Terms of Service
Welcome to MUAH, a personal meditation space made to hold your quiet moments and help you reconnect with yourself.
Thank you for using MUAH (the "Product") provided by NP Inc. (the "Company"). The Company has established these terms (these "Terms") so that you may use the Product more conveniently and clearly. These Terms set forth the rights, obligations, responsibilities, and other necessary matters between the Company and users, so please review them carefully. All features and content accessible through use of the Product and the app are collectively referred to as the "Service".
Article 1 [Purpose]
These Terms are intended to set forth the rights, obligations, responsibilities, and other necessary matters between the Company and users regarding the use of the Company's user-customized XR wellness experience service, applications, websites, and other services.
Article 2 [Definitions]
① The terms used in these Terms are defined as follows.
"Company" means NP Inc. and its affiliates as the business operators providing the Service.
"MUAH" means the space-based Product provided by the Company, which includes a meditation housing that can accommodate one person, Meta Quest 3, Galaxy Tab S10 FE Plus, occupancy detection sensor, scent diffuser device, other electronic-device accessories, lighting, and related components. Software required to use the Service is installed on the Meta Quest 3 and Galaxy Tab S10 FE PLUS.
"MUA Mirror" means software developed by the Company, provided installed and running on the tablet, that uses the camera built into the tablet to collect the user's biometric signals in a contactless manner and infer the user's emotional state. It may be used by members or non-members.
"Biometric Data" means biometric signal information for analyzing the user's condition, such as heart rate, heart rate variability, blood pressure, stress index, and fatigue level.
"Emotional Data" means emotional states, such as relaxed, amused, or happy, that are directly selected by the user or inferred by analyzing Biometric Data.
"User" means a person who may continuously use the Service provided by the Company. Users include members, non-members, and administrators.
"Member" means a user who has registered for the Service and holds a unique ID and may continuously use the Service provided by the Company. Members include administrators, members of registered companies or institutions, organization members, and related persons.
"Non-member" means a person who uses the Service and functions within the scope permitted by the Company without registering for the Service.
"Administrator" means a person who provides the Service to members or related persons of a company, institution, or organization. An Administrator has the authority to approve Service usage permissions according to the status and relationship of members and may access organization-level aggregated data within the scope set forth in these Terms. An Administrator may not access sensitive information, such as individual members' Biometric Data or Emotional Data.
"Member Information" means personal information and identification information entered in the application form by a person applying for membership through the Product, as well as Biometric Data and Emotional Data accumulated through use of the Product.
② Except as provided in Paragraph 1 of this Article, the definitions of terms used in these Terms shall be governed by applicable laws and regulations and general practices.
Article 3 [Posting, Explanation, and Amendment of Terms]
The Company posts the content of these Terms, its trade name and representative's name, manufacturing location, business location, management location (where user complaints may be handled), address, telephone number, email address, business registration number, mail-order business registration number, personal information protection officer, and other information on the Company's Service screen so that users can easily identify them.
Before a user agrees to these Terms, the Company provides sufficient guidance and obtains the user's confirmation so that the user can understand important matters set forth in these Terms, such as Member Information.
The content of these Terms shall be posted within the Product or notified by other means, and shall take effect for all users who agree to these Terms.
The Company may amend these Terms when necessary, to the extent that such amendment does not violate applicable laws and regulations. If these Terms are amended, the Company will, in principle, notify or inform users of the amendments from seven (7) days before the effective date. If the amendment is unavoidably unfavorable to users, the Company will provide individual notice at least thirty (30) days before the effective date.
When the Company provides notice or notification under the preceding paragraph, if a user does not express refusal by thirty (30) days after the effective date of the amended Terms, the user shall be deemed to have agreed to the amended Terms.
A user has the right not to agree to the amended Terms. If a user does not agree to the amended Terms, the user may discontinue use of the Product and choose to terminate the usage agreement. However, if the user does not agree to the amended Terms, use of the Product may be unavailable.
These Terms shall, in principle, apply from the date the user agrees to these Terms until termination of the usage agreement. However, certain provisions of these Terms may remain effective after termination of the usage agreement.
Matters not stipulated in these Terms and the interpretation of these Terms shall be governed by the Act on the Regulation of Terms and Conditions and other applicable laws and regulations or commercial practices related to the Service.
Article 4 [Usage Agreement and Information Protection]
Membership Registration
1) A usage agreement between the user and the Company is formed when a user who wishes to register as a member enters the required information in the form prescribed by the Company, indicates their intent to agree to these Terms and the Personal Information Collection and Use Consent Form, and the Company accepts such registration.
2) If any information entered at registration changes, the member must immediately update it on the Product page or notify the Company of the change by email or other means. The Company shall not be liable for any disadvantage or incident arising from the member's failure to notify the Company of such changes.
Restrictions on Membership Registration
1) The Company may refuse to approve membership registration, or may terminate or restrict the usage agreement after registration, in any of the following cases.
Article 5 [Use of Service]
Persons Eligible to Use the Service
Users may use the Service only if they are fourteen (14) years of age or older and are not prohibited from using the Service under the laws of the relevant country.
Purpose of Collection and Use
The collected information is used for purposes of providing personalized wellness content, analyzing user status, and improving the Service.
The Company processes such information securely in accordance with applicable laws and its Privacy Policy, and does not provide it to third parties without the user's explicit consent.
Items Collected
The Company may collect and use the following information to provide the Service.
• "Biometric Data" (heart rate, heart rate variability, etc.)
• "Emotional Data" (results of emotional-state analysis)
• Service usage information (content usage time, usage records, etc.)
The Company may collect and analyze the user's Biometric Data through contactless measurement.
Details on specific items collected, methods of collection, and processing can be found in the Privacy Policy.
Processing of Sensitive Information and Separate Consent
When processing sensitive information, such as "Biometric Data," the Company obtains separate consent in accordance with applicable laws and regulations. Users have the right to refuse such consent, and if they do not consent, use of all or part of the Service may be restricted.
Protection, Processing, and Storage of Personal Information
The collection, use, retention, and protection of personal information shall be governed by the Privacy Policy.
Retention and Use Period of Personal Information
The retention and use period of personal information shall be governed by applicable laws and regulations and the Privacy Policy.
Data Ownership
Rights to data provided by users belong to the users. However, the Company may pseudonymize personal information in accordance with the Personal Information Protection Act and other applicable laws and use it in a form that cannot identify a specific individual for the provision, operation, and improvement of the Service, as well as for joint research with third parties and commercial research.
Administrator Functions
If a user uses the Service through a specific company, institution, or organization, the Company may provide organization-level aggregated data to the administrator of the user's organization (such as HR personnel) only if the following conditions are satisfied.
1) The data is aggregated from five (5) or more members and is in a form that cannot identify any specific individual (provided that the minimum number of persons for aggregation may vary depending on the organization's status at the time of purchase, and prior notice will be given in the event of any change).
2) The data does not include individual-level information, such as individual members' Biometric Data, Emotional Data, or session-by-session usage records.
3) The provided items are limited to the organization's averages, usage frequency, usage status by content type, and aggregated wellness indicators.
At the time a user signs up for the Service through their organization, the Company informs the user of the fact and scope of the data provision described above. The user has the right to refuse this. Refusal will not restrict use of the Service, but certain usage rights and benefits provided by the user's organization may be restricted. In such case, the Company will notify the user in advance.
An Administrator may not access or view data of individual members other than the aggregated data set forth in this Article. If an Administrator violates this and accesses individual data without authorization, the Company may immediately suspend the Administrator's authority.
Right to Refuse Consent and Disadvantages
Users may refuse consent to the collection and use of personal information and sensitive information.
However, as such information is essential to the provision of the Service, if a user refuses consent, use of all or part of the Service may be restricted.
Changes to Terms or Service
The Company reserves the right to revise these Terms at any time. If these Terms are revised, the revised Terms will be delivered to users through the website or other contact methods. If a user does not agree to the revised Terms, the user may stop using the Service within thirty (30) days. If the user continues to use the Service thirty (30) days after distribution of the revised Terms, the user shall be deemed to have agreed to the revised Terms. If the user does not agree to the revised Terms, the user must stop using the Service. As the Service continues to change over time, the Company may change or discontinue all or part of the Service at any time after giving separate notice. The Company reserves the right to unilaterally distribute patches, updates, or upgrades for the Service.
Termination
The Company may restrict or terminate use of the Service only when there is a legitimate reason, such as a violation of applicable laws or these Terms. Users may also terminate or delete their account at any time by sending an email to muacs@npinc.co.kr. Even if a user's account is terminated, certain provisions, such as those relating to ownership, warranty disclaimers, limitation of liability, and dispute resolution, shall survive by their nature.
Disclaimer
The user understands and agrees that, to the extent permitted by applicable laws, the Company and its officers, employees, and agents shall not be liable to the user for any claims, disputes, demands, damages, costs, or expenses arising from (1) the user's access to or use of the Service or Content, (2) the user's Content, or (3) the user's breach of these Terms. This shall not apply in cases of the Company's willful misconduct or gross negligence.
Article 6 [Ownership and Deletion of Content; Liability]
Definitions
For purposes of these Terms, "Content" means all types of works, including text, images, video, music, effects, software, and any information or other materials generated, posted, or provided through the Service. "User Content" means any Content provided by a user through the Product.
Rights to Content Ownership
Subject to the foregoing, the Company and its licensors exclusively own all rights, title, and interest in and to the Service and Content, including related intellectual property rights. Users acknowledge that the Service and Content are protected under Korean copyright, trademark, and other laws. Users agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices included in or accompanying the Service or Content.
Rights to User Content
By using the Service, the user grants the Company a non-exclusive, royalty-free, worldwide right to use, copy, modify, create derivative works from, distribute, and publicly display User Content within the scope of the following purposes.
1) Operation, provision, and maintenance of the Service
2) Improvement of Service quality and development of new functions
3) Research and statistical analysis in a de-identified form
However, Biometric Data and emotion inference results are excluded from the scope of this right, and the processing of such information shall be governed by Article 5 and the Privacy Policy. This right shall survive, within the scope of its purposes, with respect to Content provided before the user's termination of use and termination of the agreement.
Deletion of User Content
A user may delete User Content by specifically identifying it. However, in certain cases, some User Content may not be completely deleted, and copies of User Content may continue to exist (e.g., posts or comments posted by the user). The Company shall not be liable for the deletion of such User Content unless caused by the Company's willful misconduct or gross negligence.
Access to the App
The following terms apply to any app accessed or downloaded through any app provider (e.g., Meta Quest Store). The user acknowledges and agrees as follows:
1. These Terms are entered into between the user and the Company, not the app provider, and the Company, not the app provider, is solely responsible for the app.
2. The app provider has no obligation to provide maintenance or support services with respect to the app.
3. If the app fails to conform to any applicable warranty, the user may notify the app provider, and the app provider shall have no other warranty obligation with respect to the app. Any other claims, losses, liabilities, or damages arising from failure to conform to a warranty shall be the sole responsibility of the Company.
The user represents and warrants that the user is not located in a country designated by the Korean government as supporting terrorism or posing a risk to national interests, and is not listed on any prohibited or restricted company list maintained by the Korean government.
To use the app, the VR headset must meet certain system requirements. These requirements can be found on the Company's site and in the app information provided by the app provider.
Third-Party Services: Links to Third-Party Websites or Resources
The Service may contain links to third-party websites or resources. The Company provides these links for convenience. The Company is not responsible for any content, products, or services provided or available through links to such websites or resources. The user is solely responsible for all risks arising from use of third-party websites or resources.
Article 7 [Dispute Resolution]
Governing Law
The user agrees that all disputes and claims arising from these Terms shall be governed by the laws of Korea, without regard to conflict-of-law rules, and that the Seoul Central District Court shall have exclusive jurisdiction over such disputes and claims.
General Dispute Resolution
Disputes can be costly and time-consuming for both the user and the Company. Unless otherwise specified, if any dispute matter (a "Claim") arises, the user must contact muacs@npinc.co.kr for at least thirty (30) days to resolve the matter or present the Claim in order to expedite resolution and reduce costs. The user and the Company agree that the party asserting a Claim must first attempt to negotiate informally with the other party. To initiate such negotiation, the claiming party must send the other party a notice that sufficiently describes the Claim. The Claim Notice must include the following information.
A. Name of the claimant
B. Physical mailing address of the claimant
C. ID of the account related to the Claim
D. Email address registered to the account related to the Claim
E. Facts sufficient to review the validity of the Claim (including the amount of damages claimed and the basis for calculating such damages)
This dispute resolution procedure begins when the user provides the Claim Notice.
Arbitration Agreement
If the claimant has sent a proper Claim Notice and has attempted to negotiate for dispute resolution for at least thirty (30) days but the dispute has not been resolved, either party may commence arbitration proceedings. A party wishing to commence arbitration must submit a written request for arbitration in accordance with the arbitration rules and the procedures of the applicable arbitration institution.
If the Company initiates arbitration against the user, the Company shall bear all costs related to the arbitration. If the user initiates arbitration against the Company, the user shall bear the non-refundable filing fee and any other applicable fees required by the arbitral institution. If the user chooses to retain an attorney, the user shall bear the user's attorney's fees and all related costs unless otherwise required by applicable law.
In general, in consumer disputes, arbitral institutions require companies, rather than consumers, to bear such costs regardless of the outcome. The Company may request that the arbitrator require the consumer to bear arbitration costs only in limited circumstances (as specified in the rules or as permitted by the law applicable to the Claim). However, please note that if the user brings a Claim in bad faith or without reasonable basis, or if the user violates the arbitration rules during the arbitration, the Company may request that the arbitrator impose sanctions against the user, which may include a decision requiring the user to bear arbitration costs.
Arbitration Costs
Pursuant to Article 50 of the International Arbitration Rules of the KCAB (Korean Commercial Arbitration Board), if the amount in dispute is KRW 500,000,000 or less, or if the parties have agreed to the application of the expedited procedure, the arbitral tribunal shall determine the appropriateness of document-only proceedings and render an award based on written submissions without a formal hearing (except where the arbitrator determines that a formal hearing is necessary). If the amount in dispute exceeds KRW 500,000,000, the hearing shall be conducted by video or telephone unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is necessary and the user resides in Korea, the hearing shall take place in Seoul, Korea. However, if the arbitrator determines that holding the hearing at the above location would impose an undue burden on the user, the in-person hearing may take place in the state where the user resides.
Article 8 [Special Notices]
Medical Treatment
The Product does not provide medical advice or diagnosis. This Service is not intended to replace medical advice, diagnosis, or treatment, and all Content provided through the Service is offered for informational and entertainment purposes. The user acknowledges and agrees that (1) the Product is not a healthcare provider or wellness instructor, (2) the Service (including personalized meditation content recommendations and all information provided through the Service) may not be appropriate for the user, and (3) the Product is not responsible for any results that may be obtained from use of the Service. The user acknowledges and agrees that it is the user's responsibility to consult their personal physician regarding any medical condition or disability that may prevent or restrict use of the Service. The user also understands and agrees that the user is solely responsible for following the recommendations of their personal physician regarding such medical restrictions and using the Service in accordance with the advice of their personal physician. In addition, the accuracy of Biometric Data provided through the Service may be limited depending on the measurement environment and technical limitations, and such data should be used for reference purposes only.
Health and Safety
Using the app through a VR headset may cause unintended physical side effects, such as motion sickness or disorientation. It may also aggravate the user's underlying disease or medical condition. The user expressly waives any responsibility of the Service for risks inherent in the use of virtual reality software, and the Company shall not be liable to the user under any cause of action or theory of liability arising from such risks, except in cases of the Company's willful misconduct or gross negligence.
Commercial Use
The Service is provided for the user's personal wellness and meditation purposes. The user may not use the Service, functions, or Content for commercial or business purposes. However, if a company, institution, or organization introduces and provides the Service for the wellness benefits of its members (employees, members, etc.) and enters into a separate affiliation or partnership agreement with the Company, the Service may be used commercially within the scope of that agreement. If a separate agreement conflicts with these Terms, the separate agreement shall prevail.
Improvements
The Company welcomes opinions and suggestions for improving the Service ("Improvements"). Improvements may be submitted by email to muacs@npinc.co.kr. The Company may use opinions and suggestions provided by users to improve the Service. Accordingly, the Company shall have no obligations with respect to such Improvements and may freely reproduce, use, disclose, display, present, modify, create derivative content from, and distribute them to others without limitation. The Company may freely use any ideas, concepts, know-how, or techniques contained in such Improvements, without limitation in connection with development, manufacturing, marketing, or any other activities.
Multi-User Provision
Certain groups (e.g., companies and educational institutions) (each, a "Group") may purchase and provide the Service for use by their employees or members. In some cases, such Groups may supplement these Terms with their own terms, which may include the assignment of unique numbers for use of the Service or additional measures related to use. In such case, the additional Group terms will also apply to the user's use of the Service. If such additional Group terms conflict with these Terms, the additional Group terms shall prevail.
Collection of Minors' Data
The Company does not collect or use personal information of children under the age of fourteen (14), and accordingly children under the age of fourteen (14) are restricted from registering for and using the Service.
Minors aged fourteen (14) or older and under nineteen (19) must use the Service with the consent of their legal representative in accordance with applicable laws and regulations.
If the Company becomes aware that personal information of a child under the age of fourteen (14) has been collected, it will take necessary measures, such as deleting such information without delay.
Contact
If you have any questions about these Terms or our Service, please contact us using the information below.
Email: muacs@npinc.co.kr
Phone: 02-555-9287 (10:00-17:00 KST)
Address: 8F, 128 Dosan-daero, Gangnam-gu, Seoul, Republic of Korea, NP Inc., VUE Division / 06039
