Website Terms of Use Phazic 웹사이트 이용약관

1.1 Operator

The Site is operated by Devign29, a sole proprietorship registered in the Republic of Korea ("Devign29," "we," "our," or "us"). Contact details and business-registration information are set out in Article 16.

1.2 What these Terms cover

These Terms govern Your access to and use of the Site, including all pages, content, code, documentation, downloads, and forms accessible from the www.phazic.com domain and its subdomains (e.g., phazic.pages.dev for activation).

1.3 What these Terms do not cover

These Terms do not govern:

• Use of the Phazic Software (desktop, mobile, web builds, command-line tools, the Materials Database, templates, and documentation embedded in the Software) — governed by the End User License Agreement at www.phazic.com/eula ("EULA");
• Processing of personal data — governed by the Privacy Policy at www.phazic.com/privacy ("Privacy Policy");
• Third-party services linked from the Site — governed by the respective third party's terms.

If a matter is addressed by both these Terms and the EULA, the EULA controls with respect to software issues; if a matter is addressed by both these Terms and the Privacy Policy, the Privacy Policy controls with respect to personal-data issues.

1.4 Eligibility

You confirm that You are at least the age of majority in Your jurisdiction (or otherwise have legal capacity to enter into binding contracts), and that You will not access the Site from a country, territory, or with an intent that is prohibited under Article 14 of the EULA (export controls and sanctions), which apply, mutatis mutandis, to the Site.

1.5 Who You are buying from (Merchant of Record)

Merchant of Record. The Software is sold to You by Devign29, which is the seller and Merchant of Record for every order. There is no online checkout: licences are quoted, invoiced by Devign29 and settled by bank transfer, and Devign29 handles pricing, tax, invoicing and refunds. Your licence to use the Software is governed by the EULA.

Devign29 may in future sell certain orders — typically consumer orders in jurisdictions where a local merchant of record is required for tax purposes — through an authorised online reseller acting as Merchant of Record. No such reseller is in use at the date of these Terms. If one is used for Your order, You will be told before You pay, and that reseller's published buyer terms will additionally govern the contract of sale, payment, tax and refunds for that order.

1.6 Contract formation and timing

The purchase (sale) contract is concluded when Devign29 accepts Your order and issues the Order Confirmation. Your licence to use the Software takes effect on delivery of the License Key and Your first use of the Software, and is governed by the EULA. Where mandatory consumer law of Your habitual residence grants You a right of withdrawal (for example, a fourteen (14)-day cooling-off period), that period runs from the purchase (Order Confirmation) date, subject to any lawful loss of that right on commencement of performance as set out in the EULA and the Refund Policy.

2.1 "Site"

the website at www.phazic.com and its subdomains, including all pages, content, code, documentation, downloads, and online forms made available thereon.

2.2 "Site Content"

the text, images, illustrations, video, audio, design, layout, typography, code, downloadable artifacts, documentation, and other materials made available on the Site by Devign29 or its licensors.

2.3 "Submissions"

any information, file, or message You submit to the Site through demo-request forms, contact forms, support requests, or other interactive elements.

2.4 "Software"

has the meaning given in the EULA.

2.5 "Consumer"

has the meaning given in the EULA (a natural person acting outside the scope of any trade, business, craft, or profession).

2.6 "You"

any person who accesses or uses the Site, whether as a Consumer, a representative of a business or organization, or otherwise.

2.7 "Order Confirmation"

has the meaning given in the EULA — the electronic receipt or invoice issued by Devign29 upon Your purchase of the Software (see Section 1.5), identifying the product/SKU, License Key, term, activation count, and price actually paid.

3.1 Grant

Subject to Your continuous compliance with these Terms, Devign29 grants You a personal, non-exclusive, non-transferable, revocable permission to access and view the Site for the following purposes:

• evaluating, purchasing, or learning about the Phazic Software;
• downloading installer files, the Materials Database, documentation, and other artifacts that Devign29 has expressly made available for download;
• submitting demo requests, sales inquiries, or support requests;
• reading legal documents (the EULA, this Terms, the Privacy Policy, and related legal pages).

3.2 Reservation

All rights not expressly granted are reserved. No license to reproduce, redistribute, publicly display, modify, or create derivative works of Site Content is granted, except as permitted by mandatory exceptions of applicable copyright law (e.g., quotation, fair use, fair dealing).

3.3 No technical bypass

You may not access the Site through any means other than the interfaces and methods provided by Devign29 (e.g., a modern web browser visiting a public URL), and You may not bypass any access-control or rate-limiting mechanism the Site employs.

4.1 Ownership

The Site Content and all intellectual property rights therein (including, without limitation, copyright, database rights, trademark rights, and trade-dress rights, whether registered or unregistered) are and shall remain the exclusive property of Devign29 or its licensors. The "Phazic" name and logo, the "Devign29" name, and the visual design of the Site are protected by trademark, copyright, and unfair-competition laws.

This Article 4 governs the IP in the Site itself (its pages, code, design, marketing copy, screenshots, illustrations). Intellectual-property rights in the Software are governed by Article 6 of the EULA.

4.2 Permitted uses

You may, without separate permission from Devign29:

• view any publicly accessible page of the Site in a web browser;
• print, save to PDF, or otherwise locally store reasonable portions of the Site Content for Your personal, non-commercial reference;
• quote brief, identified excerpts of Site Content in scientific publications or news articles, with attribution to the Site (e.g., "Source: www.phazic.com");
• share a URL to a page of the Site on social media or in messages, without copying the underlying content.

4.3 Uses requiring prior written permission

The following uses require Devign29's prior written permission:

• any commercial use of Site Content, including in advertising, training materials, or competing-product comparisons;
• reproduction of the visual design, illustrations, or animations of the Site in any other website, application, or printed material;
• use of the Phazic or Devign29 marks or logos in a way that suggests endorsement, partnership, or affiliation;
• bulk download, archival, or republication of Site Content.

4.4 Feedback

Where You voluntarily submit suggestions, ideas, or feedback about the Site (separately from feedback about the Software, which is governed by Section 6.2 of the EULA), the same provisions of EULA Section 6.2, including the consumer carve-out, apply mutatis mutandis.

5.1 What You may submit

The Site provides interactive forms for: (a) demo requests, (b) sales inquiries, (c) support requests, (d) newsletter subscription (only if You opt in). When using these forms, You agree to provide accurate, current, and complete information, and to update such information as needed.

5.2 What You may not submit

You will not submit through any Site form:

• information that is false, misleading, or impersonates another person;
• confidential information of any third party (employer, client, supplier) that You are not authorized to disclose;
• information whose submission violates any law, including export-control law, sanctions law, or data-protection law;
• malware, executable code, or files designed to compromise the Site or its operators;
• spam, advertising, or unsolicited commercial communications.

5.3 License to use Submissions

By submitting any non-personal information through a Site form, You grant Devign29 a non-exclusive, royalty-free, worldwide license to use that information for the purpose of responding to Your request, providing the service You asked for, and improving the Site and the Software. Personal data within Submissions is processed in accordance with the Privacy Policy.

5.4 No confidentiality unless agreed

Unless and until You and Devign29 enter into a written non-disclosure or confidentiality agreement, Submissions are not treated as confidential. Do not submit information through the Site if You require confidentiality protection prior to such an agreement.

You may not, and may not permit any third party to:

1. scrape, crawl, harvest, or index the Site by automated means at a rate or volume materially exceeding that of a typical human visitor, except where explicitly permitted by a robots.txt directive or by prior written agreement;
2. use the Site, or any data obtained from it, to train a machine-learning model that competes with, or substantially replicates the functionality of, the Phazic Software;
3. reverse-engineer, decompile, or attempt to derive the source code of any client-side script, API, or other technical component delivered through the Site, except to the extent expressly permitted by applicable mandatory law (including Article 6 of EU Directive 2009/24/EC, Article 101-4 of the Republic of Korea's Copyright Act, and Section 1201(f) of the U.S. Digital Millennium Copyright Act) and only on the conditions set out in such law;
4. probe, scan, or test the vulnerability of the Site or any system or network connected to it, or breach or circumvent its security or authentication measures;
5. interfere with, disrupt, or impose an unreasonable load on the Site, its infrastructure, or its operators (including via denial-of-service attempts);
6. access the Site to monitor its availability, performance, or functionality for any benchmarking, competitive, or analytic purpose without Devign29's prior written consent;
7. frame, mirror, or otherwise reproduce the Site or any substantial part of it on any other website, application, or service;
8. use the Site, its forms, or its content in violation of applicable export-control, sanctions, anti-bribery, anti-corruption, or anti-money-laundering laws;
9. use the Site to send unsolicited commercial communications, conduct fraudulent activities, or impersonate any natural or legal person;
10. use the Site in any manner that violates applicable law, regulation, or third-party right.

A breach of this Article 6 constitutes a material breach of these Terms and entitles Devign29 to immediate termination of Your access under Article 11 and to pursue all available remedies, including injunctive relief.

7.1 To the maximum extent permitted by applicable law, the Site and the Site Content are provided "AS IS" and "AS AVAILABLE," without warranty of any kind. In particular:

• Accuracy. Site Content (including product descriptions, specifications, feature lists, version numbers, pricing, screenshots, illustrations, and roadmap statements) is provided for general informational purposes and may contain errors, omissions, or out-of-date information. Definitive prices and feature scopes are those identified in Your Order Confirmation; published prices on the Site are not binding offers.
• Forward-looking statements. Where the Site refers to planned features, future releases, or roadmap items, those are statements of present intent only, are subject to change, and do not constitute a commitment by Devign29.
• Availability. Devign29 does not warrant that the Site will be uninterrupted, error-free, secure, or free from harmful components. Scheduled maintenance, technical incidents, sanctions geo-blocking, and force-majeure events may render the Site temporarily inaccessible.
• Implied warranties. Devign29 disclaims all implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, quiet enjoyment, title, and non-infringement.

7.2 Statutory carve-out

Nothing in this Article 7 limits or excludes any warranty or right that cannot lawfully be limited or excluded under the law of a Consumer's habitual residence. See Article 13 for Regional Supplements.

8.1 Excluded damages

To the maximum extent permitted by applicable law, in no event shall Devign29, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for lost profits, lost data, lost goodwill, lost opportunity, or substitute service costs, arising out of or relating to Your access to or use of the Site, even if Devign29 has been advised of the possibility of such damages.

8.2 Aggregate cap

To the maximum extent permitted by applicable law, Devign29's total cumulative liability to You arising out of or relating to these Terms or Your use of the Site — whether in contract, tort (including negligence), strict liability, or any other theory — shall not exceed one hundred U.S. dollars (US$100). This cap applies only to the Site itself (this Article 8 does not govern liability for the Software, which is governed by EULA Article 11); accordingly, where the same event gives rise to both a Site-related claim and a Software-related claim, the EULA cap (fees paid in the prior 12 months, or US$100, whichever is greater) governs the Software portion of the claim. This Section 8.2 does not apply to, and shall not be construed to limit: (i) remedies for non-conformity of the Software under EULA §11.2(i) (Directive (EU) 2019/770 and equivalents); (ii) any higher minimum compensation that mandatory consumer-protection law of Your habitual residence requires Devign29 to make available to You; or (iii) the categories of non-excludable liability set out in Section 8.3.

8.3 Non-excludable liability

Nothing in these Terms excludes or limits Devign29's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; (d) breach of essential contractual obligations (so-called Kardinalpflichten or wesentliche Vertragspflichten), in which case liability for foreseeable damages typical of these Terms is not limited or excluded; or (e) any other liability that cannot lawfully be excluded or limited under applicable law (including, without limitation, Articles 7 and 9 of the Republic of Korea's Act on the Regulation of Terms and Conditions and Articles 8, 8-2, and 9 of Japan's Consumer Contract Act).

8.4 Basis of the bargain

You acknowledge that Devign29 provides the Site free of charge for general informational and pre-sale purposes, and that the limitations in this Article 8 reflect the allocation of risk appropriate to a free-of-charge service. Where You purchase the Software, the liability provisions of the EULA (which provide for a fees-paid-based cap) apply to that purchase rather than the present cap.

The Site may contain links to third-party websites, services, or resources (for example, to scientific publications, supplier pages, social media profiles, or payment-processor pages). Devign29 provides these links solely for Your convenience and does not endorse, sponsor, or assume any responsibility for the third-party content. Devign29 has no control over the third-party site's content, privacy practices, or availability, and Your interaction with any third-party site is governed by that third party's own terms and privacy policy. You access third-party sites at Your own risk.

Devign29 may, at any time and without prior notice, modify, suspend, discontinue, or remove any part of the Site, including any page, feature, form, link, content, or downloadable artifact, and may impose access limits or restrictions on any feature without prior notice. Devign29 is not liable to You or any third party for any such modification, suspension, or removal. Where mandatory consumer-protection law of Your habitual residence requires advance notice or a specific procedure for the modification of a service, that law applies in addition to and prevails over this Article 10.

Devign29 may, at its sole discretion and with or without notice, terminate or suspend Your access to the Site (in whole or in part, by IP address, account, or any other identifier) if Devign29 reasonably believes that You have violated these Terms, that Your access poses a security or operational risk to the Site, or that Your access is required to be blocked by applicable export-control or sanctions law (Article 14 of the EULA, applied mutatis mutandis). Where You are a Consumer, termination not based on a material breach by You or on a binding legal requirement will be preceded by reasonable advance notice where practicable.

Upon termination, the following provisions survive and continue to bind both parties to the extent applicable: §4 (Site IP — Devign29 retains its rights; Your statutory IP exceptions under §13.1(c) continue), §5.3 (Your license to Devign29 for Submissions already lawfully received), §6 (Prohibited Uses), §7 (Disclaimer), §8 (Limitation of Liability — including the consumer-protection floors and non-excludable categories in §8.2 and §8.3), §12 (Governing Law and Dispute Resolution), §13 (Regional Supplements), §14 (Relationship to EULA and Privacy), and §16 (Contact). Sections 3 (permission to use) and 10 (Site modifications) do not survive — You must cease use of the Site upon termination of access. Termination of access to the Site does not, by itself, terminate Your separate rights under the EULA in respect of Software already lawfully activated; those rights are governed by EULA Article 9.

12.1 Governing Law

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Korea, excluding its conflict-of-laws rules. Where You are a Consumer with habitual residence in a country whose law provides You with protections that cannot be derogated from by agreement, those mandatory protections shall prevail over this Article 12.1.

12.2 Mandatory negotiation

Before initiating any formal proceeding, the parties shall attempt in good faith to resolve any dispute by sending a written notice to the contact in Article 16 describing the dispute and the relief sought, and shall confer (in person or by videoconference) within thirty (30) days of such notice.

12.3 Arbitration (Business Users)

If a dispute is not resolved under Section 12.2 and neither party is a Consumer entitled to the carve-out below, the dispute shall be finally resolved by arbitration administered by the Korean Commercial Arbitration Board (KCAB International) under the KCAB International Arbitration Rules in force at the time of the notice of arbitration. The seat of arbitration shall be Seoul. The arbitration shall be conducted in English by a sole arbitrator. The arbitrator's award shall be final and binding and may be enforced in any court of competent jurisdiction.

12.4 Consumer carve-out

Where applicable law of Your habitual residence prohibits mandatory arbitration of consumer disputes or grants Consumers a non-waivable right to bring claims in the courts of their place of residence, Section 12.3 shall not apply to You as a Consumer, and disputes may be brought in the competent courts of Your habitual residence or, at Your election, in Seoul, Republic of Korea. See Article 13 for additional regional details.

12.5 Injunctive relief

Notwithstanding Sections 12.3 and 12.4, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or restrain a breach of Article 4 (Site IP) or Article 6 (Prohibited Uses).

The following provisions apply only where Your habitual residence is in the specified region and prevail over conflicting provisions of these Terms.

These Terms, the EULA at www.phazic.com/eula, the Privacy Policy at www.phazic.com/privacy, and the Refund Policy at www.phazic.com/refund together constitute the full set of legal terms between You and Devign29 with respect to the Site, the Software, personal data, and refunds. The relationship among them is as follows:

• These Terms apply to Your use of the Site (the web pages, code, forms, and downloadable artifacts).
• The EULA applies to Your installation and use of the Software (desktop, mobile, web builds, and related materials).
• The Privacy Policy applies to all processing of personal data by Devign29 in connection with the Site or the Software.
• The Refund Policy applies to cancellations, statutory withdrawal, and refunds in respect of the Software.

If a matter is addressed by both these Terms and the EULA, the EULA controls with respect to software issues. If a matter is addressed by both these Terms and the Privacy Policy, the Privacy Policy controls with respect to personal-data issues. If a matter is addressed by both these Terms and the Refund Policy, the Refund Policy controls with respect to refund and withdrawal issues. Otherwise, these Terms control with respect to Your use of the Site.

Devign29 may amend these Terms from time to time. Material changes (changes that meaningfully expand the categories of prohibited use, reduce User rights, or alter dispute-resolution mechanisms) will be notified by a banner on the Site for at least thirty (30) days before they take effect, and the version number and effective date in Article 17 will be updated. Non-material changes (clarifications, typographical fixes) will be reflected in the Version History below. Your continued use of the Site after the effective date constitutes acceptance of the modified Terms; if You do not agree to a modification, Your sole remedy is to stop using the Site. Where You are a Consumer and do not accept a material change, You may stop using the Site or terminate these Terms before the change takes effect; a material change does not apply retroactively and does not affect any licence to the Software that You have already purchased, which continues to be governed by the version of the EULA and these Terms in force at the time of Your purchase.