Article 1 (Purpose)
The purpose of these terms of service is to stipulate the various matters regarding the use of TheGene Service (hereinafter referred to as "the Service"), a reagent development platform service provided by Seegene Inc. (hereinafter referred to as "Seegene"), between Seegene and users (hereinafter referred to as "Members") who use the Service.
Article 2 (Definitions)
- "TheGene Service" refers to the service for Seegene's technology sharing business, providing the entire process of reagent development and the sharing of necessary education and materials through a website connected to an online PC by Seegene or its partners.
- "Member" refers to a person who agrees to these terms of service and is granted the qualification to use the services provided by Seegene.
- "Service" refers to all services developed or used by Seegene or provided to Members through partnership agreements with other companies.
- "NewCo" refers to a partner institution or company that wishes to use TheGene Service. NewCo can use TheGene Service by registering as a partner company and having its members join as Members. The registration or withdrawal of NewCo members from TheGene Service is subject to the approval of Seegene's administrator.
- "Information" includes the identification information of Members (name, email, department, position) and all outputs and data generated during the use of TheGene Service.
- "Registration" refers to the procedure for using TheGene Service, which includes invitation-based registration and direct registration. Currently, services for individuals are not provided, and only those affiliated with NewCo registered as a partner company, excluding Seegene employees, can register and use the service.
Article 3 (Effectiveness and Amendment of Terms)
- These terms become effective by being posted or notified on TheGene Service.
- Seegene may amend these terms within the scope not violating relevant laws, and in case of amendment, the application date and reasons for amendment will be specified and notified along with the current terms on the initial screen of the service from 14 days before the application date to the application date. However, if the amendment is unfavorable to Members, it will be notified from 30 days before the application date to the application date and may be individually notified to Members via email registered at the time of joining TheGene Service.
- If Seegene clearly notifies Members that they will be deemed to have agreed to the amended terms if they do not express their intention within 30 days, and Members do not explicitly express their refusal within that period, Members are deemed to have agreed to the amended terms, and the amended terms will apply from the application date. Seegene is not responsible for any damages incurred by Members due to not being aware of the changed terms.
- If Members do not agree to the application of the amended terms, the company may apply the previous terms, and in this case, Members may terminate (withdraw) the use of the service. However, if there are special circumstances where the previous terms cannot be applied, the company may terminate the use contract.
Article 4 (Membership Registration)
- Users who wish to use TheGene Service must proceed with password registration, identity verification, and input of member information using an email account affiliated with Seegene or an email account of a partner company domain registered as NewCo in TheGene Service, and apply for membership registration by agreeing to these terms of service, the 'Consent to Collection and Use of Personal Information,' and the 'Confidentiality Agreement.'
- TheGene Service is not available for minors under the age of 19.
- Seegene, in principle, approves membership registration if there is an application as per paragraph 1 of this article. However, in the following cases, membership registration may not be approved or may be reserved:
- If the application is in violation of paragraph 1 of this article.
- If the application is made using a false name or by impersonating another person (name, email, etc.).
- If the application is made for the purpose of using the service for illegal activities or improper purposes.
- If the application is made by a minor under the age of 19.
- If the application is made by an individual not affiliated with Seegene or a registered NewCo.
- If there is a record of termination (withdrawal) under paragraph 2 of Article 7 of these terms.
- If there is no capacity in the facilities or there are technical or operational difficulties.
- If it is deemed significantly inappropriate to approve the application for reasons equivalent to items 1 to 6.
- The use contract for TheGene Service is established when the user who wishes to use the service proceeds with the membership registration process and Seegene approves it.
- If a person registers for membership by impersonating another person (name, email, etc.), all information will be deleted, and the person will be withdrawn according to paragraph 1 of Article 7 and may be punished according to relevant laws.
Article 5 (Provision and Suspension of Service)
- The service can only be used by Members who have completed the membership registration process as specified in Article 4.
- Members can freely use the service within the scope defined by these terms.
- Seegene may suspend the provision of the service in the following cases, and the service will be resumed once the reason is resolved:
- If it is unavoidable for maintenance of facilities.
- If a period communication service provider regulated by the Telecommunications Business Act suspends the telecommunication service.
- If it is unavoidable to provide the service due to natural disasters, communication accidents, facility failures, etc.
- If the service is suspended under this article, the fact will be notified through the functions within TheGene Service without delay after the suspension.
- Seegene may conduct regular and emergency inspections as necessary during the provision of the service, and the inspection time will be notified within the service.
Article 6 (Change of Service)
- Seegene may change all or part of the services provided for operational or technical needs.
- Seegene may change (including charging) or discontinue all or part of the services provided for free without prior notice for reasons such as management, policy, operation, partner circumstances, or technical reasons, and in such cases, it will be notified via the email registered at the time of joining TheGene Service. Unless otherwise specified by relevant laws, no separate compensation will be provided to Members.
- If the service is changed or discontinued under this article, the fact will be notified by posting it within TheGene Service from 14 days before the application date.
Article 7 (Termination and Dormancy of Service Use)
- Members who do not wish to use the service can immediately terminate (withdraw) the use contract for TheGene Service according to the procedures set by Seegene.
- Seegene may terminate the use contract and withdraw the Member in the following cases:
- If the Member has authenticated with false information.
- If the Member has resigned from Seegene or NewCo.
- If the Member has lost the qualifications set by Seegene.
- If the Member uses TheGene in violation of laws or these terms or engages in acts contrary to public order and morals.
- If the partner company requests the termination (withdrawal) of the Member's use.
- If the Member violates the matters specified in Article 12.
- If Seegene terminates the use contract and withdraws the Member, the fact will be immediately notified to the Member via the email registered at the time of joining TheGene Service.
- Members cannot access TheGene Service from the time the use contract is terminated (withdrawn).
- Members can file an objection within 30 days from the date of receiving the notification under paragraph 3, and if Seegene recognizes the objection as justified, the membership will be restored.
- If a Member does not access TheGene Service for one year, the account will be converted to a dormant account. An email notification of the impending dormancy conversion will be sent 10 days before the conversion to the email registered at the time of joining TheGene Service, and dormancy can be lifted by logging in and verifying the email once.
- If there is no access for one year after the account is converted to dormant, the use contract will be automatically terminated (withdrawn).
- When the use contract is terminated (withdrawn), the email, profile picture, and position information will be deleted immediately, and the data on the Member's name and department will be retained for five years from the date of termination (withdrawal). After five years, all information related to the Member will be deleted. However, information that must be retained according to relevant laws may be retained for more than five years as specified by the relevant laws.
- Withdrawn Members can re-register with the same email, but a new account will be created, and all account information linked to the existing email will be deleted.
Article 8 (Protection of Personal Information)
- Seegene collects the minimum necessary information for smooth service provision when collecting Member information and uses it only for the purpose of the service. Seegene cannot use customer information beyond the purpose specified in the service or the scope permitted by relevant laws (including transfer, entrustment, or disclosure to third parties) without prior consent from the Member.
- When Seegene collects personal information that can identify the Member, it must comply with the matters specified in the 'Consent to Collection and Use of Personal Information' and obtain the Member's consent.
- Other matters related to personal information are subject to the privacy policy separately posted on TheGene Service.
Article 9 (Restriction and Suspension of Service)
- In the event of a national emergency such as war, civil disorder, natural disaster, or similar state of emergency, or due to other unavoidable reasons such as amendments to relevant laws, binding orders from supervisory authorities, Seegene may restrict or suspend all or part of the service without prior notice.
- When Seegene restricts or suspends all or part of the service pursuant to paragraph 1, it shall promptly notify NewCo and all Members.
Article 10 (Disclaimer)
- Seegene does not bear any responsibility for the reliability, accuracy, or content of the data managed through TheGene, other than ensuring its safe management.
- Members are responsible for managing their account information, including IDs and passwords, related to the use of the service. Members are liable for any unauthorized use by third parties due to their negligence, and Seegene does not bear any responsibility for this.
- Seegene is not responsible for any inconvenience caused by the unilateral termination, change, or suspension of the service by NewCo or other reasons attributable to NewCo.
- Notwithstanding paragraph 1 of Article 13 of these terms, Seegene is not liable for any damages not caused by Seegene's intentional misconduct, including:
- Damages caused by networks and equipment beyond Seegene's control.
- Damages caused by force majeure events such as natural disasters.
- Damages caused by third parties interfering with or interrupting access to the service.
- Damages caused by third parties transmitting or distributing malicious programs.
- Damages caused by omissions, deletions, or destruction of transmitted data.
- Damages caused by restricting or suspending the service pursuant to paragraph 3 of Article 5 and Article 9.
- Damages arising from disputes between Members, or between Members and NewCo or third parties.
Article 11 (Obligations of Seegene)
- Seegene shall not engage in any acts prohibited by these terms, operational standards, or relevant laws, and shall make every effort to provide continuous and stable services as stipulated by these terms and operational standards.
- Seegene shall make every effort to protect personal information and maintain security to ensure that Members can use the service safely.
Article 12 (Obligations of Members)
- Members shall comply with the matters stipulated in these terms and relevant laws.
- Members shall not engage in any of the following acts, nor allow third parties to do so:
- Any act that may cause disruption or interruption of TheGene.
- Any act that infringes on the intellectual property rights, personal rights, or other rights of Seegene or third parties.
- Any act that uses TheGene for purposes other than its normal use or in an improper manner.
- Any act that uses TheGene to provide financial benefits to oneself or others or to cause harm to others.
- Any act that lends, transfers, or grants access rights to one's TheGene usage rights to others.
- Any act that misappropriates or uses another person's personal information without permission.
- Any act that circumvents or neutralizes technical protection measures for TheGene.
- Any act that provides, reproduces, modifies, displays, transmits, distributes, sells, broadcasts, or performs information, materials, or data provided through the service to third parties without Seegene's prior consent.
- Any other acts prohibited by Seegene's guidelines, relevant laws, or acts contrary to social norms and public morals.
Article 13 (Compensation for Damages)
- Seegene shall compensate Members for damages caused by Seegene's fault in connection with the use of TheGene service.
- If a Member violates these terms and causes damage to Seegene or receives claims for damages or lawsuits from third parties, the Member shall compensate Seegene for the damages incurred.
Article 14 (Processing and Provision of Statistical Information)
Seegene may organize and analyze personal information and service usage records collected from Members using statistical methods to create statistical data, and Seegene owns all ownership and intellectual property rights to the processed statistical data.
Article 15 (Notification to Users)
When Seegene notifies Members, it may do so via the email registered at the time of joining TheGene Service or by posting on TheGene's notice board, which will be considered individual notification.
Article 16 (Intellectual Property Rights, etc.)
- All ownership and intellectual property rights (including patents, utility models, design rights, trademarks, copyrights, etc.) to all information, materials, and data provided to Members through TheGene and Seegene belong to Seegene.
- Seegene grants Members a non-exclusive, non-transferable right to use Seegene's intellectual property rights included in the information, materials, and data disclosed under these terms within the scope of TheGene service's purpose.
- All ownership and intellectual property rights to all information, materials, data, and outputs newly generated through TheGene service belong to Seegene.
- Seegene may use the information of Members registered in TheGene service or request the provision of necessary documents from Members to proceed with registration, licensing, or other procedures for some or all of the outputs and intellectual property rights under paragraph 3. In this case, Members shall actively cooperate with Seegene's request for provision.
- Members shall not commercialize or use, reproduce, distribute, modify, manipulate, sell, or allow third parties to use any intellectual property rights related to TheGene service for any reason without permission.
- Members shall not use or post information, materials, or data that may infringe on third-party intellectual property rights when using TheGene service. Members are responsible for all civil and criminal liabilities related to intellectual property disputes arising from third-party intellectual property infringement and shall compensate Seegene for any costs and damages incurred due to such disputes.
Article 17 (Interpretation of Terms and Dispute Resolution)
- Disputes arising between Seegene, NewCo, and Members shall be resolved through mutual agreement between the parties.
- Matters not specified in these terms and the interpretation of these terms shall follow relevant laws or customary practices.
Article 18 (Jurisdiction)
Lawsuits related to disputes arising between Seegene and Members shall be under the jurisdiction of the Seoul Eastern District Court.
Article 19 (Governing Law)
The effectiveness, interpretation, and performance of these terms shall be governed by the laws of the Republic of Korea.
Addendum
These terms shall apply from December 1, 2024.