TERMS OF SERVICE

Last Updated: July 4, 2024

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the websites located at getneed.com (collectively, the “Site”) and the cancer protection system platform (the “Need Platform,” as further described below) accessible via the mobile application (“App”) offered by Need Korea LLC (“Need”). To make these Terms easier to read, the Site, the Need Platform, the App and Platform services are collectively called the “Services.”

1. Need Platform

Need may provide the following services. These services will be collectively referred to as “Platform Services”:

(a) Supporting users of the Services (“users” or “you”) to conveniently receive the most up-to-date, guideline-based cancer screening. Through this service, you will be able to receive information on medical institutions providing screening, information based on international guidelines (NHIS screening guidelines and Korea’s National Cancer Center screening project recommendations) and information from a support team if you have any questions (however, specific examinations and recommendations related to cancer screening are not included in the services, and you should separately consult with a medical institution or professional for such matters).

(b) Need Customer Support Team providing assistance in collecting your medical information and alerting your providers about how to use the separate provider-focused application.

(c) Facilitating users to receive the most up-to-date, international guideline-based cancer treatment from their providers through the following activities, systems, and feature sets: case activation; provider onboarding; data collection and digitization; data validation; and access to the Need customer support team for care navigation.

The decision to use the above service is entirely based on the personal judgment of the attending physician. While Need provides support for the use of this service, it does not require or force the attending physician to use this service, nor does it guarantee the attending physician's use of this service. The user fully understands the above and explicitly acknowledges that this service may not be used based on the attending physician's judgment.

(d) Facilitating users to receive the most up-to-date, guidelines-based follow-up care from their providers and screening, aimed at assisting your provider in optimizing treatment-related symptoms, as well as enabling the detection of cancer recurrence or new cancers. This service incorporates personalized guidelines-based survivorship plans, symptoms monitoring and reporting, as well as support from the Need customer support team.

(e) Any other services that Need may provide to the user through the App.

2. Agreement to Terms

By your consent to these Terms and your use of our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.

3. Privacy Policy

‍Need collects and uses user personal information to provide the Services in accordance with relevant laws such as the Personal Information Protection Act, the detailed matters of which are notified in our Privacy Policy. Please review our Privacy Policy for information on how we collect, use and share your information.

4. Changes to these Terms or the Services

‍If necessary in the course of providing the Services, we may update the Terms from time to time (“Updated Terms”). If we do, we’ll let you know with reasonable advance notice (typically at least 7 days’ advance notice) by posting the Updated Terms on the Site and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it shall be deemed that you accept and agree to the changes. If you don’t agree to be bound by the changes, your use of the Services may be suspended and your access to the Service may be revoked. Because our Services are evolving over time, all or part of the Services may be changed or suspended in unavoidable cases such as maintenance, inspection, replacement, or breakdown of information and communication facilities or interruption of communications. Need will notify you in advance if possible, but notice may be made after the fact in unavoidable circumstances.

5. Subscription and Activation of the Services

(a) Users may use the Services without registering or creating an account with Need, but in such case access to certain Services in the App (including core services of Need) may be restricted, pursuant to Need’s policies.

(b) If users wish to access Need’s Services in full, users must subscribe (register) to the App to use the Services. When using the Services for the first time, you must enter the information requested by Need, such as e-mail address and password, and perform the registration procedures. You can create and manage only one account per user.

(c) Need may refuse a user’s subscription to the Services or refuse to provide the Services after registration if the user’s underlying insurance policy, which is the basis for providing the Services, is ineffective.

(d) In order to sign up for this service, you must be at least 15 years old, and not otherwise restricted from using the Services under the laws of the Republic of Korea. Registration applications for those who do not meet these qualifications may be rejected.

(e) You must provide accurate, complete, and current information requested by Need in relation to your account and must keep such information up to date. If not, Need may temporarily suspend or terminate your account.

(f) In order to protect your account, you must keep the account details and password confidential, and if any unauthorized use occurs, you must immediately notify Need. Need may take measures to suspend or restrict the use of a user's account if the user's account is used for illegal or unfair purposes.

6. Your Relationship with Need

Need acts solely as an information technology platform to provide you with products and services offered through the Services. Need is not a medical institution, and the Services constitute a health management service provided by a non-medical institution that does not fall under the Korean Medical Service Act. We recommend that cancer patients or users suspected of having cancer or other diseases consult with a medical institution or a medical professional.

7. Disclosures Regarding Content

(a) The Services are provided to users for informational purposes only. The Services cannot replace professional medical practice, and you must consult with a medical institution or a medical professional in executing any and all recommendations, information, and data provided through the Services.

(b) Need is committed to protecting the safety and privacy of your health information, including integrating network and software security protocols of relevant electronic systems. Need strives to protect users' personal information, such as taking reasonable measures in accordance with relevant laws and regulations. Need is not responsible for users who circumvent the privacy settings or security measures used in the Services.

8. Limited Use and Availability

‍The Need Platform is currently only available to authorized users who are located in Korea. Our Services may be subject to national or local regulations and may change from time to time due to changes in applicable regulatory requirements. In addition, the following limitations and qualifications apply to you if your use of the Services is connected to your purchase of a qualifying insurance policy:

(a) Subject to (c) below, if your insurance policy monthly premium is under 50,000KRW, you will have access to all of Need's Services for two (2) years from the effective date of your insurance policy as long as your policy is in-force;

(b) Subject to (c) below, if your insurance policy monthly premium is more than or equal to 50,000KRW, you will have access to all of Need's Services for the duration of your payment period so long as the policy is in-force;

(c) In the event of a cancer diagnosis, you will have access to Services described in Section 1(c) and 1(d) for two (2) years from the date of your initial cancer diagnosis regardless of the monthly insurance premium, after which time you will no longer have access to such Services. During that two-year period, you will have unlimited access to Need's service for cancer identical to your initial diagnosis (“same cancer”). New cancers outside of your initial diagnosis do not qualify for use of Need's Service described in Section 1(c). After the two-year period has expired, you will no longer have access to Need's services. “Same cancer” means a recurrence, residual, or metastasis of the same cancer cell initially diagnosed; and

(d) The Service described in Section 1(c) cannot be activated within the first ninety (90) days after the effective date of your insurance policy, except for the following cancer diagnoses for which such Service can be activated immediately after the effective date:

i. Thyroid cancer (malignant neoplasm of the thyroid gland)

ii. Other skin cancers (other malignant neoplasms of the skin)

iii. Carcinoma in situ of breast

iv. Benign neoplasms of meninges; of brain and other parts of central nervous system; and of pituitary gland, craniopharyngeal duct, and pineal gland

v. Classification of neoplasms with unknown behavior or unknown behavior.

  1. of oral cavity and digestive organs
  2. of middle ear and respiratory and intrathoracic organs
  3. of female genital organs
  4. of male genital organs
  5. of urinary organs
  6. of meninges
  7. of brain and central nervous system
  8. of endocrine glands
  9. of lymphoid, haematopoietic, and related tissue
  10. of other and unspecified sites

In addition to the above limitations, please note that the following diagnoses are excluded from the Service described in Section 1(c):

  • Carcinoma in situ of oral cavity, oesophagus and stomach
  • Carcinoma in situ of of other and unspecified digestive organs
  • Carcinoma in situ of middle ear and respiratory system
  • Melanoma in situ
  • Carcinoma in situ of skin
  • Carcinoma in situ of cervix uteri
  • Carcinoma in situ of other and unspecified genital organs
  • Carcinoma in situ of other and unspecified sites

We may modify this list as necessary, and if so, we will update the Terms in accordance with section 4 above.

NOTE: The Service described in Section 1(c) is dependent upon your doctor’s participation in, and agreement to use, the Services. In addition, if your use of the Services is not connected to your purchase of a qualifying insurance policy, not all Services will be available to you.

9. Feedback

We appreciate feedback, comments, testimonials, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. Need will not publish your name or other identifying information in connection with any testimonial unless you have given us your prior approval. Need may republish any publicly available review, comment, or testimonial about Need or the Services on the Site or in other media.

10. Your Content

(a) User Content. Our Services may allow you to submit, store, or share information, data, or content such as chat messages, text, files, assessments, self-report measures, lab samples, laboratory results, prescriptions and pharmaceutical documents, health information, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” Need does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permissions to Your User Content. By making any User Content available through the Services, subject to applicable laws and the Privacy Policy, you hereby grant to Need a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, improving and providing the Services, other purposes as set forth in the Privacy Policy, or as authorized by you through separate consent.

(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that your User Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(e) Need’s Intellectual Property. Need retains rights to all content subject to intellectual property rights under the Services and any of its components.

11. Rights and Terms for Apps

If you comply with these Terms, Need grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

12. Service Text Messages‍

If you provide your mobile phone number, Kakao ID, or other information to Need (whether online or via text message) and consent to receiving information (including advertising information for commercial purposes) from Need through electronic transmission media, you grant Need the right to send you information through an electronic transmission media (such as through mobile phone, SNS message, or in-app push message). You may refuse to receive such information by explicitly expressing your intention to ["refuse to receive"] such information from Need pursuant to relevant laws and regulations.

13. General Prohibitions and Need’s Enforcement Rights‍

You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Services or any individual element within the Services, Need’s name, any Need trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Need’s express written consent;

(c) Access, tamper with, or use non-public areas of the Services, Need’s computer systems, or the technical delivery systems of Need’s providers;

(d) Attempt to probe, scan or test the vulnerability of any Need system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Need or any of Need’s providers or any other third party (including another user) to protect the Services;

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Need or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Need trademark, logo URL or product name without Need’s express written consent;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Stalk or harass any Need employee either through or outside your use of the Services;

(p) Report false or fictitious emergencies, whether relating to yourself or others;

(q) Violate any applicable law or regulation; or

(r) Encourage or enable any other individual to do any of the foregoing.

We have the right to monitor access to or use of the Services or to review or edit any content for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. If necessary, we may remove or disable access to any content, including User Content, including if we determine it objectionable or in violation of these Terms. We may investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

14. Links to Third Party Websites or Resources

The Services may allow you to access third-party websites or other resources. We provide access only to provide information and do not recommend, endorse, or broker any third-party products or services. We are not responsible for the content, products or services on or available from those resources or links displayed on such websites, and you assume responsibility for your use of any third-party resources.

15. Termination

We may suspend or terminate your access to and use of the Services and our contractual relationship under these Terms, including suspending access to or terminating your account, for reasonable cause. You may cancel your account at any time by sending us an email at hello@getneed.com or deleting (canceling) via the account management page of the Site, whereupon Need will remove your access to the Need platform and Services. Need may retain your health information on the Need system/platform to the extent permissible under applicable law. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 9(b), 9(c), 9(e), 10, 13, 14, 15, 16, 17, 18 and 19.

16. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. General advice posted to the Site or relayed through the Services is for informational purposes and is not intended to replace or substitute any medical practice from a medical practitioner or institution.

Some parts of the Need’s Service may utilize AI (artificial intelligence). Need will strive to provide the best service to customers through AI; however, it does not warrant or guarantee the legality, originality, exclusivity, reliability, accuracy, authenticity, usability, or suitability for a specific purpose of the outcomes or results produced through AI.

17. Indemnity

You will compensate Need and its officers, directors, employees and agents, for any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

18. Limitation of Liability

(a) NEITHER NEED NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES.

(b) NEED IS NOT RESPONSIBLE FOR ANY DAMAGES SUFFERED BY USERS DUE TO THE ACTIONS OF THIRD PARTIES INCLUDING OTHER USERS USING THE SERVICES.

(c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED FORTY- TWO WON (142 KRW), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NEED, AS APPLICABLE.

(d) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEED AND YOU.

19. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the laws of the Republic of Korea, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes in the first instance will be the Seoul Central District Court.

20. General Terms

(a) Reservation of Rights. Need and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services..

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Need and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Need and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Need’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Need may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by Need under these Terms will be given: (i) via email; or (ii) by posting to, or notices from, the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. Need’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Need. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21. Contact Information

If you have any questions about these Terms or the Services, please contact Need at legal@getneed.com.