LEMES Terms

LEMES

TERMS OF SERVIC

These terms of service (“Terms”) apply to any user (“User” or “You”) using the current and

future versions of the education application service “LEMES” and its various and next

versions of the software programs and related documentation being installed by you on your

device (the “Software”) owned and provided by Pontis Co.,Ltd. (the “Company”“We” or,“Us”).

PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERIVCE. THIS IS A

LEGAL AGREEMENT BETWEEN YOU AND Pontis CO., LTD. TERMS APPLY TO ALL

USERS WHO USE THE SERVICE, LEMES BEING INSTALLED BY YOU ON YOUR

DEVICE. YOU ACKNOWLEGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO

BE BOUNG BY THE FOLLOWING TERMS AND CONDITIONS, AND AGREE TO BE

BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY

ADDITIONAL GUIDLEINES AND FUTURE MODICIATIONS) AND BY LEMES’S PRIVACY

POLICY. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE IMMEDIATELY

TERMINATE YOUR USE OF LEMES.

1. Acknowledgement

This passage applies if you've acquired the Software from app marketplaces

like the Apple App Store or Google Play. Both LEMES and you recognize that

this Terms of Use agreement pertains exclusively to LEMES and you, not the

app marketplaces. LEMES, rather than the marketplaces, bears sole

responsibility for the Software, Services, and their content. The aim is not to

establish less stringent usage rules for the Software and Services compared to

the Usage Rules outlined for Licensed Applications, nor to conflict with the

app marketplaces' Terms of Service as of the current date, which you confirm

you've had the chance to examine.

2. Updates on Terms of Service

The Service can change these Terms at any time without prior notice. If you

keep using the Service after any changes to these Terms and Services, you

agree to the updated Terms automatically. Therefore, it's wise to check the

posted Terms of Service on the Service regularly.

3. Ownership and Relevant Licenses regards to LEMES

If not explicitly stated otherwise,

"LEMES contents" include text, graphics,

images, illustrations, designs, icons, photos, and related expressions offered

to Users within LEMES. Unless compelled otherwise by law or agreement, all

exclusive ownership rights to LEMES, the LEMES App, the service website,

these Terms, Privacy Policy, User Guidelines, and any associated

documentation and data, LEMES contents (collectively referred to as the

"Company Assets"), as well as the organization and presentation of LEMES

contents, belong exclusively to the Company.You're licensed to use only the object code version of the LEMES App; you

have no rights to the original source code. The Company Assets are

designated for personal use within LEMES exclusively.

4. Restrictions

(a) Replicating, altering, adapting, translating, distributing, or generating

derivative works based on the Software or any of the Services.

(b) Sub-licensing, leasing, assigning, selling, exporting, or otherwise

transferring rights in the Software or Service, any such attempt being void.

source code, underlying ideas, user interface techniques, or algorithms of the

Software or any Services through any means.

(d) Removing, concealing, or modifying any copyright or proprietary notices

on or connected to the Software or any Services.

(e) Utilizing the Software or any Services to develop or propagate viruses or to

bypass copy protection or other digital rights management mechanisms.

5. Utilization of Device

If your utilization of the Software or Services relies on the bandwidth provided

by a third party, you acknowledge and agree that your permission to use the

Software is contingent upon obtaining consent from said third party for such

usage. By utilizing the Software, you confirm that you have obtained such

consent. Additionally, you affirm that you either own the Device onto which

you are downloading the Software, or possess the legal authority to manage

its usage. You also agree to ensure that any other individuals whom you

authorize to use the Software or Services do so in compliance with these

to manage its usage, you must remove the Software from the Device.

6. Content of Service

Content transmitted through the use of the LEMES Service is solely the

responsibility of the individual who created it. You assume the risk associated

with using the Service and acknowledge that exposure to offensive, harmful to

minors, indecent, or objectionable content may occur. LEMES does not

endorse any content and explicitly denies any liability associated with any

content transmitted or displayed using the Software and/or Services. By using

the Service, you release and waive any claims or demands against the LEMES

Service arising from or related to any content.

7. User Content

The LEMES Services offer interactive features and sections where users can

generate, post, transmit, and/or store various content types, such as photos,

videos, text, graphics, items, or other materials (collectively known as "User

Content"). You recognize that your User Content may be visible to others, and

you can manage access by adjusting privacy settings.You understand that you bear sole responsibility for your User Content, and

LEMES assumes no responsibility or liability for any User Content. Although

not obligated, we reserve the right, with full discretion, to review, screen, and

remove User Content at any time and for any reason.

You maintain ownership rights to your User Content. However, by submitting

User Content via the Service, you grant us a nonexclusive, worldwide, royalty-

free, sublicensable, and transferable license to use, modify, adapt, publish,

create derivative works from, distribute, perform, and display such User

Content in connection with the Services.

You recognize and agree that you are solely accountable for any Content you

transmit or exhibit through the Software or Services, and LEMES (along with

Apple or Google if you downloaded the Software from the App Store or Google

Play) bears no responsibility to you or any third party concerning any Content.

Additionally, you consent to cover all royalties, fees, and any other payments

owed to any individual due to any of your Content. Furthermore, you assert

and guarantee that: (a) you are the creator and rightful owner of the Content or

possess the necessary rights to transmit or display it; and (b) the Content you

transmit or display does not and will not: (i) infringe upon, violate, or

unlawfully appropriate any third-party rights, including copyrights, trademarks,

patents, trade secrets, moral rights, privacy rights, rights of publicity, or any

other intellectual property or proprietary rights; or (ii) defame, slander, libel, or

intrude upon the privacy, publicity, or other property rights of any other

individual. Individuals who violate these third-party rights may be subject to

criminal and civil liabilities. LEMES retains all rights and remedies against

anyone who violates any provisions of these Terms of Use.

8. User Tier Status

In various regions, we may offer different services depending on Users' tier

status, as per our tier status operation policies. In such scenarios, User tier

status will be determined according to Company standards. LEMES retains the

right to vary service content among different User tiers and may alter such

content at its discretion based on our circumstances. Detailed information

regarding such services will be communicated separately in accordance with

the notification specified in these Terms.

9. Third Parties

The Software may become a part of, or integrate with, software and other

technologies that are owned and controlled by third parties. Any third-party

software or technology incorporated into the Software is subject to the terms

of this Agreement.

The services may contain links or references to other websites or services,

provided solely for the convenience of our users ("reference sites"). LEMES

does not endorse any reference sites. Accessing and using reference sites,

including the information, materials, products, and services available throughthem, is entirely at your own risk. We advise you to exercise caution when

leaving the services and to review the terms and conditions as well as the

interactions or transactions with advertisers found on or through the services

are solely between you and such advertisers.

10. Third Party Fees

If you utilize your native SMS application to send messages or invitations to

individuals who are not registered Users of LEMES and whom you wish to

communicate with, the third party offering such SMS services may impose

additional charges on you for this usage.

11.Eligibility

The permission to use the Software and Services is void in jurisdictions where

prohibited. These resources are exclusively designed for users aged eighteen

(18) years or older. Any registration, utilization, or access by individuals under

18 is unauthorized, unlicensed, and violates the Terms of Use. LEMES

reserves the right to terminate your account, delete any content you've shared

on the Services, and/or restrict your access to the Software or Services (or any

part of them) at its sole discretion, with or without notice, and for any reason

or without reason. This includes cases where LEMES suspects you are under 18.

12.Payments for all kinds of paid contents and item services

The various paid content and item Services may be available through

subscriptions, usage fees, or as specified during purchase, with payment

options including upfront, in arrears, per usage, or as otherwise indicated. By

purchasing any paid content and item Services, you agree to settle all charges,

including taxes, based on the billing terms at the time of payment, whether

charged by LEMES or the online application store where you obtained the

Software. You commit to adhering to relevant terms of service or legal

agreements governing your chosen payment processing service/method.

Opting for a subscription-based purchase indicates your acknowledgment of

recurring payments, to be processed according to your chosen payment

method and intervals until cancellation. Any payment-related inquiries, issues,

disputes, or disagreements arising from purchases made through an

Application Store will be addressed according to the respective terms of

service or legal agreements, absolving LEMES of any related responsibility.

All inquiries, including disputes, related to your purchase of paid contents on

LEMES must be directed to our customer center. Disputes, including the

request for a refund or chargeback, processed through your credit card

company or phone carrier may result in the immediate termination or

suspension of your account.Upon termination or suspension, any remaining balance from paid content in

your account will be forfeited.

13.Refunds

You can request a full refund for all paid contents and item Services

purchased from an Application Store, subject to the refund policies set by the

Application Store. However, refunds are not available for users who have been

banned by LEMES and its community, and full refunds are not applicable for

partially used purchases.

14.Copyrights

You acknowledge and consent that the Service and any software utilized

alongside the Service ("Software") contain confidential and proprietary

information protected by applicable intellectual property and other laws.

Furthermore, you recognize and accept that Content featured in sponsor

advertisements or provided to you through the Service or by advertisers may

be safeguarded by copyrights, trademarks, service marks, patents, or other

proprietary rights and laws.

Unless explicitly authorized by LEMES or an advertiser, you agree not to

modify, rent, lease, loan, sell, distribute, or create derivative works based on

the Service, the Software, or advertisers' Content, whether in whole or in part.

LEMES grants you a personal, non-transferable, and non-exclusive right and

license to utilize the object code of its Software on a single computer or device;

provided that you do not (and do not permit any third party to) copy, modify,

create derivative works of, reverse engineer, reverse assemble, or otherwise

attempt to discern any source code, sell, assign, sublicense, grant a security

interest in, infringe, or otherwise transfer or attempt to transfer any rights in

the Software.

You agree not to modify the Software in any way or form, or to utilize modified

versions of the Software, including (without limitation) for the purpose of

gaining unauthorized access to the Service. You also agree not to access the

Service through any means other than the interface provided by LEMES for

accessing the Service.

15.Storage of Content

Subject to the terms and conditions outlined in this Terms of Use agreement,

LEMES will make reasonable efforts to retain your Content, if any, as part of

your use of a paid contents and item Service, provided that such storage is a

feature included with the Service. You acknowledge and agree that LEMES

holds no liability for the loss, deletion, or destruction of any Content, including

stored Content, and that no party associated with LEMES is obliged topreserve, grant access to, or return any Content to you. Additionally, you

recognize and consent that if you opt to utilize a paid contents and item

Service with Content storage and you remain inactive on the Service for a

period of ninety (90) days or more (as determined by LEMES), LEMES reserves

the right to delete your Content for various reasons, including technical or

business considerations.

16.Termination

You have the option to end your usage of the Services whenever you choose

by uninstalling and removing the Software from all of your Devices. In the

event that you have subscribed to any paid contents and item Services, you

acknowledge that you are solely accountable for terminating any payment

obligations directly with any Application Store and/or payment processing

service associated with the said Services.

LEMES retains the authority to restrict, suspend, or terminate this Terms of

Use agreement and/or your access to all or any part of the Software and/or

Services, immediately and automatically, with or without prior notice, and

without resorting to legal proceedings, for any reason or without reason. This

includes instances where LEMES believes that you are (i) violating any of the

terms outlined in this Terms of Use agreement, (ii) causing issues or legal

liabilities, (iii) overdue on payments for any paid contents and item Service, (iv)

infringing upon the intellectual property rights of a third party, or (v) engaging

in fraudulent, immoral, or illegal activities. You acknowledge that LEMES is not

obligated to provide the Services, including any paid contents and item

Services, and that no party associated with LEMES shall be liable to you or

any other party for any restriction, suspension, termination, or modification of

the Software and/or any of the Services.

17.Indemnification

You agree to DEFEND, INDEMNIFY, and HOLD HARMLESS LEMES, its

licensors, partners, affiliates, officers, directors, employees, contractors, and

suppliers (collectively referred to as the 'LEMES Parties') from any claims,

liabilities, damages, and costs, including reasonable attorneys' fees, arising

from (a) YOUR VIOLATION OF THIS TERMS OF USE OR ANY APPLICABLE

LAW, (b) INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, (c) MISUSE OF THE

SOFTWARE OR SERVICES, (d) CONTENT DISPLAYED OR TRANSMITTED

THROUGH THE SOFTWARE OR SERVICES BY YOU, or (e) TAXES RELATED

TO YOUR USE OR PURCHASE OF THE SERVICES (EXCLUDING TAXES ON

LEMES'S INCOME).

IF YOU DOWNLOADED THE SOFTWARE FROM APP MARKETPLACES, YOU

ACKNOWLEDGE THAT IN CASE OF ANY THIRD-PARTY CLAIM REGARDING

INTELLECTUAL PROPERTY INFRINGEMENT ARISING FROM YOUR USE OF

THE SOFTWARE OR SERVICES, LEMES WILL BE SOLELY RESPONSIBLE

FOR HANDLING THE INVESTIGATION, DEFENSE, AND SETTLEMENT OF

SUCH CLAIMS. LEMES RESERVES THE RIGHT TO TAKE CONTROL OF ANY

MATTER REQUIRING INDEMNIFICATION, AT YOUR EXPENSE, AND YOUAGREE TO COOPERATE WITH LEMES IN SUCH INSTANCES. SETTLEMENT

OF ANY CLAIMS MUST RECEIVE PRIOR WRITTEN CONSENT FROM LEMES.

18.Limitation of Liability

THE LEMES PARTIES SHALL NOT BE LIABLE, WHETHER ARISING FROM

CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL

THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS, OR DAMAGES OF ANY

NATURE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,

SPECIAL, OR PUNITIVE. THIS INCLUDES LOSS OF REVENUE OR PROFITS,

BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES ARISING FROM THE

SOFTWARE AND/OR SERVICES, OR THIS TERMS OF USE AGREEMENT,

REGARDLESS OF WHETHER LEMES OR ANY OTHER LEMES PARTY HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LEMES

PARTIES DISCLAIM LIABILITY FOR ANY ASPECT OF THIS TERMS OF USE OR

THE USE OF THE SOFTWARE OR SERVICES. THESE LIMITATIONS APPLY

EVEN IF THE REMEDY STATED HERE FAILS ITS ESSENTIAL PURPOSE.

WHILE SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR

LIMITATIONS, THE LIABILITY OF THE LEMES PARTIES WILL BE LIMITED TO

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THESE

LIMITATIONS OF LIABILITY ALSO EXTEND TO DAMAGES RESULTING FROM

PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER

THAN LEMES, WHETHER RECEIVED THROUGH OR ADVERTISED ON ANY OF

THE SERVICES.

19.Claims

You and LEMES agree that any dispute arising from or linked to any of the

services or software must be initiated within one (1) year after it arises;

otherwise, it is permanently prohibited. If you obtained the software from app

marketplaces, you also recognize that they bear no responsibility for

addressing any claims related to the software or services, including product

liability, failure to meet legal requirements, or consumer protection claims.

20.Governing Law and Venue

This Terms of Use abides by South Korean laws, which apply to agreements

made and carried out entirely within South Korea among South Korean parties.

The United Nations Convention on Contracts for the International Sale of

Goods (1980) is entirely excluded from application to this Terms of Use. You

recognize that the Services operate solely from South Korea and are passive

in nature, meaning they do not establish personal jurisdiction over Bermuda in

any jurisdiction other than South Korea, whether specifically or generally.

Moreover, you consent to the exclusive jurisdiction and venue of South

Korean courts for any disputes or controversies arising from or related to the

Software, Services, Content, or this Terms of Use. You also agree not to

initiate any legal proceedings against any Bermuda Party outside of SouthKorean courts, and you hereby waive any objections regarding personal

jurisdiction in such courts.

21.International Users

The Services are hosted in South Korea. By utilizing the Software and/or any

of the Services, if you reside in the European Union, Asia, or any other region

with laws or regulations governing personal data collection, use, and

disclosure that differ from those of South Korea, you acknowledge and agree

to the processing of personal information in South Korea.

22.Contact Information

You may contact us through our customer support address :

support@pontis.co.kr