ข้อกำหนดการใช้งาน

1. Acceptance of Terms

By downloading, installing, or using SoberShield ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the App.

2. Definitions

1. "Service": The SoberShield decision-support information tool mobile application and related web services provided by Elpis Studio ("we", "us", "our")
2. "User": Any person who agrees to these Terms and uses the Service
3. "Member": A User who has completed registration and received an account
4. "Organization User": A health center, company, or other entity using the B2G management dashboard
5. "Content": Any posts, photos, AI conversations, or other material created by Users within the Service
6. "Sensitive Information": Health-related information under Article 23 of the Korean Personal Information Protection Act, including FTND/AUDIT assessment scores and drinking/smoking records

3. Account Registration

1. You may register using email, social login (Google, Kakao), or OTP verification.
2. You must be at least 14 years old to use the Service. We verify birth year at registration; if we discover an account belonging to a person under 14, we will delete the account and data immediately (Korean PIPA §22-2 / COPPA <13 in the US).
3. You must provide accurate information. You are responsible for any consequences arising from inaccurate information.
4. You are responsible for maintaining the security of your account credentials.
5. Separate Consent for Sensitive Information: For processing of health-related sensitive information (drinking/smoking records, craving logs, FTND/AUDIT assessment scores), we obtain separate consent from general personal information consent at registration (PIPA §23).

4. Services Provided

1. Drinking and smoking record management and statistics (decision-support information)
2. AI coaching (information provision; not medical/psychological counseling)
3. Location-based safe zone alerts (notifications when approaching user-defined risk zones)
4. Pre-drive safety alerts (Bluetooth integration, delivery not guaranteed)
5. Community features (posts, anonymous support — user content does not represent our views)
6. Achievement and title system
7. Savings goal management
8. Organizational management dashboard (B2G — only de-identified aggregate statistics shared with administrators)

5. Subscription Plans and Payments

1. The Service offers Free and Premium tiers.
2. The Free tier provides limited access to basic features.
3. Premium subscriptions are available on monthly and yearly billing cycles through Google Play or the App Store.
4. You may cancel your subscription through your device's subscription management settings. Access continues until the end of the current billing period.
5. Refunds are subject to the policies of the respective app store. Korean residents retain withdrawal rights under the Act on Consumer Protection in Electronic Commerce (within 7 days before digital content use begins).

6. Prohibited Conduct

You agree not to:

1. Use another person's identity or provide false information
2. Use the Service for unauthorized commercial purposes
3. Harass, threaten, or bully other Users
4. Post profanity, hate speech, or illegal content in the community
5. Interfere with the normal operation of the Service
6. Attempt to hack, reverse-engineer, or decompile the App
7. Register family member photos or names without prior consent from the family member or, for minors, their legal guardian

7. Enforcement

1. We may issue warnings, temporary suspensions, or permanent bans for violations of Section 6.
2. Illegal content may be removed without prior notice (under applicable safe-harbor takedown procedures).
3. Inappropriate usernames may be automatically rejected by our content filter.

8. Intellectual Property

1. Content you create remains your intellectual property.
2. By posting Content, you grant us a non-exclusive, worldwide, royalty-free license to display it within the Service as necessary for operation.
3. We will not use your Content for commercial purposes outside the Service.

9. Service Availability

1. We may temporarily suspend the Service for maintenance, equipment upgrades, or force majeure events.
2. We will provide advance notice of planned interruptions when possible.

10. Disclaimers

11. Privacy

Your privacy is important to us. Please review our Privacy Policy for details on how we handle your data. In case of conflict between these Terms and the Privacy Policy regarding personal data processing, the Privacy Policy controls.

11-A. Location-Based Service Terms (Korean Location Information Act §19)

1. Provider information (Art. 19(1)1): Trade name ELPIS / Business registration no. 510-29-69318 / Address 5 Gwangseo-ro 42beon-gil, 202, Suyeong-gu, Busan, Republic of Korea / Phone 010-9821-4884 / Email chrislee.krh@gmail.com
2. Rights of the personal location data subject and legal representative, and how to exercise them (Art. 19(1)2): You may withdraw consent to the collection, use, or provision of your personal location data at any time (disable location features in App settings; effective immediately), request temporary suspension of collection, use, or provision, and request access to or notification of the records confirming the use and provision of location information. Where a legal representative's consent is required, the legal representative may exercise the same rights. Requests may be sent to the contact above.
3. Content of the location-based services provided (Art. 19(1)3): (i) alerts when you approach risk zones you registered yourself (geofencing); (ii) suspected drunk-driving alerts based on vehicle Bluetooth connection; (iii) transmission of a link to your current location to emergency contacts you designated when you trigger an SOS.
4. Basis and retention period for records confirming use and provision of location information (Art. 19(1)4): Basis — Article 16(2) of the Location Information Act (automatic recording and preservation in the location information system). Retention — such records (including suspected drunk-driving alert records) are retained until you delete the record or close your account, and are destroyed without delay (within 30 days) upon account closure.
5. Purpose and retention period of personal location data (Art. 19(1)4-2): Purpose — provision of the services listed in item 3 above. Retention — raw GPS coordinates used for safe-zone classification are destroyed immediately upon classification (not stored); risk-zone coordinates and radius are stored encrypted on your device only until you delete them or close your account; coordinates included in suspected drunk-driving alert records are stored encrypted until you delete them or close your account.
6. Other matters prescribed by Presidential Decree (Art. 19(1)5 · Enforcement Decree Art. 23): Matters concerning the notification of provision of personal location data to third parties under Article 19(3) — the notification method is set out below.

Notice on provision to third parties (Art. 19(2)·(3)): The SOS feature transmits your current location to the emergency contacts you designated (third parties). It operates only when you explicitly trigger it, and the recipient, date and time, and purpose of provision are notified to you. Because you trigger each SOS yourself and pass through a confirmation step before sending, and because the recipients and the result are shown on screen immediately, the immediate-notification requirement of Article 19(3) is met.

Protection of children aged 8 or under (Art. 26): Use of location information for the protection of the life and body of children aged 8 or under, persons under adult guardianship, and similar persons requires the consent of their guardian. This Service does not provide services for that purpose.

12. Dispute Resolution (General)

1. Disputes shall be resolved through mutual consultation between you and us.
2. Pre-Suit Notice: Before initiating any legal action, the disputing party must provide written notice describing the dispute and requested relief, and attempt good-faith negotiation for at least 30 days.
3. If consultation fails, disputes shall be governed by the laws of the Republic of Korea, with exclusive jurisdiction in the Seoul Central District Court for non-US/non-EU residents.
4. Statutory Damages Cap (Korea): For statutory damages claims under Article 39-2 of the Korean Personal Information Protection Act, the per-person damages limit shall not exceed the statutory cap (currently KRW 3,000,000).
5. Statute of Limitations: Any claim arising out of or related to these Terms or your use of the Service must be brought within three (3) years after the cause of action accrues (consistent with the general statutory limitation period under Korean Civil Code).

12-A. Information Disclosure and Subpoena Policy

1. We do NOT disclose user data to third parties (including prosecutors and defense counsel) except when required by lawful subpoena or court order.
2. Upon receiving a lawful subpoena, we will attempt to notify the affected user in advance to the extent permitted by law (unless prohibited by applicable gag order).
3. User drinking and smoking records and location logs are stored on the user's device whenever feasible. Data retention on our servers is minimized in accordance with the Privacy Policy.
4. We endeavor to publish an annual transparency report summarizing law enforcement requests and our responses.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material adverse changes at least 30 days in advance, and other changes at least 7 days in advance, through in-app notifications.

14. Language

These Terms may be provided in Korean, English, and other languages. In case of discrepancy between translations, the Korean version controls for general matters; the English version controls for the US/EU resident sections (15 and 16) below.

15. Additional Rights for California Residents (CCPA/CPRA)

Residents of California have the following rights under the California Consumer Privacy Act (CCPA, 2018) and California Privacy Rights Act (CPRA, effective 2023):

1. Right to Know — Access categories and specific pieces of personal information we collect, sources, purposes, and third-party sharing
2. Right to Delete — Request deletion of your personal information
3. Right to Correct — Request correction of inaccurate personal information
4. Right to Opt-Out of Sale/Sharing — We do NOT sell your personal information or share it for cross-context behavioral advertising. (Do Not Sell My Personal Information)
5. Right to Limit Use of Sensitive Personal Information — Restrict use of health, location, and other sensitive data
6. Right to Non-Discrimination — We will not discriminate against you for exercising these rights

Submit requests to chrislee.krh@gmail.com. We will verify your identity and respond within 45 days (extendable by an additional 45 days if necessary).

16. Additional Rights for EU/EEA/UK Residents (GDPR/UK GDPR)

Residents of the European Union (EU), European Economic Area (EEA), and United Kingdom (UK) have the following rights under the General Data Protection Regulation (GDPR) and UK GDPR:

1. Article 13 — Information: Information on processing purposes, legal basis, retention, and recipients
2. Article 15 — Right of Access: Access to your personal data
3. Article 16 — Right to Rectification: Correction of inaccurate data
4. Article 17 — Right to Erasure (Right to be Forgotten): Deletion of your data
5. Article 18 — Right to Restriction of Processing
6. Article 20 — Right to Data Portability: Receive your data in a structured format
7. Article 21 — Right to Object: Object to processing
8. Article 22 — Automated Decision-Making: We do not engage in automated decision-making producing legal effects on you

International Data Transfers: We rely on EU Standard Contractual Clauses (Decision 2021/914) and Anthropic's DPA (which includes SCCs) for transfers to processors in the United States.

Submit requests or complaints to chrislee.krh@gmail.com. EU residents may also lodge a complaint with their national Data Protection Authority (e.g., UK ICO, France CNIL, Germany BfDI).

17. Korean PIPA September 2026 Amendment

Effective September 11, 2026, the amended Korean Personal Information Protection Act imposes administrative fines of up to 10% of total revenue for repeated violations or large-scale damages. We comply with this enhanced regime through periodic security audits (KISA self-assessment), data protection impact assessments, and incident response procedures.

18. US Residents — Arbitration and Class Action Waiver (30-Day Opt-Out)

1. Scope: This section applies only to US residents. For Korean residents, mandatory consumer protection laws (Act on Regulation of Terms and Conditions §14) prevail.
2. Arbitration Agreement: Unless a US resident opts out under this section, all disputes arising from use of this service shall be resolved through individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules. Where the AAA Rules conflict with these Terms, these Terms control.
3. Class Action Waiver: US residents agree to resolve disputes only on an individual basis, waiving participation in class actions or class arbitration. If this waiver is found unenforceable, disputes revert to the default procedure (§13, Seoul Central District Court).
4. 30-Day Opt-Out Right: Within 30 days of account creation, US residents may opt out of this entire section by emailing chrislee.krh@gmail.com with subject "Arbitration Opt-Out" plus your email address and UID. Upon opt-out, paragraphs 2-3 do not apply and §13 governs. No retaliation will result from exercising this right.
5. Mass Arbitration Procedures: If 25 or more similar arbitrations are filed by the same counsel or coordinating group, the AAA Mass Arbitration Rules (2024) or JAMS Mass Arbitration Procedures (2024) shall apply.
6. Exceptions: Small Claims Court actions, intellectual property infringement claims, and requests for injunctive relief are excluded from arbitration and follow the default procedure under §13.
7. Severability: If any portion of this section is held invalid, that portion is severed and the remainder of these Terms remain in effect.

Arbitration vs. Litigation — Notice of Rights: Arbitration is generally faster and lower-cost than litigation but may limit appellate rights. US residents who do not wish to be bound by this section should exercise the 30-day opt-out right in paragraph 4.

19. US Health Breach Notification Rule Compliance

We acknowledge that this service is subject to the FTC's Health Breach Notification Rule (16 CFR Part 318) as expanded on July 29, 2024. In the event of a breach affecting US residents, we will notify the FTC and affected users within 60 days. No advertising or tracking pixels (Meta Pixel, Google Analytics, Pinterest, TikTok, etc.) are integrated, and health data such as drinking/smoking logs are never shared with advertising or marketing third parties. See Privacy Policy §15 for details.

20. Billing Dispute Handling — No Account Suspension

We commit to the following:

• The mere fact that a user has requested a refund, initiated a chargeback, or disputed a payment through their credit card issuer or app store (App Store/Google Play) will not result in suspension or termination of the user's account or service access.
• This clause is a proactive commitment in response to FTC v. Match Group 2025 ($14M, where suspending accounts upon billing disputes was held to violate ROSCA).
• However, if a user obtains a refund and continues to use the corresponding paid features, we may disable only those features (the account itself remains active).

Supplementary Provision

These Terms are effective as of April 6, 2026. The May 4, 2026 v3 enhanced amendment is effective the same day. The May 13, 2026 v3.1 amendment (arbitration option, HBNR, billing dispute policy) is effective the same day.