Terms of Service

Welcome to BigSmile. These terms set out the conditions on which you may use our website and services. Using the website or creating an account is taken as acceptance of these terms, so please read them carefully.

1. Acceptance of these terms

By using our website or signing in with a Google account you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the website or the services.

2. Changes to these terms

We may change these terms at any time. Amended terms are posted on this page with a new “last updated” date. Continuing to use the service after a change is taken as acceptance of the amended terms.

3. Accounts

1. Accounts are created by signing in with a Google account; there is no separate password.
2. You are responsible for keeping your Google account secure and for activity carried out through it.
3. You must provide accurate, up-to-date information and must not use anyone else's information.
4. You may delete your account at any time on the “Account settings” page. Idea submissions and electronic signature records you have already made may be retained for the period set out in the Privacy Policy.

4. Use of the website

You agree to use the website only for lawful purposes and not to:

• use it in breach of applicable laws or regulations;
• attempt unauthorised access to the system or to other people's accounts;
• interfere with or disrupt the operation of the website;
• harvest or scrape information without permission;
• transmit viruses or malicious code;
• impersonate any person or organisation or misrepresent your affiliation; or
• post or transmit content that is unlawful, obscene, discriminatory or infringes the rights of others.

5. Idea submissions and revenue share

1. You may submit ideas through the “Submit an idea” page.
2. On submission you accept and electronically sign a separate Idea Revenue Share Agreement, which governs the division of revenue from any product that is selected and built.
3. We decide at our sole discretion whether to take on a submitted idea and are under no obligation to select or build it.
4. Progress indications (received, under review, accepted, in production, launched, revenue share and so on) are provided for information and do not guarantee any particular schedule or outcome.
5. You warrant that any idea you submit is your own and does not infringe the rights of any third party.

6. Intellectual property

All content on the website — text, graphics, logos, images, software and so on — belongs to BigSmile or its licensors and is protected by copyright, trade mark and other applicable law. It may not be reproduced, modified, distributed or published without our prior written consent.

7. User content

Where you submit content to the website (idea descriptions, attachments, enquiries and so on) you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, store and translate it for the purposes of providing, reviewing and operating the service. You retain your rights in that content and warrant that it does not infringe the rights of any third party.

8. Suspension and changes to the service

We may change or discontinue all or part of the service after giving notice. Obligations under a revenue share agreement already concluded continue to be governed by that agreement.

9. Third-party links

The website may contain links to third-party sites that we do not own or control. We are not responsible for their content or privacy practices, and you use them at your own risk.

10. Disclaimer of warranties

Our website and services are provided “as is”, without warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted or free of errors or viruses, nor do we guarantee that any submitted idea will be selected or will generate any particular revenue.

11. Limitation of liability

To the extent permitted by applicable law, we are not liable for indirect, incidental, special, consequential or punitive damages arising in connection with use of the website or services.

12. Indemnity

You agree to indemnify BigSmile and its officers and staff against claims, damages and costs arising from your use of the website or your breach of these terms.

13. Governing law

These terms are governed by and construed in accordance with the laws of the Republic of Korea.

14. Dispute resolution

Disputes relating to these terms or to use of the website shall first be addressed through good-faith discussion; failing agreement, they shall be brought before the competent courts of the Republic of Korea.

15. Severability

If any provision of these terms is held invalid or unenforceable, the remaining provisions continue in force.

16. Language

Where these terms are provided in more than one language and the versions differ in interpretation, the Korean version prevails.

17. Entire agreement

These terms constitute the entire agreement between you and BigSmile regarding use of the website and supersede all prior agreements. The Idea Revenue Share Agreement for an individual idea takes effect separately from these terms.