SPACOSA Corporation Terms and Conditions


Chapter 1 General Provisions

Article 1 (Purpose)
These Terms of Use (the “TOU”) are provided to state the rights, obligations and other related matters applicable to SPACOSA Corporation (hereinafter, referred to as the “Company”) and the Customer that has contracted the use of Location information business and the Location Based Service (hereinafter, referred to as the “Service”) provided by the Company.

Article 2 (Effect and Change of TOU)
① The TOU is provided to state the rights, obligations and other related matters applicable to the Company and the Customer in regards to all customers who use the Service developed and provided by the Company. 
② The TOU shall become effective on the date when it is posted on the service screen, main homepage or other means. 
③ The Company may amend the TOU when it deems necessary, and in such cases, Customers will be notified of such amendments to the TOU with the effective date and reason for amendments specified through a posting on the service screen or on the main homepage at least thirty (30) days prior to such amendments take effect. Notwithstanding the foregoing, any amendments to the TOU that prejudice obligations or rights of Customers will be clearly notified by electronic means such as the e-mail registered by the Customer, memo, agreement pop up when logging in, etc. or other means including making a notice on the bill. 
④ If the Customer fails to expressly refuse the amendment by the effective date thereof, despite the notification or announcement made by the Company, it will be assumed that the Customer consents to the amendment. 
⑤ The Customer may cease to use the Service and terminate the Service Use Contract if the Customer does not consent to the amended TOU. If there is a specific reason the Company cannot apply the existing TOU, the Company may terminate the Service Use Contract.

Article 3 (Rules other than TOU)
Any matters not stipulated in the TOU shall be governed by applicable laws and regulations of the Republic of Korea (“Korea”) including and without limitation, the Act on Protection and Use of Location Based Information (hereinafter, referred to as the “Act on Location Information”), the Telecommunications Business Act, the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Consumer Protection in Electronic Commerce Transactions and rules prescribed by the Company, including its detailed policy for the use of the Service.

Article 4 (Provision of Service)
① The Company shall provide Location Based Service including personal location finding, location finding of the third party, etc. to Customers. For unavoidable reasons, the Company may change, delay or not provide schedules and methods to offer each service.
② The Company shall use the personal location information that is collected through the built-in GPS chip and the means prescribed in the [Appendix 4] for the service that is provided by the Company.


Chapter 2. Service Use Contract

Article 5 (Effectiveness of Service Use Contract)
① A Service Use Contract will become effective once a potential Customer consents to the TOU for Service by selecting "I agree" or by checking "I agree" on a written application form and signing the form.  
② The Service Use Contract will become effective once the Company approves the application for the use of Service for the Customer described under Article 6.

Article 6 (Application for the Use of Service)
Customers can apply for the Use of Service by writing down or providing the following details via wired / wireless Internet or other means separately designated by the Company.
1. email
2. Name (Nickname)
3. Mobile Phone Number 
4. USIM Serial Number
5. Device Number
6. Other matters required by the Company

Article 7 (Approval and Restriction of the Application for the Use of Service)
① The Company may approve the application for the use of Service of Customers except for the cases in Section 2 and 3 of this Article.
② The Company may postpone the decision to approve the application in any of the following cases:
1. In case there is a of lack of facilities used for the Service 
2. In case the Service cannot be provided from a technology perspective 
3. In case the Service may affect other services of the Company 
4. In case it is difficult to approve the use of Service due to other reasons 
③ The Company may refuse to approve the application for the use of Service in any of the following cases: 
1. Application is made using a false name or the name of another person;  
2. Application contains false information in the required customer registration information; 
3. Application disrupts social stability, order or social norms; 
4. Application fails to meet the requirements for the use of Service stipulated by the Company.
④ The Company may limit, stop or terminate the use of Service by a Customer if it later recognizes that the application for the use of Service by a Customer is applicable to any of the cases in clause ③ of this Article.

Article 8 (Change of Information on Service Use Contract)
The Customer shall update his/her information immediately upon the change of conditions through wired / wireless Internet or other means designated by the Company. 

Article 8-2 (Level of the Service)
① The Service is available 24 hours a day, 7 days a week, as a general rule. However, the Service may be suspended temporarily for reasons related to the Company’s business or technological issues, or for a certain period of time prescribed by the Company for management purposes. In such cases, the Company shall notify the Member of the details in advance or thereafter.
② The location information may include errors in accordance with the level of applied technology.Company shall not held responsible for errors that fall within the scope of acceptable tolerance in the sense of current technology.

Article 8-3 (Change and Suspension of Service)
① The Company may restrict, change or suspend the Service, in whole or in part, in any of the following circumstances:
1. When restriction, change or suspension is necessary due to the maintenance of infrastructure, including repair of equipment/facilities for the Service;
2. When normal operation of the Service is interrupted by power failure, breakdown of equipment/facilities, congestion of usage, etc.
3. When it is not possible to maintain the Service due to various conditions, such as expiration of the contract with a service provider or legal obstacle; or 
4. When it is not possible to maintain the Service due to force majeure accidents, including natural catastrophe, national emergency, amendments to legislations, decision, disposition and order of the government, etc.
② In the event that the Company suspends the Service under Section 1 of this Article, the Company shall notify the user of such events or post an announcement online like homepage, service screen via Internet, etc.; provided, however, that the requirement to provide prior notice is inapplicable when such prior notice is impossible due to suspension of the Service caused by reasons beyond control of the Company, the Company shall notify the user thereafter.

Article 8-4 (Obligations of Customer)
① A Customer shall not conduct any of the following when using the Service: 
1. Filling in a false information or providing them to the Company when applying for or changing conditions of the use of Service
2. Defamation of others or causing any damages to others 
3. Distributing information, text, image, voice that includes contents which disrupt social stability, order or social norms to others 
4. Registering or distributing corrupted codes infected by computer viruses which may cause malfunctioning of equipments / facilities used for the Service or damage information, etc.
5. Forging a false identity or falsely presuming relationship with others
6. Conducting any other illegal or unfair acts such as interfering with the company's business or not complying with the TOU, applicable regulations, guidelines or notice
② A Customer shall pay the fee in accordance with the Contract of Use of Service until the appointed day, and shall notify a change of billing address and contact. 
③ A Customer shall provide and register required information according to the existing facts, and shall immediately update them if any change occurs.
④ The Company shall not be liable for any consequences occurred by failing to make timely notice of change of personal information or to update personal information, not complying to clause ② or ③ of this Article. The Company may restrict, change or suspend the Service in the event that the Customer conducts anything stipulated in clause ① of this Article.
⑤ A Customer shall notify and obtain consent from the person of whom the location information will be collected and the Company shall not be held responsible for any problems caused by failing to acquire explicit consent from the carrier of the GPS tracker.
⑥ When the Service period and Basic Maintenance period expire, the GPS tracker will be frozen, or cease to operate. If the Customer freezes the device for more than 2 times within a year or accumulative period of freezing within a year exceeds 180 days, the usage of the device will be automatically closed, and closed device cannot be reused for the service.
⑦ A deactivated device can be reactivated by purchasing network maintenance fee or Gper service period. It can take up to 10 working days before the reactivation after purchase of the service period, and those period for processing the deactivation will not redeemed.

Article 8-5 (Service Charges)
① “Service Charge“ refers to the charge which the Customer pays for the Service. 
② Service Charge also includes the payment for the services which the Company needs get to deliver the charged services to the customers such product sales service, etc. Services are provided for free unless otherwise indicated. In the event that the Customer uses charged services, the Company provides applicable services after encouraging the Customer to agree with the charged service and payment.
③ Paid services are charged with the virtual currency called ' Heart ' , and the validity of the virtual currency 'Heart ' is five years, after which the currency expires automatically.
④ Virtual currency 'Heart ' is only refundable within 7 days from the day of purchase, to the one who had charged ‘heart’ for oneself. One must submit required certification and documents for the refund. However, the payment fee of 10% will be subtracted. 
⑤ If you want a refund the purchased service items that you paid with ‘ Heart ’, exclude the amount calculated on a pro rata number of days with item price and refund with the ‘ Heart ’, if you purchased package goods that are applied with the dicsount rate of the various items, refund will be with the ‘ Heart ’ exclude the obtained profit by the use of the service.
⑥ Service fee refers to the service charge paying for the cost to use the network and for the service to collect the location information return it to the user.
⑦ Basic Network fee refers to the cost to maintain the device operational, not including the cost to collect GPS location information.
⑧ Terms and Conditions of Service Charges are as [Annex 3]

Article 8-6 (Enterprise Service fee)
① “Enterprise Service Fee” refers to the charge which the Enterprise Customer pays for the Service. 
② The cost of using Enterprise Services shall be chargeable by default and the enterprise can have free period for the initial installation.
③ When the contract is terminated in the middle of the contract period, charges will be calculated on a pro rata base and be refunded.
④ Terms and Conditions of Service Charges are as [Annex 3].

Article 8-7 (Method of collecting location information)
① The company also collects GPS data and personal location information through means listed in [Annex 4] with GPS chip embedded devices.
② When the company changes the method of collecting personal location information, the company is responsible to make a notice to the customers either through public announcement, such as one at the webpage or through personal notice. However, the company can make an ex post facto notice upon a contingence uncontrollable by the company.


Chapter 3 Rights of Body of Personal Location Information

Article 9 (on the Use of Location Information of Customer)
① The Company shall obtain consent from the entity of personal location information in advance, if it uses the information to provide service.
② Even if the subject of the personal information consents to the clause stipulated in the clause ① in this Article, the subject may still hold his/her decision to consent to some part of the TOU.
③ IThe consent of providing personal location information is automatically made when the subject of the personal location information invites a 3rd party as a member of the group to which the subject agrees to provide information to pursue the safety or to prevent loss of important property.
④ Whenever the company provides the personal location information to a 3rd party as described in clause ③, the subject must be notified to whom, when, and why it was provided. Even when the subject of the personal location information consents to provide one’s personal information to a 3rd party according to the process stipulated in clause ① and ③, the subject may still suspend one’s decision to consent on providing the information on a certain purpose, to a certain users, or at a certain usage.

Article 10 (Limitation on Use and Provision of Personal Location Information, etc.)
The Company shall not provide a third party with neither the personal location information of a Customer nor history of providing such information to a third party for any reason beyond the scope as specified in the Terms of Use for Location Based Service in accordance with clause ① and ③ of Article 9, except for cases where the Company has obtained consent from the subject of personal location information or that fall within the category of the following cases.
1. If the information is required to confirm the provision of location service to settle the membership fee.
2. If the information is required for a statistical survey, academic research, or market survey and it is guaranteed that personal information will be processed in a form inaccessible by unauthorized persons before it is transmitted to a third party. 

Article 11 (Rights of Subject of Personal Location Information)
① The subject of personal location information ("The Customer") may withdraw his/her consent to the use and collection of Personal Location Information by the Company as a whole or in part in accordance with clause ① and ③ of Article 9 at any time.
② The Customer may request the Company to temporarily stop to collect and use Personal Location Information at any time. In that case, the Company shall not reject the request of the Customer and should take appropriate technical measures.
③ The Customer may request the Company to have access to or to be informed of any of the following information and request a correction on those information when those data have errors. The company shall not reject the Customer's request without just reason.
1. Information on confirmation of the use and provision of Personal Location Information
2. Information on the reasons and details for providing Customer’s Personal Location Information to a third party 
④ The Company shall discard all evidential materials that confirms Customer‘s consent to the use and provision of personal location information (when the Customer withdraws his/her consent in part, only relevant materials will be discarded) when the Customer withdraws his/her consent to the use and collection of Personal Location Information as a whole or in part according to the clause ① of this Article. 
⑤ The subject of personal location information may make a request to exercise his/her right as stipulated in clause ①∼④ by personal visit, phone, Internet, etc.

Article 12 (Rights of Legal Representative)
① When the Company uses or provides Personal Location Information of a child under the age of 14 in accordance with the clauses ① and ③ of the Article 9 or the Article 10 (including the case where the subject intends to provide the information to a third party designated by the Customer), the Company shall obtain consent from his/her legal guardian. 
② The Company shall obtain consents from both a child under the age of 14 and his/her legal guardian when it provides a third party with the personal location information of the child under the age of 14 or history of providing such information to a third party for any reason beyond the scope as specified in the Terms of Use for Location Based Service, except for the following cases.
1. If the information is required to confirm the provision of location service to settle the membership fee.
2. If the information is required for a statistical survey, academic research, or market survey and it is guaranteed that personal information will be processed in a form inaccessible by unauthorized persons before it is transmitted to a third party. 
③ In accordance with clause ① of this Article, clause ② of Article 9 and Article 11 of this TOU are applied when the legal guardian of a Customer under the age of 14 consents. In this case, the legal guardian is regarded as the subject of the Personal Location Information.

Article 13 (Use of Location Information for Protection of children under 8 years of age)
① The Company assumes user’s consent if the legal guardian of a person that falls into any of the following categories (hereinafter, referred to as “Child under the age of 8 etc”) consents to collection, use and provision of Personal Location Information to protect the Child under the age of 8 etc: 
1. A child under the age of 8
2. A person adjudged incompetent
3. A person, with mental disability as defined in the Article 2, clause 2, No. 2 of the Act on Welfare of the Disabled, who can be defined as “severely disabled“ according to the Article 2, No.2 of the Act on Promotion of Hiring the Disabled and Occupational Rehabilitation (applicable only to a person registered as disabled according to the Article 32 of the Act on Welfare of the Disabled.) 
② The legal guardian of a child under the age of 8 etc. in the clause ①, refers to a person practically protecting the child under the age of 8 etc. in any of the following cases: 
1. Legal representative of a child under the age of 8 etc. or a guardian as defined in the Article 3 of the Act on Guardianship of Underage Person Residing in Protection Facility
2. Legal representative of a person adjudged incompetent
3. Legal representative of a person referred to in clause ①, No. 3 of this Article, a superintendent of residence facility for the disabled (only facilities established and operated by the state or local government) as stipulated in the Article 58, clause 1, No. 1 of the Act on Welfare of the Disabled, a superintendent of social rehabilitation facility (only facilities established and operated by the central or local government) as stipulated in the Article 3, No.4 of the Act on Mental Health, or a superintendent of mental nursing facility as stipulated in the Article 3, No. 5 of the Act on Mental Health
③ In accordance with clause ② of this Article, the Article 9 and the Article 11 of this TOU are applied when the legal guardian of a Customer under the age of 14 consents. In this case, the legal guardian is regarded as the subject of the Personal Location Information.

Article 14 (Notification to the Customer whose Location Information is Provided to Third Parties)
① Whenever Customer’s Personal Location Information is provided to a third party designated by the Customer, the Company shall promptly provide the Customer through SMS to the telecommunication device collecting the location information with the information regarding to whom, when, and on what purpose the information was provided.  
② The Company shall notify the Customer through the mobile phone specified by the Customer, or through the e-mail in any of the following cases. 
1. In the case that the telecommunication device which collected Personal Location Information does not feature SMS, voice or video receiving functions
2. In the case that the subject of Personal Location Information has requested the Company in advance to notify him/her by an email or a telecommunication device other than telecommunication device collecting Personal Location Information.
③ When the Company, as part a service to a business enterprise, needs to provide personal information to a third party, the Company shall notify the subject of the location information that the information will be collected, used, and provided to a third party and obtain consent of the subject to the collection, utilization, and provision of the information.


Chapter 4 Legal Basis on Retaining Record of Collection, Usage, and Provision of Location Information and the Retaining Period

Article 15 (Retention and Disposal Of Personal Location Information)
① The Company shall automatically record the data related to the collection, usage and provision of Personal Location Information of Customers on its location information system on the bases of Article 16, Seciton 2 of the Act on Protection and Use of Location Information for the purpose of calculating service charges and handling customer’s claim
② The Company shall keep the data related to the collection, usage and provision of Personal Location Information of Customers on its location information system for 6 months from the time of the collection and should discard all other personal location information right after the day of collection. However, the Company may preserve the data related to the collection, usage and provision of Personal Location Information of Customers when it is needed to according to The Basic Law for National Taxes, the Corporate Tax Act, The Act on Value Added Tax and other related laws. 
③ As for the Customer’s Personal Location Information, the Company may keep the information for 6 months when it is deemed necessary to retain to calculate service charges or the handle customers’ claims, in which case the information shall be discarded after the period of 6 months.


Charter 5 Details of Location Based Service 

Article 16 (Service)
① The Company provides the following services. 
1. FAMY (www.myfamy.com) Web Service and Mobile Web Service 
2. FAMY (www.myfamy.com) Smart phone Application
3. CATCH LOC(www.catchloc.com) Web Service & Mobile Web Service
4. CATCH LOC(www.catchloc.com) Smart phone Application
5. Gper(www.gper.me) Web Service & Mobile Web Service
6. Gper(www.gper.me) Smart phone Application
7. I AM HERE WHERE ARE YOU Smart phone Application
② The Company provides the following services by using location and status information provided from Customers 
1. Displaying location information of Customers who consent to the use of personal location information 
2. Displaying location information of Customers who consent to the use of personal location information on a map and list screen
3. Displaying on a map and list screen locational paths of Customers who consent to the use of personal location information
4. Making a silent call to Customers who consent to the use of personal location information according to location and status information of Customers 
5. Displaying information of location devices (ex. Beacon, Wi-Fi devices etc.) near the Customers’ smart phones
6. Displaying location information that are transmitted through the GPS Tracker of the Customers
③ The Company provides smart phone application service, location based web service and mobile web service to location based businesses.


Chapter 6 : Customer protection

Article 17 (Establishment of dedicated team for the protection of customer information)
① The Company shall organize and operate dedicated customer protection team to handle VOCs to protect customer's information and provide stable service to Customers.
② The Company shall designate at least one dedicated employee from the dedicated team to protect Customers and handle VOCs.

Article 18 (Customer information protection method)
① The Company shall not disclose the customer information to anyone but the Customer him/her self except for the following cases; 
1. If stipulated by Telecommunication Act or Other Acts.
2. If requested by KCC(Korea Communications Commission) or KCSC(Korea Communications Standards Commission)
3. If requested by a government agency on the purpose of criminal investigation conducted on the basis of the applicable law.
② A Customer may request the Company to access his/her information and the history of providing his/her information to others in accordance with clause ① of Article 30 in the Information and Communications Networks Act.

Article 19 (Customer complaints process procedure)
① If a Customer raises objectively, physically, and technologically legal complaint to the Company, the Company shall handle the complaint at the earliest possible and the compensation related to complaint should be made according to the Article 21.
② The Company shall try its best with its dedicated customer protection team to prevent recurrence of complaints defined in Article 1.
③ The detailed manners of handling customer’s complaints are described in [Appendix 5]

Article 20 (Oblication of the Company in the event of the Service termination or suspension)
① In the event of partial or complete termination of the service due to a technical or managerial reason, the Company should notify clients 30 days prior to the day of termination or suspension of the service through App push, banner message, or other means possible and should post an announcement at Company website(www.spacosa.com). 
② When making a notification of the suspension or termination of the service as stated in the clause ①, the Company shall not be held liable for the problems generated by the customer having his/her App push message off.

Article 21(The scope and the payment of Indemnification)
① The Customer may claim for any damages caused by the Company's violation of the Article 15 or 26 of the Act on Protection and Use of Location Based Information.
② If the company fails to deliver the service to a Customer for more than 3 consecutive hours or for more than 6 hours in total for 1 month, the Customer can claim for a compensation of the fees equivalent to 6 times the duration of service failure. (the duration of service failure will be counted from the earlier moment between the time the Customer made a notice to the Company about the failure and the time the Company recognized the failure) Exceptions to this rules are the cases caused by natural disasters or acts attributable to the Customer as stated below;
1. In the case of an event of any force majeure or national emergency.
2. In the case of failure to provide service due to technological limitations of telecommunications to reach certain geographic regions, alteration of geographic landscape, or interference of radio wave etc.
3. In case the failure is attributable to the Customer.
③ The Customer shall indemnify the Company for any damages caused by his/her unlawful acts or breach of the TOU in the course of his/her use of the Service.
④ If The Company was informed of the failure of the service by the Customer, the Company shall take action to resume its service and notify the Customer when the service is recovered.
⑤ The Company shall manage a VOS log or establish a system to keep record of details of failure and measures, such as failure time, time of notification, countermeasures taken for restoration, time of recovery and others.
⑥ The Customer shall provide the Company with the reason and the estimate amount for restitution by letter, e-mail, phone, or message through the Company website.

Article 22 (Dispute Resolution)
① A settlement for any dispute between the Company and the Customer regarding the Service shall be negotiated in good faith between them to seek an amicable resolution.
② The Company can bring the case to Korea Communications Commission for mediation on the basis of the Article 28 of the Act on Protection and Use of Location Based Information, when a dispute between the Company and a Location Based Service provider cannot be resolved through mutual arrangement, and request the Personal Information Dispute Coordination committee for mediation of a dispute between the Company and the Customer according to the Article 43 of the Act on the Protection of Personal Information.

Article 23 (Limitation of Liability)
① The Company shall not be liable for any failure to provide the Service when the failure is caused by any force majeure event.
② The Company shall not be liable for any interruption of the Service when the interruption is caused by a reason attributable to the Customer.
③ In no event shall the Company be held responsible for any loss of expected earnings of the Customer by using of the Service. 
④ The Company shall not be liable for any failure to provide the Service due to technological features such as unpredictability of blind spot due to diffraction of radio wave and necessity of constant maintenance of the equipment for performance improvement.


Chapter 7. Others

Article 24 (A Person in Charge of Location Information Management)
① The Company shall designate a person who can take full responsibility to properly manage and protect location information and handle Customer complaints as a person in charge of location information management.
② The person in charge of location information management is a team leader of the department in charge of provision of Location Based Service, and its details are same as Appendix 2 as below.

[Supplementary Provision]
(Effective Date) This TOU shall become effective as of July 30, 2013.
(Effective Date) This TOU shall become effective as of October 23, 2014.
(Effective Date) This TOU shall become effective as of August 7, 2015.
(Effective Date) This TOU shall become effective as of March 16, 2016.
(Effective Date) This TOU shall become effective as of June 30, 2016.
(Effective Date)This TOU shall become effective as of January 9, 2017.
(Effective Date)This TOU shall become effective as of September 30, 2017.
(Effective Date)This TOU shall become effective as of May 30, 2018
(Effective Date)This TOU shall become effective as of July 11, 2018


[Appendix 1] *Contract of the Company *
Company Name : SPACOSA Corporation
E-mail : support@spacosa.com


[Appendix 2] *Person in charge of location information management *
Company : SPACOSA Corporation
E-mail : support@spacosa.com


[Annex 3] *Service charges and conditions*
1. Service Fees for Company

Standards Price
Collect & share the location of a fixed target Montly US 10$ / target
Collect & share the location of unspecified target Montly US 10$ / 50,000 Query

Option Price
Use API Price increased by 10 %
Use SDK Monthly US 500$ / APP
Use Beacon Contact Us
Full Customization Contact Us
GPS Tracker Contact Us

2. Service Fees

Product Description pre-paid fee
GPS Tracker Through the device using a GPS, the collected location information is provided to a mobile phone , web , etc.

- SOS function
Including Service fee and data charges

- Monthly US 5~10$ (VAT not included)
Prorated according to the period
Basic Network Fee Network fee to keep the device online - US 1$ (VAT not included)

[Annex 4] How to collect location information

The company provides and collect the location information in the following manner .

Description Collecting and Delivering Process
Location information using the base station The method is to transfer the collected cell id , lac , mcc , mnc such to the location server, and notice the pre-calculated location to the location server
Location information using the Wi-Fi The method is to transmit the collected WiFi Mac , signal strength, etc. to the location server, and notice the pre-calculated location to the location server
Location information using the GPS The method is to capture the GPS satellite signals and to calculate the location by triangulation measurement
Location information using the BLE Device Mobile : The method is to measure the location of the BLE Device based on the location of the local area of the BLE Device user
Stationary : The method is to measure user’s location around the area based on location information of the fixed BLE Device which is set in advance

[Appendix 5]

Customer VOCs handling procedures are as follows.

VOC type procedure measure duration
Payment 1) Receiving VOC through E-mail, CS center.

2) Determine person in charge by VOC type

3) Determine countermea sure and general direction to handle the problem

3) Notify Customer
(Phone or Email)

Basic principle is solving the problem within 3days and explain the cause within 2 days, if this is not possible, provide rational reason to the Customer. within 3 days
Product Delivery Basic principle to deliver the product within 2days, if not possible, provide rational reason to the Customer. within 2 days
Faulty Product Confirm the product is faulty and replace the product. within 3 days
Network Quality problem Share the reported problem with Network Telecommunication company and coordinate to solve the problem. if improvement is practically difficult, provide rational reason to the Customer based on the opinion from the Telemecommunication Company. within 7 days