individual, corporation, or public institution that accesses nanumsam’s "Service," enters into a user agreement with nanumsam in accordance with these Terms, and utilizes the "Service" provided by nanumsam.
  3. “Customer Information” refers to information (including personal information and medical data in the case of individuals) that the Customer stores within nanumsam’s "Service."

Article 3 (Application for Service Use)

  1. A service user agreement (the "Service Agreement") is established when an applicant for service use (the "Applicant") agrees to the Terms, submits an application for service use, and nanumsam approves the application.
  2. When applying for service use, the Applicant must provide their real name and actual information. If the Applicant unlawfully uses a pseudonym or provides false information, they cannot enjoy or claim the rights stipulated under these Terms, and nanumsam may terminate the Service Agreement.
  3. Personal information provided by the Applicant at the time of application is protected in accordance with applicable laws and regulations, as well as nanumsam’s Privacy Policy.
  4. If the Applicant is a minor under the Civil Act, service use is unavailable even with the consent of a legal representative (guardian), and nanumsam may reject applications from minors. By using the Service, the Customer confirms to nanumsam that they are not a minor.

Article 4 (Suspension or Termination of Service by nanumsam)

  1. nanumsam may suspend the Customer's use of the Service without prior notice if any of the following grounds apply:
    1. Where the Customer fails to pay fees up to the designated payment month;
    2. Where the Customer fails to properly install security updates on their server, which is determined to pose a risk to nanumsam’s service operations;
    3. Where the Customer uses the Service for purposes contrary to national interests or the public interest;
    4. Where the Customer's use of the Service violates relevant laws and regulations or acts against public morals or order;
    5. Where the Customer's actions damage the reputation of others or cause them disadvantage;
    6. Where the server used by the Customer is infected with a virus, hacked, or suspected of being so;
    7. Where there is a legal basis to suspend the Customer's use of the Service, such as a third party claiming infringement of rights (including, but not limited to, this case) regarding the Customer Information processed by the Customer through the Service;
    8. Where a government authority requests or orders a temporary suspension of the Service in accordance with legal procedures;
    9. Where the Customer accesses or uses the Service in a manner that bypasses the conditions set by nanumsam for service use, or circumvents the constraints or restrictions notified in relation to service use;
    10. Where it violates other relevant laws and regulations, or the terms of use and usage conditions set forth by nanumsam.
  2. In the event of suspending a Customer's use of the Service due to the grounds specified in Paragraph 1 above, nanumsam shall notify the respective Customer of the reason for suspension, the suspension period, and the official means to file an objection. nanumsam shall restore the Customer's right to use the Service without delay once the grounds relevant to Paragraph 1 are removed or are no longer valid.
  3. If the grounds for suspension continue to persist, nanumsam may terminate the respective Service Agreement.

Article 5 (Service Interruption)

  1. nanumsam may interrupt the provision of the Service in the following cases:
    1. Inevitable circumstances such as equipment repair and other maintenance operations;
    2. Where there is a risk of disruption to normal service operations due to a national emergency, equipment defect, or a sudden surge in service usage;
    3. Where nanumsam cannot practically provide stable services due to force majeure events such as natural disasters;
    4. Where a telecommunications service provider (as specified in the Telecommunications Business Act) disrupts or ceases telecommunications services.
  2. In cases falling under Subparagraph 1 of Paragraph 1 above, nanumsam will announce the service interruption at least one day prior to the interruption date through the notification method designated by the Customer or by posting it on the service access screen or the service website.
  3. nanumsam may temporarily interrupt the respective Service without prior notice for matters specified in Subparagraphs 2, 3, and 4 of Paragraph 1 above.

Article 6 (Obligations of the Customer)

  1. Subject to the Customer's compliance as-is with all notices regarding these Terms of Service and all copyrights, trademarks, and other proprietary rights, nanumsam grants the Customer a non-exclusive, non-transferable, and limited authority to access and display the Service. The usage authority granted under this agreement is essentially limited to non-commercial use. Any use of the Service for other purposes is prohibited.
  2. Except for the limited authority stipulated in the preceding paragraph, nanumsam does not grant the Customer any express or implied authority or license under patents, trademarks, copyrights, or other proprietary or intellectual property rights. The Customer may not mirror the contents of the Service on any other website or other media. Software and other materials available for download, access, or other uses from the Service under license conditions shall be governed by their respective terms, conditions, and notices.
  3. The Customer shall not use the Service in any manner that disrupts or prevents compliance with traffic or security-related laws and regulations. Failure to comply with such conditions or the Terms of the Service will result in the automatic termination of all rights granted to the Customer without prior notice, and the Customer must immediately destroy all downloaded materials in their possession, management, or control.

Article 7 (Cloud Services and Privacy)

  1. Cloud services possess characteristics where content can be accessed through various terminals and diverse types of content are centrally managed; therefore, even a single security incident can lead to a severe privacy breach.
  2. In light of this, some express concerns over the security of cloud services, as well as the potential for privacy infringement by operators. Furthermore, regarding the issue of cross-border transfer of personal information that may occur when using cloud services of foreign enterprises, users are cautioned about the lack of appropriate protective measures under domestic laws.
  3. To enjoy convenient and pleasant cloud service use without worrying about personal information leaks or privacy breaches, it is important to verify whether the service you intend to use is secure and operated in a trustworthy manner before using it.
  4. Personally identifiable information submitted by the Customer to nanumsam for the purpose of using the Service will be processed in accordance with nanumsam's Privacy Policy. For further details, please refer to the separate Privacy Policy.

Article 8 (Disclaimer)

  1. nanumsam’s Service may contain technical inaccuracies or typographical errors, and the accuracy of the posted information is not guaranteed. When using the Service, please ensure whether it is the latest updated page, and verify the accuracy and completeness of the information before making decisions related to the described services, products, or other items using such information.
  2. Even if an authority with judicial decision-making power finds a specific provision of these Terms of Service unenforceable, the validity of the remaining provisions of these Terms of Service shall not be affected.

Article 9 (Disclaimer of Warranty)

  1. To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis, and nanumsam makes no warranties, either implied or express, regarding matters including, but not limited to, conditions, quality, durability, performance, accuracy, reliability, commerciality, fitness for a particular purpose, non-infringement, smooth service, error prevention, harmful element prevention, security, or prevention of damage or loss to functions or data.
  2. To the maximum extent permitted by applicable law, nanumsam does not represent or warrant the validity, accuracy, reliability, quality, stability, completeness, or currency of the information provided by the Service.
  3. The Customer understands and agrees that downloading or otherwise obtaining materials, information, products, software, programs, or services from the Service is at their own discretion and sole risk, and that the Customer will be solely responsible for any resulting damages, including loss of data and computer damage.

Article 10 (Limitation of Liability)

  1. The medical analysis provided by this Service constitutes merely a clinical opinion based on statistics, and the Customer is advised that side effects may occur. The Customer agrees that any outcomes resulting from using the Service without the assistance of a medical professional shall be entirely at the Customer's own responsibility.
  2. Notwithstanding any other provisions, nanumsam shall not be liable, to the maximum extent permitted by applicable law, for any loss or damage arising in connection therewith, whether in contract or tort (including negligence), even if such situation was foreseeable, in any of the following cases:
    1. Force majeure events such as natural disasters or war;
    2. The Customer's intent (including willful misconduct), omission, or negligence;
    3. Disruptions to telecommunications services provided by service providers other than nanumsam;
    4. Where the Service is interrupted after prior notice due to unavoidable circumstances such as service inspection, except where nanumsam interrupted the Service intentionally or through gross negligence;
    5. Where nanumsam interrupted the Service to perform periodic maintenance pre-announced in accordance with Article 5;
    6. Where the Customer's use exceeds the scope of service defined in the Service Agreement;
    7. Where third-party damages occur due to inaccuracies or illegality of the information posted on the Service by the Customer;
    8. Where a breach occurs due to the Customer's neglect of system security management;
    9. Where the Service is interrupted due to a national emergency, nationwide network disruption, or equivalent force majeure;
    10. Where the Service is interrupted to prevent the spread of an incident occurring in the system of a Customer using the Service;
    11. Where a service disruption occurs due to an illegal external intrusion, despite nanumsam having taken protective measures in accordance with relevant laws and regulations;
    12. Where the Service is interrupted to prevent the spread of an incident occurring in the Customer's information system;
    13. Where a disruption occurs in equipment, software, applications, or OS arbitrarily installed by the Customer on the nanumsam service;
    14. Where the Customer uses a free service.
  3. For all damages, losses, and causes of action arising from contract, tort (including negligence), or otherwise, the maximum cumulative liability of nanumsam shall be the greater of: (A) the total aggregate amount paid by the Customer to nanumsam for using the Service within the 6 months immediately preceding the occurrence of the circumstances giving rise to the cause of action under these conditions, or (B) USD 1,000. This limitation of legal liability is intended to enure to the benefit of nanumsam, its affiliates, and their respective successors and assigns, in any kind (including this provision and other provisions of these Terms).
  4. In certain jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, the exclusion or limitation clause may not apply to the Customer.

Article 11 (Governing Law and Jurisdiction)

  1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to principles of conflicts of law and the Customer's location.
  2. The Customer and nanumsam permanently consent to the exclusive jurisdiction and venue of the Seoul Central District Court, and waive any right to object to such jurisdiction or venue on the grounds of inconvenience. Notwithstanding the preceding paragraph, rulings and judgments of the Seoul Central District Court may be enforced in any court of the Customer's or nanumsam’s location.
(Amendments to the Terms of Service)

These Terms of Service shall take effect on July 30, 2019.