Terms of Service

This Enkino, Inc. Agreement and Written Release Regarding Collection, Storage, and Disclosure of User motion Data (“Agreement”) is a legally binding contract between Enkino, Inc., a South Korea corporation (“Enkino”, “we”, “us”, “our”) and you. Please read this Agreement carefully before registering for an account on Enkino’s website (https://mymotion) (“Site”) or accessing or using our online services enabled by our Site (collectively with our Site, “Services”). This Agreement summarizes our practices regarding collection, storage, disclosure, and/or use of our users’ motion data in connection with our Services (our “Practices”). By clicking the “I ACCEPT” button, you acknowledge that you have received notice of, and are providing written consent to, our Practices.

1. Our Services

Our Services enable you to use and evaluate a pre-release evaluation version of our motion recognition technology, which allows you to create a SDK of your own motion that can recognize user's motion. You create a own motion model by acting one motion or more of your own motion on our Site.

2. Motion Data We Collect

When using the Services, you may choose to provide us with Your motion, gestures (collectively, “Motion Data”) including, without limitation, by uploading an motion data of Your Motion Model. We collect this Motion Data.

3. Purpose of Our Motion Data Collection

MYMOTION’s current purpose in collecting Motion Data is to allow us to provide, maintain, improve, and enhance our technology, including our Services and machine learning models (“Purpose”).

4. Data Storage and Security

We store Motion Data that we collect on a server hosted by our third-party service provider, Amazon (https://aws.amazon.com/).

5. How We Disclose Motion Data

When you use our Services, we disclose Motion Data as described in this Section 5, strictly for legitimate business purposes and not to exceed the maximum extent permitted by law. By entering this Agreement, you provide express written consent to our disclosure of Motion Data as described in this Section 5.

We will disclose Motion Data to our third party service providers who perform services on our behalf, to (1) provide you with, maintain, improve, and enhance our Services; (2) facilitate creation of user accounts; and/or (3) provide other services to our Users.

If you direct us to share your Motion Data with others, we will provide your Motion Data to those others in accordance with your directions.

We may also disclose Motion Data under the following circumstances:

To law enforcement agencies, including pursuant to a warrant, subpoena, or court order;
In response to requests by regulatory, legal or government agencies;
In connection with or during negotiation of any merger, financing or other transition involving the sale, transfer, or other divestiture of all or a portion of our business or assets, including to the extent such information is transferred as a business asset;
In connection with any acquisition of us by another company, such that the acquiring company possesses the Motion Data collected by us and will assume the rights and obligations regarding Motion Data described in this Agreement;
If we have a good-faith belief that we are legally required to do so;
If it is necessary or appropriate to do so to protect our rights, property, or safety, or to defend against User or third-party claims or allegations, including to the extent necessary to enforce any agreements we have with you;
If it is necessary or appropriate to do so to prevent physical injury or other harm to any person or entity, including yourself and members of the general public;
Under any other circumstance in which you provide us with express written consent to disclosure of your Motion Data

We take the security of your Motion Data very seriously and have implemented measures to help us protect such data. We will use reasonable care to guard against any unauthorized disclosure, access, and/or use of your Motion Data.

6. Retention and Deletion of Motion Data

All Users may review or request deletion of any Motion Data associated with their user account by clicking the ‘delete' buttons on their “Project” page that ’ or by emailing us at support@mymotion.net. If you request deletion of all Motion Data from your account, we may deactivate your account. We will use commercially reasonable efforts to honor requests for deletion of Motion Data, but we cannot promise that deletion will occur within a specific timeframe. Moreover, we cannot guarantee recovery of any Motion Data for which you have requested deletion.

7. General

Contact Information. If you have any questions or concerns about this Agreement, please contact us at support@mymotion.net. No Assignment. This Agreement, and your rights and obligations thereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without prior written consent of MYMOTION. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions in this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Entire Agreement. This Agreement is the final and complete Agreement between MYMOTION and you with respect to the subject matter in this Agreement and supersedes any prior proposal, representation, discussion, or understanding between MYMOTION and you as to MYMOTION's Practices.