Effective Date: 2023
These Terms of Service are based on the video communication service “TOLKY” (hereinafter collectively referred to as “this Service”) provided by Pink Mobile LLC (hereinafter referred to as “the Company”) and apply to your use of the Service. By accessing and using the Service, you agree to these Terms, all amendments made to these Terms, and any user guidelines created based on these Terms. If you do not agree to these Terms, please discontinue the use of the Service.
Additional terms listed at the end of these Terms may apply to users residing in certain countries in addition to these Terms.
Section 1: General Rules
Purpose The purpose of this Service is to enable users to download and use the application on their computers or mobile devices (collectively referred to as “Device”) via the Google Play Store or Apple App Store (hereinafter collectively referred to as “Service Application”) or by accessing the website provided by the Company (hereinafter referred to as “TOLKY Web”). This document defines the rights, obligations, and responsibilities of both the Company and you. Please note that while these Terms govern legal matters between you and the Company, your relationship with the App Store is subject to each App Store’s terms and conditions.
Revision of Terms and Conditions The Company may amend these Terms at any time if deemed necessary, provided such amendments do not violate applicable laws and regulations. If the Company makes changes to these Terms, it will notify users at least 7 days in advance, specifying the content, reason, and effective date of the revision. If the revisions materially affect users, the Company will provide details and reasons at least 30 days before the effective date. Continued use of the Service after the revised Terms take effect will constitute acceptance of the changes. If a revision necessitates a refund under applicable laws, users will be entitled to a refund accordingly. However, any changes benefiting users or those required by law will take effect immediately.
External Rules Matters not specified in these Terms shall be governed by applicable laws, regulations, and the Company’s policies, including usage terms, operational policies, and individual service rules.
Notification and Communication Methods When communicating with users about this Service, the Company may post announcements on its website or within the Service Application, use the information provided by users, or use other reasonable methods as deemed appropriate. If any changes occur in the user’s registered information, the user must update the information or notify the Company. The Company is not responsible for any disadvantages or issues arising from failure to update or notify changes.
Section 2: Ownership and Licensing of This Service
Ownership of Service Content Unless otherwise stated, “TOLKY Content” refers to text, graphics, images, illustrations, designs, icons, photos, videos, and other related materials provided to users through the Service. The Service, the Service Application, TOLKY Web, these Terms, Privacy Policy, User Guidelines, other relevant documents, and TOLKY Content (collectively referred to as “Our Assets”) are protected under copyright, intellectual property laws, and other applicable legal provisions. Our Assets include trade secrets and proprietary information, and you must take all necessary steps to respect and protect such confidentiality.
The rights to all updates, modifications, and improvements to Our Assets and TOLKY Content belong to us or, in some cases, our licensors. The licensing of Our Assets does not grant you any implicit rights, licenses, or interests beyond those explicitly stated in these Terms.
Scope of the Service License You may use a copy of the Service Application in object code format on your device solely for personal use in connection with the Service. You do not have any rights to the original source code of the Service Application. You may only use the Company’s Assets for personal use as part of the Service.
If you use the Company’s Assets beyond the license granted in these Terms, the Company may withdraw or revoke your license at any time. If notification is legally permitted, the Company will inform you of the reason for revocation unless such notification would violate laws, regulations, or regulatory authority orders, or if it is reasonably determined that providing notification could harm the Company.
Scope of User Data License By downloading the Service Application, you grant the Company access to your address book, contact list, and mobile device identifiers (e.g., IMEI, UDID) in accordance with the Privacy Policy. The Company may collect and use such information free of charge for the intended purposes.
Content License When using this Service (except for content within TOLKY covered under Section 6, Article 5, Paragraph 1), if you upload or provide content such as videos, audio, images, text, branding, interactive features, software, metrics, or other data (collectively, “Content”), you grant the Company and its affiliates a non-exclusive, complete, royalty-free license to use, reproduce, modify, adapt, and create derivative works of such Content. By providing Content, you acknowledge that other users who access the Service may view and use your Content.
You may delete individual Content or delete your account to remove all Content at once. To prevent unauthorized use of your Content outside the Service, the Company may take action on your behalf to prevent third parties from acquiring or violating your Content. The Company’s license to your Content is limited to the operation, development, provision, and improvement of its public relations and new services under the Personal Information Protection Act and related laws.
Section 3: Commencement of Service Use by Users
Acceptance of Terms of Use The Service consists of basic services (available without membership registration) and membership services (accessible only to registered users). Accessing and using the Service constitutes acceptance of these Terms and all associated policies. If you do not agree, you must stop using the Service immediately.
Membership Registration Process Users may register as members by following the procedures established by the Company, and membership is completed upon approval by the Company. The Service allows login using various methods, including phone numbers. If you register using a phone number but do not link an email address, your account may be deleted under certain conditions.
You must provide accurate information during registration and are responsible for any disadvantages or legal liabilities arising from incorrect information.
The Company may reject or suspend membership registration if:
You register using a false name or someone else’s name.
You provide incorrect or incomplete information.
You are under 17 years old.
You violate laws or the Company’s standards.
Eligibility
The Service is unavailable in jurisdictions where such services are prohibited.
The Service is intended for users aged 17 and older. Attempts by users under 17 to access the Service are strictly prohibited and constitute a material violation of these Terms.
By using the Service, you confirm that you understand and comply with these Terms.
Prohibited Conduct Users must not engage in unlawful or inappropriate behavior concerning Our Assets, including but not limited to:
Using Our Assets for unauthorized purposes.
Overloading, damaging, or interfering with the Service.
Transmitting worms, viruses, or harmful code.
Violating intellectual property rights.
Posting violent, discriminatory, or inappropriate content.
The Company may restrict or terminate accounts violating these Terms, deny revenue payments, or impose purchase restrictions.
More details are outlined in the complete Terms of Service document.
Section 5: Use of Services
Section 1: Service Contents
General Rules Users shall use this service at their own responsibility and bear full responsibility for all actions performed on this service and their consequences. If a user registers a password to use this service, they must strictly manage it at their own responsibility to prevent illegal use. The company may consider all transactions made using the registered password as the user’s own transactions.
To enhance the performance or security of this service, change its functionality or structure, comply with laws and regulations, and prevent illegal activities or system misuse, we may modify the content of this service, in whole or in part, or discontinue the service at any time. As a general rule, if there are significant changes that negatively affect users or if the service is terminated, we will inform you in advance. However, in cases where prior notice is not reasonably possible, such as when necessary to enhance service security or compliance, prevent misuse, or meet legal requirements, we may notify you after the fact. If it is not possible to provide specific details of the change, the reasons will be clarified. If the user does not agree with the modification of the service content, they may be restricted from using some or all of the service functions.
We use information such as user service usage records to provide personalized services and advertisements to users. This means that some advertisements may be included in the services we offer. While using the service, you may be exposed to unsolicited advertisements. This helps us provide the service to you for free by default and forms the basis for our investment in research and development to offer better services. On the other hand, the company may display various notifications and administrative messages regarding service usage to users on the service or send them directly to the user’s email account. Additionally, where possible, we may display advertisements and other promotional messages on the service or send them directly to your email account.
We will do our best to provide the best service to our users. However, due to equipment maintenance, regular or irregular inspections for repair purposes, or other reasonable causes, the provision of this service may be temporarily suspended. Unless there is a special reason, we will inform you in advance on the service provision screen.
The company uses automated and human methods within the permitted legal and technical scope to detect content that violates applicable laws, these Terms, or User Rules, or that is inappropriate or harmful. We monitor your content in various ways. You understand and agree that we may monitor or review any content you transmit or share through the service, including video chat screens.
User Notes Depending on the region, the company may classify and operate users according to its grade management policy. In this case, the usage grade will be based on the standards determined by the company. The company may provide different service content according to the user’s grade, and the service content may change according to company conditions. The details of the application will be separately announced using the notification method specified in these Terms.
Use of Affiliated Services This service may include services or content provided by other companies affiliated with our company. The responsibility for such services or content lies with the companies providing them. Additionally, such services or content may be subject to the terms of use and other conditions set by the providing company; therefore, please refer to the terms of use, privacy policy, etc., of the providing company.
Advertisements The company may publish advertisements of the company or third parties on the service.
Definitions
“Jewels” Jewels are electronic tokens that can be used to obtain items within the service. The unit of jewels, payment methods, and other conditions related to the provision of jewels will be determined by the company and published on the service.
“Items” Items are virtual products or gifts that you can purchase or use on TOLKY. You can own or send items to other users on TOLKY. Items can be purchased within this service, including TOLKY. Items may be converted into Stars on TOLKY according to the conversion rate and policy separately announced by the company.
“Stars” You can earn stars based on your activity on TOLKY. By participating in the TOLKY Live Reward Program, you can receive star rewards. For more information, please refer to our Reward Program Policy (link).
TOLKY Lounge If you are 18 years or older, you can access the TOLKY Lounge tab and acknowledge that the matching users in the tab include AI chatbots.
Section 2: Paid Services
Purchasing Paid Services
Fixed-Rate Services When paying a fixed amount, the company provides discounts for a certain period on this service or a service that offers bonus jewels, items, rewards, or other benefits corresponding to the price (hereinafter referred to as “subscription service”). The relevant features will be provided to you.
Renewal and Cancellation of Subscription Services Subscriptions are automatically renewed every month. If you do not wish to renew your subscription, you must cancel at least 24 hours before the end of the current subscription period. We cannot cancel automatic renewal on your behalf. The cancellation method for automatic renewal is as follows:
For Android:
Open the Google Play Store app.
Select the menu and choose a subscription.
Tap the fixed-rate service app you want to cancel and select “Cancel Subscription.”
For Apple/iOS App Store:
Go to Settings and navigate to iTunes & App Store.
Tap your Apple ID. You may need to sign in or use Touch or Face ID.
Tap “Subscriptions.”
Select the subscription you want to manage.
Manage your subscriptions using the options provided.
Changes to Fixed-Rate Services The company may suspend or change the content of the fixed-rate service with reasonable prior notice. Any adverse changes to the fixed-rate service will take effect no earlier than 30 days after we notify you of the changed content. You may terminate your fixed-rate service before the change takes effect.
If you continue to use the revised fixed-rate service, you will be deemed to have accepted the revised service terms.
This document continues with further details on payments, third-party payment responsibilities, refunds, product usage duration, and policies regarding minor users’ purchases.
Section 6 – TOLKY Live
As part of the Service, the Company provides a live streaming service called TOLKY (hereinafter referred to as “TOLKY”). TOLKY may also be offered as part of other applications or platforms. The content of this section applies to your use of TOLKY.
Using TOLKY
TOLKY may not be available in certain countries or regions. If this feature is not available, this section does not apply.
TOLKY is intended for users aged 18 and above. Any attempt by users under the age of 18 to access or use TOLKY is strictly prohibited and will be considered a material violation of these Terms.
Continuing and Participating in Live Broadcasts
Within TOLKY, a Broadcast Moderator (hereinafter referred to as the “Host”) is responsible for creating and transmitting content. Hosts may assign up to three Administrators (hereinafter referred to as “Admins”) for their broadcasts.
Any content you create, transmit, or share on TOLKY must not violate applicable laws, these Terms, or the User Guidelines.
Gift Items
Users can send and receive gifts from other users participating in the distribution channel within TOLKY. However, if a user falls under any of the conditions specified in Section 8, Article 2, Paragraph 1, the gift-giving function may be restricted for that user.
If you gift an item to another user within the TOLKY Live Service, please note that the required gems will be used. Therefore, we do not provide refunds for items gifted to other users or the gems used for these gifts.
Unless required by law or subject to a final judgment or similar decision, we cannot cancel any items you have given and do not accept any liability related to this matter.
Rewards
Users can participate in the TOLKY Rewards Program and receive rewards. For users residing outside of Korea, the TOLKY Live Rewards Program Policy (link) applies regarding participation in the TOLKY Live Program.
Content Management and Usage
Using TOLKY Live
When you use TOLKY in the Service, you grant us and our affiliates a non-exclusive license to use the TOLKY Live Content you provide, including videos, audio (e.g., music and other sounds), images, photos (including profile pictures), text (such as comments and scripts), branding (such as brand names, trademarks, service marks, or logos), interactive features, software, metrics, or other data.
You grant us and our affiliates the right to sublicense, transfer, and provide a full, royalty-free license for this content.
You acknowledge that both members and non-members may view the TOLKY Live Content you provide. If you do not agree with this, please stop using TOLKY immediately.
Under the granted license, the Company and its affiliates may use, reproduce, edit, modify, adapt, perform, display, publish, distribute, lend, publicly transmit, or otherwise utilize all or part of the TOLKY Live Content.
You can delete your content individually or all at once by deleting your account. Additionally, you agree that we may act on your behalf to prevent unauthorized use or infringement of your TOLKY Live Content by other users or third parties.
The Company and its affiliates’ license to your TOLKY Live Content is limited to the operation, development, provision, and improvement of the Service, public relations, and research & development of new services, in compliance with applicable laws such as the Personal Information Protection Act.
Responsibilities of TOLKY Live Content Operators
Any TOLKY Live Content transmitted or shared via TOLKY is the sole responsibility of the user who creates, transmits, or shares that content. Unless otherwise required by law, the Company assumes no responsibility for TOLKY Live Content transmitted or shared through TOLKY.
You are solely responsible for paying any copyright fees, royalties, or other charges to third parties arising from your TOLKY Live Content.
When using TOLKY, you must comply with the following requirements. Violating any of these guarantees may lead to account suspension or termination, and you may bear legal and criminal responsibility. We will take necessary actions to minimize damage caused to third parties and our company to the extent permitted by law.
- You are the sole creator or legal owner of the TOLKY Live Content, or you have the legal authority to transmit and use the content.
- Any TOLKY Live Content you submit, share, or display:
a) Does not include information related to third-party intellectual property rights, trade secrets, or personal information, and
b) Does not violate or harm any third party’s moral rights, intellectual property rights, ownership rights, or other legal rights.
Duty of Care When Using TOLKY Live Content
Despite our efforts as stated in Section 5, Article 1, Paragraph 5, it is physically impossible for us to monitor all content users may encounter while using TOLKY. Therefore, you should use TOLKY with the full awareness of the risks involved, including content that may be disturbing, offensive, or uncomfortable.
Unless required by law, we assume no responsibility for TOLKY Live Content created, transmitted, or shared without our intervention.
If you become aware of TOLKY Live Content that may be problematic, you should report it to us instead of expecting us to intervene in related claims or disputes.
Restrictions on the Live Use of TOLKY, Including Live Distribution
If the Host violates these Terms (Section 4, Article 2, Section 4) or engages in illegal activities such as:
- Unauthorized copying, identity theft, unauthorized use of credit cards, fraud, defamation,
- Violation of the Special Act on Sexual Violence and the Act on the Protection of Children and Adolescents,
The Company, at its discretion, may restrict or revoke the user’s right to perform live distributions as a host.
If legal regulations prohibit notifying the user (e.g., notification violates regulatory laws or obstructs investigations), or if notifying the user could reasonably harm us, we may delay or refrain from informing them.