TERMS AND CONDITIONS | Kakao Moment

Terms And Conditions Content

1. Purpose

The purpose of these terms and conditions (these “Terms”) is to set forth the matters with respect to your use of online and mobile advertising platforms and related services provided by Kakao Corp. ("Kakao" or "we") to you as a Member.

2. Definitions

Capitalized terms not otherwise defined herein shall have the following meanings:

“Ad Account” means our smallest management unit set up by us which enables Master Members and Authorized Members to jointly manage their advertising performed by our Kakao Moment Service.
“Ad Message” means the contents of advertising performed by our Kakao Moment Service such as title, explanatory text, additional information and image displayed on Ad Media for the purpose of promoting Ad Item.
“Ad Media” means media such as websites and mobile applications of Kakao or our affiliated companies where Members’ Ad Message is placed with our approval.
“Kakao Moment Platform” means Kakao’s certain website where Members can request for, post, manage and cancel Ad Messages through our Kakao Moment Service.
“Kakao Moment Service” means our online and mobile advertising services used by Members to promote websites, mobile applications, SNS, Kakao Talk Channel, etc. (“Ad Item”) operated by Members or third parties to our users by displaying their Ad Message on Ad Media.
“Auto Payment” means certain payment service provided by KakaoPay where each payment of fee is automatically processed without separate certification steps once Members provide their payment information including credit card number.
“Campaign” means a unit of individual advertising performed by our Kakao Moment Service on the basis of Members’ selection of the purpose and other options of advertising (e.g., targeting, Ad Media, payment method) and types of Ad Messages.
“Cash” means charged money used in our Kakao Moment Service for payment of Campaign execution fees, comprised of refundable paid Cash and non-refundable free Cash.
“Member(s)” means customers who enter into an agreement with us in accordance with the Terms to use our Kakao Moment Service. The Members are classified as follows, and they are collectively referred to as Members:
1. a.“Master Members”: customers who create their own Ad Account or otherwise obtain membership from other Master Member to promote their Ad Item;
2. b.“Authorized Members”: customers who use our Kakao Moment Service on behalf of or for Master Members by logging into Master Members’ Ad Account to support Master Members’ use of our Kakao Moment Service; and
3. c.“Regular Members”: customers who consent to the Terms without creating or using their own Ad Account.
“Refund” means, depending on the Cash charging method, payment cancellation or refund of any remaining paid Cash in immediately available funds.
“Return” means, depending on the payment method, payment cancellation or Refund of any remaining execution fee upon cancellation or suspension of a Campaign.

3. Posting and Amendment of the Terms

1.For your convenience, we will display the Terms on the start page or transition page of Kakao Moment Platform.
2.If it deems necessary, we may amend the Terms to the extent permitted under applicable laws.
3.We will post substances and the effective date of any amendment to the Terms on Kakao Moment Platform from at least seven (7) days before the effective date until the day immediately preceding the effective date; provided, however, that any amendment unfavorable to you will be posted at least thirty (30) days before the effective date.
4.If you do not express your disagreement with an amendment to the Terms despite our explicit announcement or notification pursuant to Section 3.3 that Members’ failure to express any disagreement until the day immediately preceding the effective date will be construed as their agreement, you will be deemed to have agreed to such amendment.
5.If you do not agree to any amendment to the Terms, you may withdraw your membership by expressing your disagreement to us until the day immediately preceding the effective date.

4. Membership Sign Up

1.You can sign up as our Master Member, Authorized Member or Regular Member according to the following procedures:
1. a.Master Member: by agreeing to the Terms and requesting creation of Ad Account in accordance with our applicable procedures, which shall be accepted by us. Alternatively, if you are already an Authorized Member, you may become a Master Member by accepting other Master Member’s request for transferring his/her membership to you.
2. b.Authorized Member: by agreeing to the Terms and accepting invitation from a Master Member or by submitting a request for membership to a Master Member, which shall be approved by such Master Member and accepted by us.
3. c.Regular Member: by agreeing to the Terms and requesting for membership in accordance with our applicable procedures, which shall be accepted by us.
2.In any of the following events, we may, at our sole discretion, decline your sign up request made under Section 4.1 or, if applicable, terminate your membership obtained hereunder:
1. a.You were previously deprived of your membership pursuant to the Terms;
2. b.You withdraw your sign up request and submit it again during the period when your use of our Kakao Moment Service has been restricted by us due to, among other things, breach of the Terms;
3. c.It turns out that you provided a false name or another person’s name in your sign up request;
4. d.It turns out that you provided false or incorrect information or failed to provide certain information requested by us; and
5. e.Your request breaches any provisions of the Terms or the request cannot be accepted due to any other cause attributable to you.
3.During the sign up process under Section 4.1 above, you may be requested by specialized institutions to provide real name verification or personal identification.
4.You will be deemed to have become a Member when ‘sign up completion’ message is notified on the sign up page by us.

5. Responsibilities to Manage Ad Account

1.Your ID and password for Kakao account will be used for our Kakao Moment Service. You shall not, directly or indirectly, permit any third party to use them.
2.If you become aware that your Kakao ID or password used for our Kakao Moment Service has been stolen or is being used by a third party for our Kakao Moment Service, you shall immediately notify us and comply with our instructions.
3.We are not liable for any losses, damages, costs or expenses arising from or in connection with your failure to comply with Section 5.2 above.

6. Creation of Ad Account

1.You can create your Ad Account in accordance with our applicable procedures and requirements.
2.Individuals and businesses can create their Ad Account. You may be required to provide personal or business information accordingly.
3.In case a business who created its Ad Account has been temporarily or permanently closed or any identification information of an individual who created his/her Ad Account has been changed, the Master Member shall request information update in accordance with our applicable procedures.
4.We will not be liable for any losses, damages, costs or expenses arising out of or in connection with Master Members’ failure to comply with Section 6.3 above.

7. Authorization

1.Master Members and Authorized Members are entitled to access their Ad Accounts and manage all or part of the Ad Accounts.
2.With respect to AD Accounts, only Master Members are entitled to:
1. a.invite an Authorized Member;
2. b.accept or decline a request to become an Authorized Member;
3. c.remove any Authorized Member;
4. d.accept or reject any ad agency’s request for concession; and
5. e.register or change e-mail address to which tax invoices will be issued.
3.With respect to Ad Accounts created for individuals, Master Members may not request transfer of their membership to any Authorized Member.
4.With respect to the rights of Master Members and Authorized Members to access and manage Ad Accounts, matters not specified in this provision shall be governed by a separate management policy.
5.With respect to Ad Accounts, any acts by an Authorized Member shall be deemed as acts of the Master Member who granted the authority.

8. Protection of Personal Information

We will endeavor to protect your personal information as prescribed under the applicable laws (i.e., Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and the Personal Information Protection Act). Applicable laws and our Privacy Policy shall govern the protection and use of your personal information. However, our Privacy Policy does not apply to sites other than those linked to our official website.
(Kakao Privacy Policy: moment.kakao.com/policy/privacy)

9. Campaign Execution Agreement

1.A Campaign execution agreement may be entered into upon request and our acceptance in accordance with our applicable procedures. Kakao Moment Platform may notify a detailed guideline on the request and acceptance procedure.
2.When requesting a Campaign execution, you must comply with the forms and procedures required by us. We are entitled to determine the assessment criteria and whether and how to accept your request. We may also require that you modify your request in accordance with the applicable laws and Kakao’s own criteria.
3.In the event that a Campaign execution agreement is not concluded due to your failure to modify your request or our disapproval of your request, you are entitled to make a claim for Return or Refund of any advertising fee you already paid in connection with your request for the Campaign.
4.In the event that there is any change to Ad Items after a Campaign execution agreement is concluded, you shall immediately notify us and request for re-assessment of such Ad Items. You shall be responsible for any losses or damages arising from such re-assessment.
5.You shall ensure that any Ad Messages or Ad Items of Campaign you request or any of your acts do not violate any applicable law or infringe upon the rights of any third party.
6.Our approval of a Campaign execution under this Section 9 will not constitute our final guarantee or warranty that the Ad Message, Ad Item and your acts comply with the applicable laws or are fit for the Terms, management policy, customer guide, etc. In the event that our Kakao Moment Service for any Ad Message or Ad Item approved by us is found to be in violation of the applicable law, the Terms, ad management policy, customer guide, etc., we may terminate the Campaign execution agreement pursuant to Section 22 below.
7.We may use your Ad Messages to the extent necessary for operation, improvement and promotion of our Kakao Moment Service or for the development of new services.

10. Execution of Campaign

1.We may determine, modify or add to the scope of Ad Media where your Campaign is executed as well as the details of such Campaign (e.g., field, order, information, UI, method).
2.If an operator of Ad Media requests us to restrict the display of a certain advertisement or to change the field where a certain advertisement is displayed on its Ad Media on reasonable and justifiable grounds, we may do so accordingly.
3.We will announce any change to the scope of Ad Media in advance on our bulletin board on Kakao Moment Platform; provided, however, that the scope of Ad Media operated by a third party may be changed without such prior announcement. If you do not agree to such change, you may modify the settings of your Ad Account at any time so that your Campaign is no longer displayed on the new Ad Media.
4.We may conduct tests from time to time without prior notice to improve the quality and effectiveness of Campaign execution.
5.In any of the following events, we may restrict in whole or in part the execution of a Campaign. The detailed criteria and related matters on the execution of Campaigns shall be set forth in our ad management policy.
1. a.Your Campaign has caused or is likely to cause legal or property damages to us;
2. b.Your Campaign has caused or is likely to damage the name, reputation, credit or credibility of Kakao or Ad Media; or
3. c.Your Campaign has caused or is likely to cause quality deterioration to our Kakao Moment Service or Ad Media.

11. Setting of Campaign Target

1.We may provide features where you can set targets of your Campaign according to the characteristics of each Campaign (“Target Setting”) using activity logs that you collect or retain by yourself or through a third party in order to implement such Campaign.
2.If you use Target Setting, you shall delegate to us the tasks of processing your activity log to the extent necessary; provided, however, that all rights and responsibilities pertaining to such activity logs shall remain vested in you.
3.You represent and warrant that, in collecting activity logs for Target Setting, you have obtained informed consent from each information provider and have complied with all privacy laws, government regulations and guidelines of the Republic of Korea (“Korea”) and your home country.
4.You represent and warrant that you have the full power and authority to use all activity logs you share with us.
5.If any providers of activity logs used in your Target Setting withdraws their consent or refuses to give consent with respect to the collection or use of their information, you shall immediately delete the relevant information registered for your Target Setting. Likewise, you agree that we will delete such information on your behalf if you fail to immediately delete it.
6.In case you execute Campaigns and use Target Settings for multiple Ad Items, you may not combine or supplement activity logs of different Ad Items without our prior consent.
7.You may not or cause any third party to sell or transfer any target user list or related information generated from Target Setting.
8.We will not use any activity logs that you have provided to us for any purposes other than Target Setting and will not grant access to any activity logs or Target Setting to any third party unless you give your prior approval or the applicable law so requires.
9.We will take reasonable, technical and managerial protective measures to maintain the security of activity logs you have provided or delegated to us for Target Setting.

12. Modification to Kakao Moment Service

1.In order to provide stable services, we may make modifications to, among other things, the contents or operational or technical details of our Kakao Moment Service.
2.We will announce at Kakao Moment Platform the substances and effective date of any modifications made to our Kakao Moment Service. Provided, however, that any significant modifications to your rights, responsibilities or use of our Kakao Moment Service will be notified at least seven (7) days prior to the effective date. Further, any modifications unfavorable to Members in any respect will be notified at least thirty (30) days prior to the effective date.
3.If you do not agree to any modification to our Kakao Moment Service, you may withdraw your membership by notifying your disagreement to us.

13. Suspension of Kakao Moment Service

1.We may temporarily suspend our Kakao Moment Service for maintenance check, replacement, breakdown, error, network failure of IT equipment including computers, or any other reasonable operational reasons.
2.Upon occurrence of any of the above events, we will notify you in advance. However, if any inevitable circumstance makes it impracticable, notice may be given after the event.
3.We may decide to suspend all or any part of our Kakao Moment Service for business reasons without any liabilities in relation thereto, including, but not limited to, loss of profit arising in connection with your use of Kakao Moment Service.
4.We will not be liable for any of your losses or damages arising out of or in connection with the suspension of our Kakao Moment Service set forth above unless such suspension is attributable to our willful conduct or negligence.

14. Campaign Execution Fee

1.You shall pay Campaign execution fee based on our applicable procedures depending on the different billing methods based on the nature of your Campaign. Details of the billing methods, fees and payment process of Campaigns shall be set forth in our ad management policy or other materials.
2.You may, at your option, pay Campaign execution fee with Cash or Auto Payment. If you select both methods, payment will be made with Cash first and, if necessary, with Auto Payment. The payment processing time of Cash and Auto Payment may be different.
3.We will issue documents necessary for requesting or receiving Campaign execution fee (e.g., tax invoice, payment request, invoice) per Ad Account (individual or business).

15. Notice to Members

1.Unless provided otherwise in the Terms, we may notify you by e-mail, phone, Kakao Talk message, or a pop-up window on the login page of Kakao Moment Platform, or other means based on the information you have given us.
2.We may give notice to all Members by posting an announcement on the bulletin board at Kakao Moment Platform for at least seven (7) days.
3.You shall provide and, if necessary, update your available e-mail address, (mobile) phone number, Kakao ID or other contact information and shall always check the notices from us.
4.We will not be liable for any losses or damages you have sustained due to your failure to fully comply with the above responsibilities.

16. Kakao’s Responsibilities

1.We will use our best efforts to provide our Kakao Moment Service in a continuous and stable manner and in compliance with the applicable laws and the Terms.
2.We will establish a security system to protect your personal information (including credit information) to ensure that you can safely use our Kakao Moment Service. We will announce and notify our Privacy Policy and comply with it.
3.We will process any complaints you may submit in connection with our Kakao Moment Service if deemed reasonable, and may notify you on the status and result of our response on the bulletin board via Kakao Moment Platform, e-mail or other means.

17. Your Responsibilities

1.You shall comply with the applicable laws, the Terms, our management policy and customer guide, and any announcement or notice. You shall not engage in any acts interfering with our business by, for example, adding illegal information or unlawful content to Ad Message or Ad Item.
2.You shall not use Ad Account for any purposes other than our Kakao Moment Service such as management of Member information, Ad Message and fee payment.
3.You may not or cause others to, without our prior approval, produce, distribute, or install any agent, robot, script, spider, spyware or other means engaged in any of the following acts or engage or attempt to engage in any of the following acts through any other illegal means:
1. a.accessing our Kakao Moment Service by any means not provided by us;
2. b.generating or increasing the number of impressions or clicks by illegal means;
3. c.causing overloads on our servers or other equipment; or
4. d.Otherwise interfering with normal operation of our Kakao Moment Service.
4.You may not engage in any advertising activities to promote your business or any third party’s in any field of Ad Media other than advertising via our Kakao Moment Service pursuant to the Terms.
5.You may not lend or otherwise transfer to any third party your rights to use Campaign and related Services without our prior approval or borrow or otherwise obtain the same rights from any third party without our prior approval.
6.You may not state any false information or information of a third party in your Ad Account.
7.You may not provide or otherwise disclose to any third party any information you obtained while using our Kakao Moment Service such as information related to our Kakao Moment Service or Campaign.
8.In case we conduct an investigation with respect to the provision of our Kakao Moment Service or breach of this Section 17, you shall faithfully comply with our requests for submission of relevant information, access to such information and explanation for related facts.
9.In the event that any third party makes any civil or criminal claim against Kakao due to your breach of the Terms or applicable law without any fault on our part, you shall fully cooperate to resolve such dispute and shall compensate any related damages sustained by us.

18. Termination of Campaign

1.You may request termination of a Campaign at any time at Kakao Moment Platform, in which case the Campaign will not be executed from the next day.
2.Upon your request for termination of a Campaign pursuant to Section 18.1 above, we will return the execution fee for the remaining contract period.

19. Charging, Refund, Expiration

1.The Cash may be charged with a credit card or immediately available funds (“Available Funds”). The Cash and Available Funds shall be exchanged at the rate of 1:1. However, the Cash used in Ad Account created for individuals may be charged only with credit cards.
2.Upon your request for Refund of Cash due to suspension of our Kakao Moment Service or other reasons, we will Refund the paid Cash remaining in your Ad Account.
3.Both Master Members and Authorized Members of Ad Account may request for Refund. However, the account to which Cash will be refunded must be registered by a Master Member in the name of such Master Member in case of an individual Ad Account, and in the name of the business registered on Ad Account in case of a business Ad Account.
4.In case Cash is not recharged or used for a period of five (5) years, it may become void as stipulated in our ad management policy in accordance with the statute of limitations for commercial claims under the Commercial Act.
5.We may issue you coupons convertible into Cash. You may use the coupons only within the prescribed period in accordance with the prescribed terms. Any coupon unused within the prescribed period will expire.

20. Use of Auto Payment

1.In order to use Auto Payment, you must be validly registered with KakaoPay’s Auto Payment system.
2.If you register Auto Payment to your Ad Account, you agree that payment of fees charged on your Ad Account will be automatically processed without separate certification steps.
3.Two types of Auto Payment cards, a main card and a backup card, will be linked with your Ad Account. While fees are charged to the main card first, the backup card may be used if there is a problem with payment using the main card.
4.If no statement balance remains in an Auto Payment card registered to Ad Account, the owner of the card or any Member linked with the Ad Account may terminate the linkage of the Auto Payment card with the Ad Account.
5.If statement balance remains in an Auto Payment card linked with Ad Account, the owner of the card or Master Member of Ad Account may terminate the linkage of the card with Ad Account. However, in case no backup card is linked to Ad Account, the owner of the main card can terminate the linkage by paying the outstanding amount. Master Members can terminate the linkage by registering his/her own card and transferring the outstanding amount from the main card to the new card.
6.Upon termination of the linkage to the main card linked with Ad Account, the backup card will become the new main card and, thereby, any fees arising from Ad Account will be charged to the new main card.

21. Conversion Tracking

1.If you wish to collect and utilize conversion data created from Ad Item to conduct a quantitative analysis of the effectiveness of advertising executed at Ad Account and sophisticate our Kakao Moment Service, you may use our conversion tracking.
2.We may use the conversion data collected through conversion tracking to optimize advertising and sophisticate our advertisement system including our Kakao Moment Service.
3.We will separately provide a guideline on the details of script installation, manual and other conditions for use of conversion tracking.

22. Use Restriction

1.Upon your violation of the applicable law or breach of your responsibilities under the Terms or our ad management policy, we may restrict your right to request execution of Campaign, restrict or suspend your use of Campaign or our Kakao Moment Service, or terminate Campaign execution agreement concluded pursuant to Section 9 above (collectively “Use Restrictions”). Details of Use Restriction including our own criteria will be set forth in our ad management policy or other materials.
2.Upon subsequent discovery of any causes for disapproval under Section 4.2 hereof, we may impose Use Restrictions at any time.
3.Upon imposition of Use Restrictions pursuant to Section 22.1 or 22.2 above, your use of our other services (e.g., keyword marketing, shopping-how, Daum Real Estate, etc.) may be restricted or your agreement with us may be terminated. Likewise, upon imposition of restriction on your use of such other services or termination of such agreement, your execution of Campaign or use of our Kakao Moment Service may also be restricted or your agreement with us may be terminated.
4.In case any sanction is imposed on your Kakao account, we may impose Use Restrictions on your use of our Kakao Moment Service during such sanction period.
5.We will give you prior notice before imposing Use Restrictions pursuant to Section 22.1 or 22.2. Unless provided otherwise in our ad management policy, you will be granted a reasonable period of time when can raise any objection against any Use Restrictions.
6.You may raise an objection against any Use Restrictions imposed herein in accordance with our applicable procedures. We will cancel any Use Restrictions immediately if your objection is deemed to be reasonable.
7.If any Use Restrictions are imposed against you pursuant to this Section, you may request cancellation of such Use Restrictions after correcting your member information in accordance with our applicable procedures.
8.We may provide information on advertising history to the owner or provider of Ad Item for which such Campaign is executed.

23. Ad Account Withdrawal

1.Master Members are entitled to remove any Authorized Member from their own Ad Account.
2.Authorized Members are entitled to withdraw from any Ad Account to which they are registered.
3.Notwithstanding Sections 23.1 and 23.2 above, if any outstanding charges remain in an Authorized Member’s Auto Payment card linked with Ad Account, withdrawal from Ad Account will be processed after such outstanding charges are fully paid.
4.Master Members may withdraw from Ad Account by transferring their membership to an Authorized Member linked with Ad Account which shall be agreed by such Authorized Member’s or by requesting us to delete Ad Account. In any of the following cases, however, Ad Account may not be deleted:
1. a.An Authorized Member remains in the Ad Account;
2. b.A concession for an agent has been established with respect to the Ad Account;
3. c.An unprocessed request for Refund remains in the Ad Account;
4. d.An amount of paid Cash or outstanding charges remains; or
5. e.A tax invoice remains to be issued by us.

24. Membership Withdrawal

1.You may request for withdrawal of your Membership created under Section 4 hereof at any time by contacting our customer service or requesting for withdrawal on Kakao Moment Platform. We will process such request immediately in accordance with the applicable laws. In case you created Ad Account as a Master Member or an Authorized Member, your withdrawal from Ad Account must be completed before withdrawal of your membership is processed.
2.Once withdrawal of your membership is completed, we will immediately remove all of your information, except for such information we retain in accordance with the applicable laws and our Privacy Policy.
3.If you withdraw your membership, sign up to our Kakao Moment Service using the same Kakao account may be restricted under our ad management policy.

25. Compensation for Damages

1.If you sustain damages in connection with our Kakao Moment Service for any cause attributable to our willful conduct or negligence, we will compensate you for the damages to the extent prescribed under the applicable laws.
2.If we sustain any damages due to your violation of the Terms or the applicable law, you shall compensate us for such damages to the extent prescribed under the applicable laws.

26. Limitation of Liabilities

1.We will not be liable for our failure to provide our Kakao Moment Service in the event that such failure is caused by any natural disaster, DDOS attack, IDC failure, circuit failure of common carriers, failure of Ad Media, or any similar force majeure events.
2.We will not be liable for any disturbance in our Kakao Moment Service attributable to you.
3.We do not warrant credibility, accuracy and lawfulness of Ad Message or Ad Item you provide in connection with our Kakao Moment Service.
4.We do not warrant credibility, accuracy and lawfulness of Ad Media, and search results or contents derived from Ad Media. However, in the event that Ad Media violates any applicable law or our ad media policy, we may refuse to post any advertisements in such Ad Media. We will not be liable for any consequences of posting or suspension of posting of advertisements in Ad Media.
5.We do not warrant that all search results or content derived from Ad Media only contain information favorable to you. We are not liable for any consequences of advertisements which are posted along with such unfavorable search results or contents.
6.In order to maximize effectiveness of advertisements, we may provide features where you can select settings of Campaign and will use our best efforts to ensure that Campaign is executed in accordance with such settings. However, we do not warrant that Campaign will always be executed in accordance with such settings, and we will not be liable for any consequences of Campaign executed not in accordance with such settings.
7.For your convenience, we may provide features where your Ad Messages will be posted and managed automatically by our system once you set up the terms of advertisement (e.g., period, fees). If you select to use such automatic management features, we will post your Ad Messages according to your selections. We will not be liable for any consequences of such automatic management.
8.We will not be liable for any dispute between Master Members and Authorized Members unless such dispute is attributable to us.

27. Interpretation

1.In addition to the Terms, we may introduce, among other things, a separate ad management policy.
2.The ad management policy, customer guide, and the applicable laws shall apply to the interpretation of the Terms and any other matters not expressly set forth herein. If there is any discrepancy between the Terms and any separate agreement entered into between Kakao and Members, such separate agreement shall prevail.

28. Governing Law and Jurisdiction

1.Any dispute arising between Kakao and Members will be governed by the laws of Korea.
2.Any dispute between Kakao and Members will be submitted to the court having competent jurisdiction under the Civil Procedure Act of Korea.

Addendum

These Terms shall become effective as of September 17, 2019.

See Past Terms And Conditions