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Here is the English translation of the Linckle Service Terms and Conditions. I have maintained a formal, legal tone while ensuring the specific business nuances (cross-border e-commerce, influencer marketing, and SaaS) are accurately reflected.

TERMS OF SERVICE

Preamble

Please read these Terms of Service carefully before using this site or opening a Linckle account (hereinafter "Account") to understand your legal rights and obligations with respect to Connectica Co., Ltd., its affiliates, and subsidiaries (individually and collectively, the "Company", "we", "us", or "our").

The services we provide or make available (hereinafter "Services") include (a) the Site, and (b) an AI-based influencer matching system, multi-language translation, export trade document automation SaaS, multi-currency payment, and global logistics linkage systems. By using the Linckle Services or opening an Account, you agree that your consent to these Terms of Service and the Company's additional terms and policies is irrevocable. If you do not agree to these terms, please discontinue your use of our Services.

Article 1 (Purpose)

The purpose of these Terms and Conditions is to prescribe the rights, obligations, responsibilities, and other necessary matters between the "Company" and brand companies in Korea (hereinafter "Client") in using the platform and related services (hereinafter "Service") provided by Linckle (hereinafter "Company").

Article 2 (Definitions)

  1. Platform: Refers to the digital service environment (Web/App) operated by the Company to connect Clients and Influencers.

  2. Client: Refers to a corporation or individual business in Korea that has joined the platform to request marketing campaigns and pay for them.

  3. Partner: Refers to a creator residing overseas who has joined the platform to participate in the Client’s campaigns, create/upload content, and receive settlement of profits.

  4. Campaign: Refers to the overall marketing activities requested by the Client to the Partner through the Linckle platform.

  5. Buyer: Refers to the actual payer who orders and pays for the Client's goods/products/services through the influencer's content.

  6. Mall: Refers to the shopping mall environment where the Client's goods/products/services can be paid for.

Article 3 (Service Fees and Billing)

  1. The billing methods for the "Client" using the "Company's" platform are classified as follows, and specific rates and amounts shall be separately notified within the platform or follow individual agreements:

    • Subscription Fee: A monthly recurring fee charged according to the service plan selected by the "Client."

    • Sales Commission: A platform fee charged per actual sale generated through the "Partner’s" activities.

  2. The "Company" may change the fee policy mentioned in the preceding paragraph and must notify the "Client" at least 30 days prior to the change.

Article 4 (Campaign Registration and Influencer Matching)

  1. The "Client" may register campaigns on the platform that meet their marketing objectives. At this time, product information, influencer qualifications, content guidelines, offered benefits, and affiliate commission rates must be clearly stated.

  2. The "Company" provides recommendations or a matching system tailored to the conditions registered by the "Client." However, the "Company" does not guarantee specific sales performance or traffic increases.

  3. After matching is completed and the "Influencer" begins campaign activities (such as content creation), the "Client" may not arbitrarily cancel the campaign or unilaterally change guidelines without justifiable cause. In case of unavoidable cancellation, the "Client" must bear the penalty set by the "Company" or the basic compensation for the "Influencer."

Article 5 (Affiliate Links and Calculation of Sales Performance)

  1. Sales performance through the "Influencer" is calculated based on payment transactions generated through a unique Tracking Link or Promo Code provided by the "Company."

  2. The "Client" agrees that affiliate commissions are calculated based on the number of clicks, conversion rates, and sales performance data collected by the "Company’s" platform system. Unless a clear system error is proven, the "Client" cannot object to this data.

Article 6 (Distribution of Affiliate Profits and Restrictions on Settlement)

  1. The "Client" is obligated to pay the 'Affiliate Commission Rate' (e.g., a certain percentage of the sales amount) set at the time of campaign registration to the "Influencer." The "Company" shall first deduct this commission from the Client's sales proceeds and pay it to the "Influencer."

  2. Prohibition of Arbitrary Commission Changes: The "Client" may not unilaterally reduce the affiliate commission rate for sales that have already occurred or are in progress while the campaign is ongoing or the influencer’s content is posted.

  3. In principle, the affiliate commission is calculated based on the "Actual Product Payment Amount (Net Sales)," which excludes international shipping costs, customs/taxes, and platform discount coupons from the "Buyer’s" total payment.

Article 7 (Payment and Settlement)

1. Overseas "Buyer" Payment and Currency

  • The selling price of goods through the "Mall" is calculated and paid in local overseas currency (e.g., USD or other currencies designated by the Company).

  • In addition to the price of the goods, the selling price may include international shipping fees, local overseas taxes, and other fees. The Company must clearly notify these before payment.

2. Settlement for Korean Client (Brand)

  • Settlement Amount: The "Company" pays the "Client" the amount remaining after deducting the pre-agreed 'Platform Usage Fee', 'Payment Gateway (PG) Fee', and 'International Shipping Fee' from the total amount paid by the overseas "Buyer."

  • Applied Exchange Rate: When converting foreign currency into Korean Won (KRW) for settlement, the 'Bank of Korea's Standard Market Rate on the settlement date designated by the Company' shall apply. Gains or losses due to exchange rate fluctuations shall be borne by each party.

  • Settlement Cycle: (e.g., Paid on the 15th of the following month based on the last day of each month, as per the Company's policy).

3. Settlement for Overseas Influencers (Profit Sharing / Commission)

  • Settlement Conditions: Profits (commissions) are settled at the pre-agreed rate only for 'Confirmed Purchases' generated through the "Influencer's" unique link or promo code.

  • Fees and Taxes: Bank fees (telegraphic transfer fees, intermediary fees, etc.) incurred during overseas remittance to the "Influencer" are deducted from the influencer's settlement. If withholding tax is required by tax treaties with the country of residence, it will be deducted before payment.

  • Settlement Currency: In principle, settlement shall be paid in US Dollars (USD) or a mutually agreed currency.

4. Processing of Cancellations (Refunds)

  • If a return, cancellation, refund, or credit card chargeback occurs by the overseas "Buyer," the transaction will be excluded from settlement.

  • If a refund occurs after settlement has been completed, the "Company" may deduct the amount from the next settlement due to the "Client" and "Influencer" or request a separate refund.

Article 8 (Processing of Settlement and Refunds)

  1. The "Company" proceeds with the settlement to the "Client" only for orders among the overseas "Buyer's" payments that have finally reached 'Purchase Confirmation' (completion of delivery and expiration of exchange/return period).

  2. Orders involving the "Buyer's" withdrawal of subscription, returns due to change of mind, refunds due to product defects, or payment cancellations (Chargebacks) are excluded from settlement.

  3. The "Company" calculates the settlement amount based on the final net amount after deducting all payment fees, platform fees, and other related expenses for the order.

  4. If a cancellation or refund occurs for exceptional reasons after settlement is completed, the "Company" may deduct the amount from the next month's settlement for the "Client" or claim a separate refund.

Article 9 (Overseas Shipping and Customs)

1. Shipping Method and Responsibility

  • In shipping goods to overseas "Buyers," the "Client" may choose a suitable method among self-shipping, using a logistics network linked by the "Company," or using fulfillment services provided by the "Company" (if applicable).

  • The "Company" only acts as an intermediary for payments and information transfer through the platform. The Company is not responsible for delays, damage, or loss occurring in the shipping process conducted by the "Client" directly or through the partner logistics network, unless there is intentional or gross negligence by the Company.

2. International Shipping Fees and Customs/Taxes (Incoterms)

  • Whether international shipping fees are charged (e.g., free shipping conditions) and who bears taxes/duties (customs, VAT) upon entry into the importing country depends on the trade terms (DDP, DAP, etc.) set by the "Client" on the platform during campaign and product registration.

  • The "Company" must clearly notify the overseas "Buyer" of the shipping costs and tax/duty conditions set by the "Client" on the "Mall" payment screen before the order is finalized.

3. Customs Delay and Refusal of Receipt

  • If local customs clearance is delayed or returned due to the overseas "Buyer's" fault (incorrect recipient information, refusal to pay local taxes/duties, failure to check prohibited items in advance, etc.), any additional return shipping costs, storage fees, and other expenses shall, in principle, be borne by the overseas "Buyer."

  • If the goods are destroyed by the relevant customs or returned for the reasons mentioned above and costs are charged to the "Client" or "Company," the refund for the purchase may be restricted.

  • If items are confirmed as prohibited or violate policies upon inspection, the Company may destroy the items or hand them over to the relevant authorities, with additional costs charged to the "Client."

  • The Company holds the absolute right to dispose of (destroy, etc.) returned items locally as it deems appropriate. In this case, the "Client" is deemed to have forfeited all ownership and rights to the returned items.

  • Due to the nature of cross-border transactions, items for which a "Buyer" has requested a refund or return for legitimate reasons will not, in principle, be returned to the "Client" in Korea.

Article 10 (Content Copyright and Secondary Utilization)

  1. The original copyright of the content created by the "Influencer" through the Linckle platform belongs to the "Influencer."

  2. The "Client" may utilize the content secondarily for marketing purposes, such as on their own shopping mall or SNS advertisements, provided there is a prior agreement with the "Influencer."

  3. Matters regarding secondary use, scope of permission, period of use, and additional compensation must be clearly discussed between the "Client" and "Influencer" through platform functions. The "Company" assumes no responsibility for any copyright infringement or legal disputes arising from the "Client's" unauthorized use of content beyond the agreed scope.

Article 11 (Mid-term Termination of Campaign and Prior Notice Obligation)

  1. If the "Client" needs to terminate a campaign early or change conditions due to stock depletion or unavoidable internal circumstances, they must clearly notify the "Company" and participating "Influencers" through the platform system at least 7 days in advance.

  2. Sales performance generated through links already distributed by the "Influencer" during the prior notice period (7 days) must be settled normally applying the commission rate agreed upon before the cancellation.

Article 12 (Contract Termination and Service Restrictions)

  1. The "Company" may immediately suspend service permanently and terminate this contract without prior notice if the "Client" commits any of the following material violations (Red Card):

    • Violation of Direct Transaction Prohibition: Attempting to or inducing direct transactions with "Influencers" by bypassing the "Company's" platform.

    • Handling Illegal/Fake Goods: Registering or selling counterfeit goods, products that infringe on third-party intellectual property rights, or illegal products prohibited by the laws of relevant countries.

    • Deceptive Mis-shipping: Deceiving the "Buyer" by intentionally shipping a product clearly different from what the overseas "Buyer" paid for.

  2. The "Company" may issue a primary request for correction (Warning) in the following cases. If not corrected within the specified period or if violations are repeated, the Company may temporarily suspend service or terminate the contract (Yellow Card):

    • Shipping Delay: Failing to complete the shipment of goods within 7 days from the order collection date without a justifiable reason such as a natural disaster.

    • Negligence of CS Obligations: Consistently failing to respond to or neglecting legitimate CS requests (exchanges, refunds, shipping inquiries) from overseas "Buyers," thereby damaging the reliability of the platform.

  3. If financial or non-financial damage is caused to the "Company," "Influencer," or "Overseas Buyer" due to reasons attributable to the "Client" under this Article, the "Client" shall bear all liability for compensation.

Article 13 (Disclaimer of the Company)

  1. The "Company" only provides a system to mediate transactions between the "Client" and the "Influencer" and does not represent either party.

  2. The "Company" is exempt from liability for providing services if it cannot provide services due to network failure, natural disasters, or equivalent force majeure.

  3. The "Company" does not guarantee the legality of the campaign content registered by the "Client," the quality of content produced by the "Influencer," or the marketing effect, and is not responsible for disputes related thereto.

Article 14 (Confidentiality)

  1. The "Client" shall not leak to a third party or use for purposes other than the purpose of this contract the "Company's" technical and business secrets (affiliate commission rates, matching logic, etc.), the "Influencer's" personal information, and profit data acquired during the service use.

  2. The confidentiality obligation under this Article shall remain valid for 3 years even after the service use contract is terminated or expires.

Article 15 (Governing Law and Jurisdiction)

  1. The laws of the Republic of Korea shall be the governing law for the interpretation of these Terms and any disputes arising between the "Company" and the "Client."

  2. If a lawsuit is filed regarding a dispute related to the use of the Service, the court having jurisdiction over the location of the "Company's" head office shall be the exclusive court of jurisdiction.

Connectica Co., Ltd. Email: ops@connectica.kr Address: #701-C02, 7th Floor, 226, Gasan digital 1-ro, Geumcheon-gu, Seoul, Republic of Korea (Gasan-dong, Ace High-end Tower 5th) Phone: +82-10-8962-0618 Business Registration Number: 695-87-03674 Corporate Registration Number: 110111-0954561