Response Collection Special Terms

These Special Terms apply to members or customers (the “Client”) who use the managed response collection service provided by Qoom Networks Inc. (the “Company”). When the Client agrees to these Special Terms through an Individual Order Form, order screen, or equivalent electronic method provided by the Company, these Special Terms shall form part of the contract between the Company and the Client with respect to the relevant managed response collection service order.

Matters not specified in these Special Terms shall be governed by the Company’s Terms of Use and Privacy Policy. However, with respect to matters directly related to a managed response collection service order, if these Special Terms or an Individual Order Form conflict with the Terms of Use or the Privacy Policy, these Special Terms or the Individual Order Form shall prevail.

Article 1 (Purpose)

These Special Terms set forth the basic conditions, fees, settlement and refund rules, liabilities, and other matters that must be agreed in advance of, or at the time of, each individual order in connection with the managed response collection service provided by the Company.

Article 2 (Definitions)

The terms used in these Special Terms shall have the following meanings.

“Survey” means a survey created by the Client through the Company’s platform for which responses are to be collected.
“Managed Response Collection Service” means a service through which the Company collects and manages survey responses by using Respondent Recruitment Channels directly operated or managed by the Company.
“Respondent Recruitment Channel” means any form of respondent network used by the Company for collecting responses, including both channels directly operated by the Company and channels operated through external partner channels.
“Response Data” means all response content collected through a Survey.
“Individual Order Form” means a document, screen, form, or equivalent electronic means in which the specific conditions of an individual managed response collection order, such as the target number of responses, targeting criteria, collection period, unit price, total amount, and quality standards, are stated or displayed and to which the Client agrees and submits.

Article 3 (Service Scope and Individual Orders)

The Company shall faithfully perform the managed response collection service in accordance with the conditions requested by the Client.
The specific conditions of each managed response collection order, including the target number of responses, targeting criteria, collection period, unit price, and quality standards, shall be governed by the Individual Order Form.
If these Special Terms conflict with an Individual Order Form, the Individual Order Form shall prevail.
These Special Terms apply to each managed response collection order between the Company and the Client, and each Individual Order Form shall form part of these Special Terms.
If the Client confirms an individual order through the Company’s system or agrees to an individual order in writing or by electronic means, the relevant Individual Order Form shall be validly formed.
Each individual order shall be governed by the specific version of these Special Terms that is indicated in or linked from the relevant Individual Order Form.

Article 4 (Respondent Recruitment Channels; Non-Storage and Non-Disclosure)

Response Data collected through a Survey shall be stored in the Company’s systems.
The Company shall operate and manage Respondent Recruitment Channels so that no party other than the Company stores, retains, or reproduces Response Data in the course of operating such channels.
The Company shall operate and manage Respondent Recruitment Channels so that the operators of such channels do not know or store the Client’s identity, company name, or personal information, other than information disclosed in the Survey itself in the course of conducting the Survey.

Article 5 (Fees and Payment)

Fees for the managed response collection service shall, in principle, be paid in advance.
The amount of the fees, payment conditions, and other related matters shall be governed by the Individual Order Form.
If the Client fails to pay the fees, the Company may refrain from commencing the managed response collection service.

Article 6 (Collection Results, Settlement, and Refunds)

The Company shall use its best efforts to faithfully perform the contracted response collection conditions.
However, due to reasonable causes such as respondent participation rates, targeting restrictions, or collection environment, the actual number of responses collected may fall short of the contracted quantity.
In such case, settlement shall be made based on the actual number of completed responses collected, and the amount corresponding to the uncollected quantity shall be refunded on a pro rata basis.
Any refund shall be paid within seven (7) business days from the earlier of the settlement confirmation date or the collection end date.
Once response collection has commenced, the order may not be withdrawn or changed, and any exceptional matters shall be governed by the Individual Order Form or a separate agreement.

Article 7 (Provision of Response Data and Responsibility)

Upon completion of the managed response collection service, the Company shall provide the collected Response Data to the Client.
The Client shall bear all responsibility for the use, analysis, processing, and utilization of the Response Data and for any results arising therefrom, and the Company shall not be liable for the Client’s method of use or for any consequences arising therefrom after providing the Response Data.
Any legal liability, liability to third parties, or disputes related to the Client’s use of the Response Data shall be borne by the Client.

Article 8 (Confidentiality)

The Client and the Company shall not disclose to any third party or use for any purpose other than the purpose of these Special Terms any business or non-public information of the other party learned in the course of entering into or performing these Special Terms, and the confidentiality obligation under this Article shall remain effective even after the relevant individual order has ended.

Article 9 (Limitation of Liability)

The Company shall not be liable for the content of survey responses, the subjective judgment of respondents, or the results of the Client’s decision-making based on the Response Data.
Unless caused by the Company’s willful misconduct or gross negligence, the Company’s liability for damages shall be limited to the total fees for the relevant Individual Order Form.

Article 10 (Effectiveness, Termination, and Cancellation)

These Special Terms shall become effective with respect to the relevant individual order from the time the Client agrees to these Special Terms through the relevant Individual Order Form or an equivalent electronic method.
When the relevant individual order ends and the necessary procedures, such as settlement and refund, are completed, the contractual relationship relating to that individual order shall terminate. However, provisions that by their nature should survive, including confidentiality, limitation of liability, and dispute resolution, shall remain in effect even after termination.
If either the Client or the Company materially breaches these Special Terms or the contents of an individual order, the other party may terminate the relevant individual order by written or electronic notice. However, settlement and refund for an order for which response collection has already commenced shall be governed by Article 6 and the relevant Individual Order Form.

Article 11 (Amendments to the Special Terms)

The Company may amend these Special Terms where there is an amendment to applicable laws, a change in service policy, or a reasonable operational need.
If the Company amends these Special Terms, it shall disclose the version, revision date, and effective date of the amended Special Terms through the service or a linked page and shall also make prior versions available for review.
The amended Special Terms shall apply only if the Client expressly agrees to the relevant version through an Individual Order Form or an equivalent electronic method in which that version is indicated or linked.
Unless otherwise agreed, the amended Special Terms shall not apply retroactively to individual orders that have already been submitted.

Article 12 (Electronic Consent and Retention of Records)

If the Client agrees to these Special Terms and an individual order through an Individual Order Form, order screen, checkbox, electronic signature, or an equivalent electronic method, such agreement shall constitute a valid expression of intent between the parties and shall have the same effect as an agreement made in writing.
The Company may retain related electronic records, including whether the Client agreed, the time of agreement, the applicable version and link of the Special Terms, and the contents of the individual order, in accordance with applicable laws and the Company’s policies.

Article 13 (Governing Law and Jurisdiction)

These Special Terms shall be governed by the laws of the Republic of Korea, and any dispute arising in connection with these Special Terms or an individual order shall be subject to the exclusive jurisdiction of the court having jurisdiction over the Company’s head office.