Article 1 (Purpose)
These Terms of Service (the "Terms") set forth the conditions and procedures for the use of the Factodo service (the "Service") provided by Twotone Inc. (the "Company"), as well as the rights, obligations, and responsibilities of the Company and Users.
Article 2 (Definitions)
- • "Service" refers to the Factodo MES (Manufacturing Execution System) and related ancillary services provided by the Company on a cloud basis. The Service includes sales order, purchasing, production, inventory, and shipment management features, along with dashboards, tables, kanban boards, calendars, operation scenarios, barcode management, report management, and Todo management.
- • "User" refers to any person who enters into a service agreement with the Company under these Terms and uses the Service.
- • "Account" refers to the combination of email address and password that a User sets up to access the Service.
- • "User Data" refers to all data that a User uploads, inputs, or generates through the Service, or that is generated in the course of using the Service.
- • "Plan" refers to a subscription type that specifies the scope of features, usage limits, and fees for the Service.
- • "Free Plan" refers to a Plan that provides access to a limited version of the Service at no cost.
- • "Factodo Edge" refers to on-premises software installed on the User's site computers to perform data collection, scheduling, AI anomaly detection, and related functions.
- • "Operation Scenario" refers to the functionality that allows Users to define and automate workflows using a No-Code approach.
- • "Todo" refers to a task item that is automatically generated by an operation scenario or manually created and assigned to a designated person.
Article 3 (Effectiveness and Amendment of Terms)
- These Terms become effective when posted on the Service or otherwise communicated to Users.
- The Company may amend these Terms to the extent not in conflict with applicable laws, including the Act on the Regulation of Terms and Conditions and the Act on Consumer Protection in Electronic Commerce.
- When amending the Terms, the Company shall specify the effective date and reasons for the amendment and post them together with the current Terms at least 30 days before the effective date. For amendments that are disadvantageous to Users, the Company shall provide individual notice via email or other means at least 30 days in advance.
- Users who do not agree to the amended Terms may terminate their service agreement. Continued use of the Service after the effective date of the amended Terms shall constitute acceptance of the changes.
Article 4 (Provision of Service)
- The Company provides the following services to Users: cloud-based MES (sales order, purchasing, production, inventory, and shipment management), operation scenario automation, Todo-based task management, dashboard/table/kanban/calendar views, barcode and QR code management, report generation and automatic email delivery, and other services developed or provided through partnerships.
- The Service is available 24 hours a day, 365 days a year in principle. However, the Company may temporarily suspend the Service for system maintenance, expansion, or replacement, and will provide prior notice in such cases.
- The Service may be limited or suspended in the event of force majeure, including natural disasters, wars, power outages, system failures, or excessive traffic.
- The Company may change the content, quality, and technical specifications of the Service, and will provide prior notice of the changes and effective date.
Article 5 (Accounts and Service Agreements)
- A service agreement is formed when a User agrees to these Terms, submits a registration application, and the Company approves it.
- Users must provide accurate and current information when registering and must promptly update any changes. Users bear all disadvantages resulting from providing false information.
- Users are responsible for securely managing their account credentials and may not transfer or share their accounts with third parties.
- Users must immediately notify the Company upon becoming aware of any unauthorized use of their account or security breach.
- Corporate Users may designate multiple individual users within their organization, and each individual user must use unique login credentials.
Article 6 (Fees and Payment)
- Service fees are determined based on the selected Plan and are posted on the Service website.
- Fees for paid Plans are charged in advance at the beginning of each billing period. Payment may be made by credit card, bank transfer, or other methods designated by the Company.
- If a User fails to pay fees by the due date, the Company may restrict or suspend access to the Service.
- All fees are exclusive of value-added tax (VAT), which will be charged separately.
- The Company may change fees with at least 30 days' prior notice to Users. Changed fees take effect from the next billing cycle.
- Fees already paid are non-refundable except as provided in these Terms or applicable law. However, refunds shall be provided in accordance with the Act on Consumer Protection in Electronic Commerce where applicable withdrawal rights exist.
Article 7 (Free Plan)
- The Free Plan has limitations on features and usage as separately determined by the Company. The Company may change the scope of limitations upon prior notice.
- If a Free Plan account remains inactive for 3 or more months, the Company may delete the account and its data upon prior notice.
- No availability guarantees or technical support obligations apply to the Free Plan.
Article 8 (User Data)
- Ownership of User Data belongs to the User. The Company processes User Data only within the scope necessary to provide the Service.
- Users warrant that their data does not violate applicable laws and that they have the lawful authority to upload and input such data.
- The Company does not guarantee the accuracy of User Data. Users are responsible for the accuracy and legality of data they input or upload.
- The Company may use de-identified and aggregated User Data for service improvement purposes, in a form that does not identify any specific User.
Article 9 (Prohibited Activities)
Users shall not engage in any of the following activities:
- • Activities that violate laws, regulations, or public morals through the use of the Service
- • Misappropriating another person's information or registering false information
- • Activities that interfere with the stable operation of the Service (hacking, distributing viruses, generating abnormal traffic, etc.)
- • Reverse engineering, decompiling, disassembling, or otherwise extracting the source code of the Service
- • Reselling, redistributing, or leasing the Service to third parties without the Company's prior consent
- • Any other activities that violate applicable laws or that the Company prohibits for reasonable cause
Article 10 (Intellectual Property Rights)
- Intellectual property rights in the Service and related software, designs, logos, and content belong to the Company. Users are granted a non-exclusive, non-transferable license to use the Service within the necessary scope.
- Feedback and improvement suggestions provided by Users to the Company may be freely used by the Company for service improvement purposes.
- Intellectual property rights in User Data belong to the User, and the Company uses such data only within the scope necessary to provide the Service.
Article 11 (Service Changes and Suspension)
- The Company may change or suspend all or part of the Service for operational or technical reasons. At least 30 days' notice will be given for service changes.
- Scheduled maintenance will be performed at pre-announced times. Emergency maintenance may be notified after the fact.
- The Company shall not be liable for damages caused by service suspension unless due to the Company's willful misconduct or gross negligence.
Article 12 (Limitation of Liability)
- The Service is provided "AS IS" and the Company makes no express or implied warranties regarding the completeness, accuracy, reliability, or fitness for a particular purpose of the Service.
- The Company's total liability for damages attributable to the Company shall not exceed the total fees paid by the User to the Company during the 6 months preceding the date the damage occurred.
- The Company shall not be liable for damages caused by factors beyond its control, including User negligence, force majeure, third-party misconduct, or User equipment failures.
Article 13 (Indemnification)
- Users who cause damage to the Company by violating these Terms shall be liable for such damages.
- If damage is caused to a third party due to a User's fault in connection with the Service, the User shall resolve such matter at their own cost and responsibility.
Article 14 (Privacy Protection)
- The Company protects Users' personal information in accordance with the Personal Information Protection Act and related laws of the Republic of Korea. Detailed matters regarding the collection, use, provision, and entrustment of personal information are set forth in a separate Privacy Policy.
- The Company informs Users that User Data may be stored and processed outside the Republic of Korea, and appropriate protective measures will be taken in accordance with applicable laws in such cases.
- Users who input personal information of others into the Service must obtain lawful consent from the relevant data subjects and bear full responsibility for any issues arising from failure to do so.
Article 15 (Termination and Withdrawal)
- Users may terminate their service agreement at any time through the settings menu within the Service or by contacting customer support.
- For monthly billing Users, termination takes effect at the end of the current billing cycle. For annual billing Users, termination must be requested at least 30 days before the end of the billing cycle; failure to do so results in termination at the end of the next cycle.
- The Company may terminate the service agreement if a User violates these Terms and fails to remedy the violation within 30 days of being requested to do so. In cases of material violation, the Company may terminate immediately.
- Upon termination, the Company will process User Data in accordance with applicable laws and the Privacy Policy. Users should back up any necessary data before termination.
Article 16 (Governing Law and Jurisdiction)
- These Terms shall be interpreted and applied in accordance with the laws of the Republic of Korea.
- In the event of a dispute arising from the use of the Service, the parties shall make good faith efforts to reach an amicable resolution. If no agreement is reached, either party may file a lawsuit with the competent court under the Civil Procedure Act of Korea.
Article 17 (Miscellaneous)
- If any provision of these Terms is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
- The Company's failure to immediately exercise any right under these Terms shall not be construed as a waiver of such right.
- Matters not stipulated in these Terms shall be governed by applicable laws and customary practices.
Supplementary Provision: These Terms shall take effect on March 1, 2026.