This document is a draft pending legal review. Final wording will be confirmed after review under Korea's Act on Consumer Protection in Electronic Commerce and Act on the Regulation of Terms and Conditions; until then, it is provided for reference only.
HanaEnglish Terms of Service
These are the Terms of Service for the HanaEnglish service (hereinafter the "Service") provided by FIRST FLUKE (hereinafter the "Company").
Effective date: (to be confirmed after legal review)
Business information
- Trade name: FIRST FLUKE
- Representative: Kim Gahyun
- Business registration number: 711-23-02368
- Mail-order sales registration number: 2025-Seoul Gwanak-0512
- Place of business: 25 Jowon-ro, Gwanak-gu, Seoul, Republic of Korea
- Business type/item: Information and communications / Application software development and supply
- Email: hello@firstfluke.com
Article 1 (Purpose)
These Terms govern the rights, obligations, and responsibilities between the Company and users, and other necessary matters, in connection with the use of HanaEnglish (hereinafter the "Service") provided by the Company.
Article 2 (Definitions)
① "Service" means the Company's 1:1 live video English classes, PTE (Pearson Test of English) learning content and on-device speaking scoring, and learning-record, league, and achievement features, and any related internet services, provided through the website.
② "User" means a member or non-member who uses the Service provided by the Company under these Terms.
③ "Member" means a person who has registered as a member of the Service and may continuously use the Service provided by the Company, distinguished into the "Student" and "Teacher" roles. A student role and learning profile are created automatically upon registration.
④ "Student" means a member who uses live video English classes and PTE learning content.
⑤ "Teacher" means a member who delivers live video English classes assigned by the Company.
⑥ "Video-meeting connection" means a Microsoft Teams or Zoom account a teacher has connected to the Service to deliver classes.
⑦ "Paid Service" means subscription products (such as Pro Monthly and Exam Pass) and add-on features the Company provides for a fee, and "Free" means the plan provided at no charge within limits the Company sets.
Article 3 (Disclosure, Explanation, and Amendment of These Terms)
① The Company posts the content of these Terms, its trade name and representative's name (Kim Gahyun), the address of its place of business (25 Jowon-ro, Gwanak-gu, Seoul, Republic of Korea), its email address (hello@firstfluke.com), and its business registration number (711-23-02368) on the initial screen of the Service or a Terms of Service page so that users can easily find them.
② Before a user agrees to these Terms, the Company provides a separate linked screen or pop-up to help the user understand important matters such as service suspension, restrictions on use, contract termination, and payment and refund of the Paid Service, and obtains the user's confirmation.
③ The Company may amend these Terms to the extent it does not violate applicable law, including the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Personal Information Protection Act.
④ Where the Company amends these Terms, it will specify the effective date and reasons for the amendment and give notice, together with the current Terms, on the initial screen of the Service from seven days before the effective date until the day before it. However, where the amendment is disadvantageous to users, the Company will give at least 30 days' advance notice.
⑤ Matters not stipulated in these Terms and the interpretation of these Terms are governed by applicable law or customary practice.
Article 4 (Provision and Modification of the Service)
① The Company performs the following:
- Booking, assignment, and delivery support for 1:1 live video English classes
- Provision of PTE learning content (dictation, speaking practice, review scheduling)
- On-device speaking scoring and management of learning records and progress
- Motivational features such as leagues and achievements
- Paid subscription billing and issuance of certificates
- Other matters the Company determines
② The Company may modify the content of the Service for operational or technical reasons where there is a substantial reason to do so, and will notify users of such changes in advance through in-service notices or by email (hello@firstfluke.com).
③ The Company is liable for damages a user incurs as a result of a change to the Service, unless the Company proves the absence of intent or negligence.
Article 5 (Suspension of the Service)
① The Company may temporarily suspend the Service in the event of maintenance, replacement, or failure of information and communications facilities, communication outages, or an outage of a video-meeting connection service (Microsoft Teams, Zoom).
② The Company is liable for damages a user incurs from a temporary suspension under paragraph ①, unless the Company proves the absence of intent or negligence.
③ Where the Company can no longer provide the Service due to a change of business or discontinuation of business, the Company will notify users by the method set out in Article 8 and compensate users under the conditions the Company originally presented.
Article 6 (Membership Registration)
① A user applies for membership by completing the registration form the Company prescribes and agreeing to these Terms and to the collection and use of personal information. A student role and learning profile are created automatically upon registration, and the Free plan under Article 9 applies immediately. Agreeing to these Terms includes consent to receive email and push marketing communications and to provide voice samples for AI model improvement. Users may review and withdraw each consent at any time in the in-service settings menu; withdrawing a consent does not affect Free plan access.
② The Company registers as a member any user who applies for membership, unless the user falls under any of the following:
- The registration contains false information, omissions, or errors
- The user has previously lost membership status (except where the Company has approved re-registration)
- Registering the user as a member is determined to cause the Company significant technical difficulty
- The user is confirmed to be under the age of 14 and the applicable legal-guardian consent procedure has not been completed
③ A membership agreement is formed at the point the Company's approval reaches the member.
④ Where any information a member registered at sign-up changes, the member must notify the Company of the change within a reasonable period, such as by updating the member's information.
Article 7 (Withdrawal and Loss of Membership)
① A member may request withdrawal at any time through the account settings menu within the Service or by contacting customer support (hello@firstfluke.com), and the Company will process the withdrawal and destroy personal information without delay, except for information it must retain under applicable law.
② The Company may restrict or suspend a member's status where the member:
- Registered false information at sign-up
- Has caused damage to the Company or a third party in connection with use of the Service
- Has interfered with another person's use of the Service or misappropriated another person's information
- Has bypassed on-device scoring or submitted manipulated audio or records, or has manipulated league rankings by improper means
- Has committed any act prohibited by law or these Terms, or contrary to public order and morals, using the Service
③ Where a member's status has been restricted or suspended and the same conduct recurs two or more times, or the cause is not remedied within 30 days, the Company may revoke the member's status, after giving the member notice and an opportunity to explain.
Article 8 (Notices to Members)
① The Company may give notice to a member at the member's designated email address or via a push notification the member has consented to receive.
② For notices to an unspecified number of members, the Company may substitute individual notice by posting in the Service's announcements for at least seven days. However, the Company will give individual notice for matters that materially affect a member's own transaction.
Article 9 (Plans and Payment of the Paid Service)
① The Company offers the following plans; the specific usage limits and fees for each plan are posted on the Service screen.
- Free: A plan provided at no charge within limits the Company sets, applied immediately upon registration under Article 6 ① with no separate step. Consent to email and push marketing communications and to providing voice samples for AI model improvement is given together with registration; it may be withdrawn at any time in the settings menu, and withdrawal does not restrict Free plan access. A user may upgrade to a paid plan at any time.
- Pro Monthly: A subscription plan that renews automatically each month
- Exam Pass: A fixed-term plan available for a set period (30 or 90 days) that does not renew automatically
② Payment for the Paid Service is made through a payment gateway (PG) the Company designates, using a payment method the Company provides, such as a credit card. Payment instrument details are processed by the payment gateway and are not stored by the Company.
③ The user is responsible for the accuracy of the information entered during payment, and the Company is not liable for any disadvantage arising from inaccurate information.
Article 10 (Automatic Renewal, Withdrawal/Cancellation, and Refunds for Subscriptions)
① A recurring subscription such as Pro Monthly renews automatically for the set period unless the user cancels, and is charged to the registered payment method at renewal. Exam Pass expires at the end of its fixed term and does not renew automatically.
② Before charging an automatic renewal, the Company notifies the user, through an in-service notice or by email (hello@firstfluke.com), of the upcoming charge, the amount, and how to cancel the renewal.
③ A user may cancel a subscription before its automatic renewal, through the subscription management menu within the Service or by contacting customer support (hello@firstfluke.com).
④ A user may withdraw the subscription and request a full refund within seven days of payment for the Paid Service, provided the user has not used any paid feature. Because the Service is provided on a term and usage basis, once use of a paid feature has begun, withdrawal is restricted under Article 17(2) of the Act on Consumer Protection in Electronic Commerce on the basis that the corresponding portion of the service has been fully rendered; the Company discloses this in advance on the payment screen.
⑤ Where withdrawal is effected, the Company refunds the payment through the payment gateway to the same payment method within three business days of receiving the withdrawal request.
⑥ Where withdrawal is restricted under paragraph ④, or where a user cancels a subscription during its term, fees already paid are not refunded, and the user may continue to use the Service until the end of the paid period. However, where the user was unable to normally use the Service due to a cause attributable to the Company, the user may request a refund for the unused portion.
⑦ A free trial (the Free plan or a separate trial session) the Company provides does not automatically convert into a paid subscription unless the user directly purchases a paid plan.
⑧ Where the price of a subscription changes, the Company gives notice 30 days before the change takes effect, and a user who does not agree to the new price may cancel the subscription.
⑨ The Company does not use dark patterns, such as hidden renewal terms or deliberately complicated cancellation paths, that would mislead users during subscription or cancellation.
Article 11 (Live Classes and Video-Meeting Connections)
① Live video English classes are delivered with a teacher assigned by the Company through Microsoft Teams or Zoom. A student must join at the scheduled time using the provided video-meeting link; policies on unexcused absence or tardiness follow any in-service notice or separate guidance.
② A teacher's connected video-meeting account information is used only to assign classes and confirm attendance, and connection tokens are stored encrypted.
③ The Company is not liable for restrictions arising from a video-meeting provider's (Microsoft's or Zoom's) policy changes, pricing policies, or service disruptions.
Article 12 (Voice Data and On-Device Scoring)
① Scoring of speaking practice in the Service is, in principle, processed entirely on the user's device (in the browser), and the Company does not collect the user's voice on its servers for scoring purposes.
② Voice is transmitted to and processed on the server only where a user disputes a scoring result and directly selects and submits a specific recording clip, or where a user has consented to provide a voice sample for AI model improvement. Details follow Article 9 of the Privacy Policy.
③ On-device scoring results are estimates for learning-reference purposes, and the Company discloses that they do not guarantee actual PTE exam results.
Article 13 (Protection of Personal Information)
① The Company collects the minimum personal information necessary to provide the Service, and discloses the purpose and obtains consent when collecting and using it.
② The Company does not use collected personal information for any purpose other than the disclosed purpose, and discloses the purpose and obtains consent in advance where a new purpose of use arises or where information is provided to a third party, except as otherwise provided by applicable law.
③ Specific standards and methods for processing personal information are set out in the Privacy Policy.
Article 14 (Obligations of the Company)
① The Company does not engage in conduct prohibited by law or these Terms or contrary to public order and morals, and makes its best efforts to provide the Service continuously and stably.
② The Company maintains security systems to protect personal information so that users can use the Service safely, and stores video-meeting connection tokens encrypted.
③ The Company does not send unsolicited commercial advertising emails or push notifications to users who have not consented to receive them.
Article 15 (Members' Obligations Regarding ID and Password)
① A member is responsible for managing the member's own ID (email) and password and must not allow a third party to use them.
② Where a member becomes aware that the member's ID or password has been stolen or is being used by a third party, the member must notify the Company immediately and follow the Company's guidance.
Article 16 (Obligations of Users)
Users must not engage in any of the following:
- Registering false information when applying or making changes
- Misappropriating another person's information
- Bypassing or manipulating the on-device scoring logic, or submitting manipulated audio or records
- Manipulating rankings in motivational features such as leagues or achievements by improper means
- Infringing the copyright or other intellectual property rights of the Company or a third party
- Damaging the reputation of, or interfering with the business of, the Company or a third party
- Accessing the Service by automated means without the Company's prior consent, or interfering with the normal operation of the Service
- Any act that violates applicable law
Article 17 (Ownership and Restriction of Use of Copyright)
① Copyright and other intellectual property rights in PTE learning content (items, passages, sample audio, and the like) the Company has created, and in the Service, belong to the Company.
② A user must not use, for a commercial purpose or for a third party's use, information among that obtained through use of the Service in which intellectual property rights belong to the Company, by reproduction, transmission, publication, distribution, or any other method, without the Company's prior consent.
③ "PTE" is a trademark of Pearson plc or its affiliates, and the Company is not affiliated with or sponsored by Pearson. The Service supports learning to prepare for the PTE exam and is not the actual exam-administering or scoring organization.
Article 18 (Limitation of Liability and Disclaimer)
① The Company is exempted from liability for providing the Service where it is unable to do so due to force majeure, such as a natural disaster or an equivalent event.
② The Company is not liable for a disruption in a user's use of the Service caused by a reason attributable to the user.
③ The Company is not liable, absent its intent or gross negligence, for damages arising from the use of on-device scoring results or learning content, or from any difference between those results and an actual PTE exam score.
④ The Company is not liable for restrictions arising from a video-meeting provider's (Microsoft Teams's or Zoom's) policy changes, disruptions, or discontinuation of service.
Article 19 (Dispute Resolution)
① The Company endeavors to reflect legitimate opinions or complaints raised by users and to remedy any resulting harm.
② Where a user applies for relief in connection with a dispute between the user and the Company, the dispute may be referred to mediation by the Korea Fair Trade Commission or a dispute mediation body commissioned by a metropolitan or provincial governor.
Customer support and dispute-related bodies
- Customer support email: hello@firstfluke.com
- Korea Fair Trade Commission Consumer Counseling Center: 1372 (www.ftc.go.kr)
- Korea Consumer Agency Consumer Dispute Mediation Committee: 1372 (www.kca.go.kr)
- Personal Information Dispute Mediation Committee: 1833-6972 (www.kopico.go.kr)
Article 20 (Jurisdiction and Governing Law)
① Litigation concerning a dispute between the Company and a user is subject to the exclusive jurisdiction of the district court having jurisdiction over the user's address at the time the lawsuit is filed, or, if there is no such address, the user's place of residence. However, where the user's address or place of residence is not clear or the user resides abroad, the lawsuit is filed with the court of competent jurisdiction under the Civil Procedure Act.
② The law of the Republic of Korea applies to any lawsuit filed between the Company and a user.
Addendum
These Terms apply from their effective date (to be confirmed after legal review).