Terms of Service
Terms of Service
PlayMo Service
Article 1 (Purpose)
These Terms of Service (the “Terms”) govern the rights, obligations, and responsibilities between GUANA (the “Company”) and Members in connection with the use of the PlayMo service (the “Service”) provided by the Company, including conditions of use and dispute-resolution procedures.
Article 2 (Definitions)
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Member: A person (business or individual) who agrees to these Terms, registers for the Service, and uses it.
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Guest: A third party who submits song requests to the Service through a personal device at a Member’s venue and who has not entered into a separate service agreement with the Company.
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Service: A song-request management platform that allows a Member to approve, reject, and order the song-request information submitted by Guests, to build and manage the venue’s playlist, and to use playback management, statistics, and operational features.
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Song Request: Information regarding music, video, or similar content (e.g., title, artist, link/identifier) that a Guest submits to the Service for playback at the Member’s venue.
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Playlist: A list that a Member has approved and organized into an actual playback order.
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External Content Platform: A content provision, streaming, or player platform operated by a third party, such as YouTube, Melon, or Genie.
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Rights Holder: A person holding relevant rights—such as an author, performer, phonogram producer, or audiovisual copyright holder—and any organization (including collective management organizations) delegated to act on their behalf.
Article 3 (Scope and Nature of the Service)
1.
The Company provides the following functions to Members:
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Remote intake, approval/rejection, listing, and playback-order management of song requests
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Operational statistics, curation (default playlist for reference only), settings, and additional features for venue operation
2.
The Company does not directly provide (stream/download) music, video, or other content, and is not the party that transmits or plays content at the Member’s venue. The Service is a tool for managing song requests and playlists; actual playback is carried out under the Member’s responsibility via an External Content Platform chosen by the Member or a lawful source secured by the Member.
3.
The Company may perform system maintenance and updates to provide a stable Service and may change or suspend certain features where necessary.
Article 4 (Account and Formation of the Service Agreement)
1.
The service agreement is formed when a Member agrees to these Terms and completes the registration process.
2.
Members warrant that the information provided upon registration is accurate and current, and must update it immediately upon any change.
3.
The Company may restrict registration or subsequently terminate the service agreement in any of the following cases:
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Misappropriation of another person’s identity or provision of false information
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Where the purpose of violating laws or these Terms is evident
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Where the Member disrupts the normal operation of the Service or poses a security risk
Article 5 (Service Fees and Payment)
1.
The Service is provided on a paid subscription (monthly flat-rate) basis; fees, payment methods, and billing cycles follow the terms indicated within the Service or separately announced.
2.
Payment may be processed through a payment gateway (PG) or similar payment-processing service.
3.
The Company notes that approval and settlement schedules may vary depending on the circumstances of the payment processor or financial institution.
Article 6 (Refund Policy)
Conditions eligible for refund
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Within 7 days of the payment date with no record of Service use: full refund
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Beyond 7 days from the payment date, where normal use is impossible due to the Company’s fault: partial refund taking into account days and volume of use
Conditions not eligible for refund
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Beyond 7 days from the payment date and with a record of normal use
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Inability to use due to the Member’s fault or the Member’s environment (device/network/External Platform failure, etc.)
Refunds may be requested through customer support and are processed after verification of payment information and identity. The method and processing time of refunds follow the payment method and the payment processor’s rules.
Article 7 (Copyright and Compliance with Platform Terms)
1.
The Member acknowledges that playing content in a commercial space such as a venue may implicate copyright (public performance rights), neighboring rights (performance, phonogram, etc.), and audiovisual copyright, and must secure and pay for all rights (licenses) and costs (royalties/settlements) necessary for playback at the Member’s own responsibility and expense.
2.
The Member represents and warrants the following in connection with use of the Service and venue playback:
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The Member has lawfully secured, or will secure, the rights or licenses necessary for all content played
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The Member complies with applicable laws, rights-holder policies, and the terms and policies of External Content Platforms
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The Member bears ultimate responsibility for approving and playing song requests submitted by Guests
3.
The Company does not own or manage the rights to any content and does not guarantee the legality of, or the securing of rights to, content selected or submitted by Members or Guests.
4.
Any copyright/licensing guidance provided by the Company is general information, not legal advice for a specific Member’s situation. Members should consult professionals (attorneys/accountants) as needed to confirm legality.
5.
The Member understands that using an External Content Platform provided for personal/non-commercial use (e.g., personal streaming accounts, free streaming) for playback in a commercial space may violate that platform’s terms and result in sanctions or disputes, and is responsible for preventing this.
Article 8 (Prohibited Conduct)
Members must not engage in any of the following:
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Playing content in violation of laws or rights-holder/External Platform policies, or facilitating the use of infringing content
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Impairing the normal functioning of External Platforms, such as ad blocking, player circumvention, downloading/ripping (audio extraction), or DRM circumvention
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Disrupting Service operation, such as account sharing, generating abnormal traffic, crawling/scraping, or exploiting vulnerabilities
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Infringing the rights of others (copyright, personal information, portrait rights, etc.)
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Commercially reselling or redistributing the Service or its screens/content without the Company’s prior approval
Article 9 (Use Restrictions and Termination)
1.
Where a Member violates these Terms or applicable laws, or where there is a reasonable ground such as receipt of an infringement claim or policy-violation report from a rights holder or External Platform, the Company may take the following measures:
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Restriction of certain features, warning, or temporary suspension
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Hiding or blocking the song-request/playlist items at issue
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Account termination (termination of the service agreement)
2.
In principle, the Company takes such measures after prior notice; however, in urgent cases or where serious rights infringement is suspected, it may provide notice after the fact.
3.
Where a Member repeats violations or fails to comply with reasonable requests to prevent infringement, the Company may terminate the agreement.
Article 10 (Rights-Holder Notice Procedure; Repeat-Infringer Policy)
Notice
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A rights holder may submit an infringement claim to the following email: admin@guana.io
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A rights-holder notice must include at least the following:
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Name/contact of the rights holder (or agent) and evidence of authority
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The subject of the alleged infringement (content identifier, link, location, time, etc.)
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The nature of the alleged infringement and the basis of the relevant rights
Interim Measures
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Where reasonably necessary, the Company may temporarily block the relevant song request/item or restrict features during the investigation period.
Counter Notice
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A Member may demonstrate a legitimate basis, such as ownership of rights or a license, in response to a rights-holder notice, and the Company may review the submitted materials to decide whether to maintain or lift the measure.
Repeat-Infringer Policy
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Where rights-holder notices are received repeatedly, or a Member repeatedly fails to take reasonable measures to prevent infringement, the Company may, after prior warning—or immediately in serious cases—suspend account use or terminate the service agreement.
The procedures in this Article do not constitute the Company’s acknowledgment of any statutory obligation, but are an operational policy for dispute prevention and rights protection.
Article 11 (Member’s Liability and Indemnification of the Company)
1.
Where a Member causes damage to the Company or a third party by violating these Terms, applicable laws, or rights-holder/External Platform policies, the Member shall resolve it at its own responsibility and expense and shall compensate the Company for damages incurred (including attorneys’ fees, settlement amounts, administrative fines/penalties, and investigation/response costs), or reimburse the costs the Company has expended.
2.
This Article does not apply to damages arising from the Company’s intent or gross negligence.
Article 12 (Company’s Disclaimer)
The Company is not liable for damages arising from any of the following:
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Disputes such as copyright/neighboring-rights/platform-terms violations arising from content selection or playback by a Member or Guest
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Use restrictions due to failure, policy changes, service interruption, or sanctions of an External Content Platform
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Service disruptions due to the Member’s device/network/environment
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Force majeure such as natural disasters
However, damages arising from the Company’s intent or gross negligence are excepted.
Article 13 (Limitation of Liability)
1.
Even where the Company bears liability for damages to a Member, the scope of the Company’s liability is limited to ordinary damages (special damages, indirect damages, loss of business, and loss of expected profits are, in principle, excluded).
2.
The Company’s total liability for damages shall, to the extent not restricted by law, be capped at the total amount of fees the Member paid to the Company during the three (3) months immediately preceding the occurrence of the relevant damage.
3.
This Article does not apply where the Company has acted with intent or gross negligence.
Article 14 (Amendment of the Terms)
1.
The Company may amend these Terms for reasons such as changes in laws/policies or Service improvements.
2.
When amending the Terms, the Company will give notice within the Service or by email or other reasonable means at least 7 days before the effective date (30 days before for amendments unfavorable to Members).
3.
If a Member continues to use the Service without expressly refusing by the effective date of the amended Terms, the Member is deemed to have agreed to the amended Terms.
Article 15 (Governing Law and Jurisdiction)
1.
These Terms are governed by the laws of the Republic of Korea.
2.
If a dispute between the Company and a Member is not resolved through negotiation, the competent court shall be the court having jurisdiction over the location of the Company.