Custom Software Development Solution Terms of Service
Effective Date: March 23, 2026
Last Updated: March 23, 2026
Article 1 (Purpose and Definitions)
The purpose of these Terms of Service is to stipulate the rights, obligations, responsibilities, and other necessary matters between Hanco Lab (hereinafter referred to as the "Company") and the customer utilizing the 'Customized Automated Trading Development Solution' provided by the Company.
In these Terms, the term "Customer" refers to any entity (individual, organization, or corporation) that commissions the Company to develop a customized system. Furthermore, all deliverables and services, including but not limited to software and systems provided by the Company to the Customer, are collectively defined as the "Service."
Article 2 (Formation of Contract and Payment)
[Time of Contract Formation] This contract shall be conclusively formed at the time the Customer and the Company mutually agree upon the requested specifications, development scope, quoted price, and required development period, and the Customer pays the designated amount (advance payment or full amount) in accordance with the specified payment method.
[Flexibility and Priority of Payment Methods] The Company applies flexible payment methods as follows, depending on the scale of the project, contracting channel, and mutual agreement. The specific payment ratios and timing stipulated in the 'individual quotation (or contract)' issued by the Company or as mutually agreed upon shall take absolute precedence.
A. Direct Contract (Installment Payments): Depending on the scale of the solution and development, payments may be made in installments in the form of an advance payment (deposit), intermediate payment, and final balance. The provision of the solution and development shall only commence upon receipt of the pre-agreed advance payment.
B. Direct Contract (Lump-Sum Payment): Taking into account the scale of the solution and development, and upon the request and mutual agreement between the Company and the Customer, the project may proceed with an upfront payment of the full quoted amount.
C. Continuous Maintenance and Regular Payment (Subscription-based): In the event of a contract for continuous system maintenance and similar services, payments may be made on a recurring basis (e.g., once a month, once a year) in accordance with mutual agreement.
D. Special Provisions for Contracts via External Platforms (Open Markets) and Application of Terms: If payment is processed through a third-party intermediary platform (open market) such as Kmong, the rules of the respective platform shall apply strictly and exclusively to the 'payment and escrow (safe payment) procedures.' However, regarding the substantive content of the transaction and the locus of responsibility—including the scope of software development, delivery and inspection standards, the no-refund policy (Article 5 of these Terms), exceptions to free maintenance (Article 6 of these Terms), and indemnification for investment losses ()—'these Terms and all related regulations of the Company' shall absolutely supersede the general terms and conditions of the relevant platform. Customers making payments through such platforms are obligated to fully familiarize themselves with the Company's Terms prior to payment, and shall be deemed to have explicitly consented to enter into the contract based on the Company's Terms.
[Deemed Consent to Terms and Disclaimers] The Customer must fully read and understand the contents of the 'Terms of Service', 'Investment Risk Disclosure and Disclaimer', and 'Privacy Policy' provided by the Company prior to the formation of the contract and the payment of the designated amount (advance payment or full amount). The Customer's act of paying the designated amount (advance payment or full amount) constitutes the Customer's complete understanding of, and irrevocable consent to, all terms, conditions, and disclaimers of the Company.
Article 3 (Definition of Requirements and Scope of Development)
[Customer's Responsibility to Specify and Explain Requirements] Prior to the commencement of development, the Customer must provide the Company with a written document detailing the software's operational methods (logic), specific conditions (entry/exit/stop-loss/take-profit/calculation formulas, etc.), final operational scenarios of the completed product, and other requirements, utilizing clear expressions and a structured logical format. In this context, 'clear expressions' refer to a level of specificity and logical coherence that allows a third party (programmer) with customary industry knowledge to objectively comprehend the logic and implement it into actual code without arbitrary interpretation. If the requirements provided by the Customer are insufficient or logically contradictory, and the Customer fails to comply or continues to provide vague explanations despite the Company's request for supplementation, the Customer shall bear all responsibility for any resulting development delays and degradation in the quality of the deliverables.
[Confirmation of the Requested Specifications and Development Standards] The Company shall develop the software and build the system using the final document mutually agreed upon and confirmed by both the Customer and the Company (hereinafter referred to as the 'Requested Specifications') as the absolute standard. The Company's obligation is strictly limited to implementing the features explicitly stated in the Requested Specifications, and it bears no obligation to develop or include any matters not specified therein.
[Change of Requirements and Additional Quotation] Following the payment and the commencement of development, any modifications to the originally confirmed Requested Specifications—including but not limited to a simple change of mind by the Customer, subsequent alterations to the logic, or the addition/deletion of features—shall, as a general rule, be deemed a separate and additional development project. In such events, the Company may issue an additional quotation or extend the project schedule accordingly.
[Right to Reject Structural Change Requests] If the Company determines that the changes requested by the Customer fundamentally undermine the core architecture, the overall structure, or the stability of the entire system of the software that has already been built, the Company reserves the right to reject the incorporation of such changes and proceed with the development in accordance with the previously agreed Requested Specifications. In such cases, the Customer may not demand the cancellation of the entire contract or a refund on these grounds.
Article 4 (Software Inspection and Deployment)
[Internal QA and Customer's Obligation to Provide Test Environment] After the primary development is completed, the Company will conduct an internal Quality Assurance (QA) process by creating an environment that most closely resembles the Customer's software operating environment. At this time, the Customer must actively provide the information and environment necessary for internal inspection (such as simulated/virtual accounts and live trading accounts with limited permissions) upon the Company's request. In particular, if the platform does not support a simulated/virtual investment environment, or if live trading is essential to verify the operation of specific logic, the Customer has the obligation to provide a test environment using their own live account and actual investment funds, or to perform the inspection themselves. If the Customer refuses to provide the information and environment required for testing, the Company may omit the internal QA process, and the Company shall bear no responsibility whatsoever for any resulting software issues or financial losses.
[Customer's Inspection Obligation and Recommendation for Simulated Investment Prior to Live Trading] The Customer must conduct a final inspection within a maximum of 14 days from the date of receiving the deliverables to verify whether the system operates in accordance with the specifications explicitly stated in the 'Requested Specifications'. The Company performs its utmost verification before delivering and deploying the software; however, due to the nature of complex modern software, there is a possibility of malfunctions caused by unpredictable external environmental factors or edge cases. Therefore, the Company strongly recommends that the Customer conduct simulated investments or small-scale testing for a sufficient period before deploying the system in live trading. The Company shall not bear any legal or moral responsibility for any software and system malfunctions, or subsequent financial losses, resulting from deploying the system in live trading without sufficient prior testing in disregard of the Company's recommendation.
[Deemed Acceptance and Obligation to Pay] If the Customer does not make any explicit request for modification or raise any objections within the inspection period (14 days) specified in the paragraph above, the Company shall consider the Customer's inspection to be normally completed and the final delivery to be approved (Deemed Acceptance). Upon approval of the delivery, the Company may invoice the remaining balance, and the Customer shall be legally obligated to pay it without delay. (Provided, however, that the obligation to pay the remaining balance equally applies even if delivery is deemed approved due to a loss of contact with the Customer during the inspection period.)
[Exception for Extension of the Inspection Period] However, if it is physically impossible to inspect the operation of the implemented software and system due to force majeure market conditions such as extreme sideways markets or consecutive market holidays, or if other force majeure events occur, the Company and the Customer may separately extend or set the inspection period through mutual agreement.
Article 5 (Refund Policy and Contract Termination)
[Nature of Custom-Made Orders and Non-Refund Principle] The Company's customized software development service is conducted via a 'custom-made order' method. This means the 'Requested Specifications (Requirements)' are finalized with the Customer in advance to calculate the quotation, and customized code writing tailored specifically to those specifications commences simultaneously with the completion of payment (contract). Therefore, in accordance with relevant legislation (e.g., 'commencement of service provision' under Article 17, Paragraph 2, Item 5 of the Act on the Consumer Protection in Electronic Commerce, Etc., and 'restriction on withdrawal of subscription for custom-made products' under Article 21 of the Enforcement Decree of the same Act), refunds due to a simple change of mind are strictly prohibited. This is because irrevocable and significant damage would be inflicted upon the Company if a subscription is withdrawn after custom development has begun. Detailed regulations are as follows:
A. Before Completion of Payment (Contract): The project may be canceled (no additional costs incurred).
B. After Completion of Payment (Contract) (Deemed Commencement of Work): Upon completion of payment, it is legally deemed that custom development in accordance with the Requested Specifications pre-approved by the Customer has commenced immediately. Consequently, after payment is made, any contract cancellation and refund based on reasons not attributable to the Company—including but not limited to a simple change of mind, the Customer's personal circumstances, dissatisfaction with the profitability of the trading logic, demands for the addition of new features/logic not agreed upon prior to payment, and the refusal of the Company's subsequent additional quotation—are strictly prohibited.
[Refunds Due to the Company's Fault] If it is determined that the technical implementation of the core features in the pre-agreed 'Requested Specifications' is impossible due to reasons explicitly attributable to the Company's fault, a full or partial refund may be processed upon mutual agreement.
[Refund Policy and Exceptions Due to Force Majeure] If a problem arises due to external factors that are not attributable to either the Customer or the Company, the refund policy shall apply differently based on the timing of the software's deployment (delivery) as follows:
A. [Force Majeure Before Development and Deployment]: After the execution of the contract but before the deployment of the software, if the actual implementation of the core features in the Requested Specifications becomes fundamentally impossible due to reasons beyond the control of the Customer and the Company—such as the delisting of the target instrument, termination of services or bankruptcy of the linked exchange/broker, or complete cessation of API support—a partial refund may be processed by calculating the progress rate upon mutual agreement. However, if the Company notified the Customer of the possibility or risk of such force majeure events prior to payment, but the Customer insisted on proceeding, no refund (neither full nor partial) shall be granted.
B. [No Refunds for Force Majeure After Delivery and Deployment]: If the software developed by the Company has already been delivered and deployed, and can perform the functions explicitly specified in the specifications (such as mathematical calculations and signal generation) within a 'normal environment' (meaning all environments excluding the software provided by the Company, including the normal operation of securities firms/exchanges/brokers/third-party platforms, normal communication and connection status, generally sufficient PC specifications, etc.), the Company's obligations for development and delivery are deemed completely fulfilled. Therefore, as specified in Article 4 of the separately notified , malfunctions and losses occurring due to force majeure events beyond the control of the Company's software—such as temporary or chronic instability of linked securities firms/exchanges/brokers/third-party platforms, communication delays and disconnections, omissions and delays in receiving market data, and the inevitably resulting failure of internal calculations, failure to generate order signals (missed orders), slippage, and policy changes—do not constitute 'defects in the Company's software' and shall not, under any circumstances, serve as grounds for a refund (full or partial).
[No Refunds for Non-Implementation of Additional Requirements] Requests to incorporate new indicators, conditions, logic, UI, or features (hereinafter referred to as "Additional Requirements") that were not specified in the Requested Specifications at the time the quotation and payment were completed shall be considered separate, additional development projects. If the Company refuses to implement the Additional Requirements due to concerns over system stability degradation or other valid reasons, or if the Company proposes an additional quotation and schedule extension, but the Customer nevertheless demands the free implementation of these Additional Requirements or uses this as a pretext to demand the cancellation and refund of the entire project, this shall be deemed a 'unilateral breach of contract due to the Customer's simple change of mind.' In such cases, the 'no refund after commencement of work' provision outlined in Paragraph 1 of this Article shall be strictly applied.
Article 6 (Maintenance and Technical Support Policy)
[Scope and Period of Free Maintenance] The Company provides free maintenance (Bug Fixes) for three (3) months from the mutually agreed 'Inspection Completion Date' (or, if no separate inspection period is set, from the point at which 7 days have passed from the initial software deployment date) after the initial software deployment. However, even if the software is redeployed due to bug fixes and patches within the free maintenance period, the calculated maintenance period shall not, in principle, be extended or renewed. (Exceptionally, only in cases where the core functions of the software were entirely inoperable during the correction period due to a critical defect in the code written by the Company, the free maintenance period may be extended by the duration of the interruption at the Company's discretion.) The scope of free maintenance is strictly limited to cases where clear computational/logical errors and malfunctions (Bugs) in the software code deployed by the Company are objectively proven within the matters specified in the pre-agreed 'Requested Specifications'.
[Customer's Obligation to Provide Proof and Cooperate upon Error Reporting] When requesting a review for errors or bug fixes regarding the Company's software and systems, the Customer has an obligation to cooperate by providing specific contextual explanations written in documentary form and objective evidentiary materials (such as relevant log records, full-screen captures, execution videos, time of error occurrence, and parameter settings at the time) so that the Company can recognize and reproduce the error. A 'comprehensive request for cause identification and correction' based solely on incomplete descriptions of the phenomenon or insufficient and fragmentary data does not meet the requirements for free maintenance submission. If the Customer refuses to provide reasonable evidentiary materials for error identification or fails to cooperate in cause analysis, the Company may suspend or reject the processing of the requested maintenance.
[Exceptions to Free Maintenance] The following cases are strictly excluded from free maintenance, and upon the Customer's request, may be converted to paid maintenance (separate quotation) or support may be rejected at the Company's discretion:
A. [Requirements Exceeding the Scope of Requested Specifications]: Requests to add new features and trading logic or to structurally change existing logic that are not specified in the pre-agreed 'Requested Specifications' (requests to implement 'Additional Requirements').
B. [External Factors]: Requests for code modification due to external environmental changes beyond the Company's control, such as changes in API policies, trading and operational policies, or structural changes of linked exchanges, securities firms, brokers, or third-party platforms, as well as connection and communication delays or order processing delays caused by external factors.
C. [Unauthorized Modification]: System errors and conflicts arising from the Customer arbitrarily modifying the source code or commissioning a third party to modify it.
D. [User Carelessness and Negligence]: Requests for maintenance regarding any errors and malfunctions caused by the Customer operating the software and system without fully understanding the manuals or precautions provided by the Company.
E. [Abnormal Input Values and Operating Environment]: Requests for maintenance regarding any errors and malfunctions caused by entering abnormal input values (parameters) outside the normal operating range of the software, or by operating the software and system in an incorrect manner or environment.
F. [Subjective Performance]: Requests for logic changes and optimization due to dissatisfaction with trading results (profitability), despite the software operating normally in accordance with the Requested Specifications.
G. [Infrastructure Issues]: Temporary interruptions and malfunctions of the program caused by failures and instability of the Customer's PC (or other hardware and operating systems), network communication lines, or cloud servers (e.g., AWS, VULTR).
H. [Simple Change of Mind]: Requests for simple UI/UX modifications, design changes, text edits, or usability improvements unrelated to the core operation of the program.
[Limitations in Cases Exceeding the Customary Scope and Criteria for Completion of 'Feature Implementation'] The 'implementation of features' stipulated in the contract by the Company presupposes securities firms, exchanges, brokers, cloud servers, and other foundational software and hardware infrastructures that provide a common-sense and customary level of environment (e.g., response speed, execution environment, operating environment). Errors (bugs) and malfunctions caused by external failures beyond common sense (e.g., server non-response for over 10 seconds, extreme slippage, unilateral connection blocking and signal disruption/manipulation by the linked platform, abnormal order rejection/omission (quote passing)) shall not, under any circumstances, be considered as 'non-implementation of features' or 'incomplete delivery' by the Company. Demands for extreme modifications and exception handling to resolve such errors and malfunctions constitute the 'development of a new architecture' that clearly deviates from the initially agreed scope, and thus are strictly excluded from free maintenance.
[Prohibition of Unreasonable Maintenance Demands and Interference with CS] After the Company has inspected the software and system upon the Customer's request and informed them that free or paid support is not possible in accordance with Paragraphs 3 and 4 of this Article, it is strictly prohibited for the Customer to excessively consume the Company's CS (Customer Support) resources and interfere with business operations by repeatedly demanding cause identification, code modification, or free maintenance for paid maintenance items for the same reasons (e.g., excessive contact, unfounded claims, abusive language).
[Measures Upon Violation and Contract Termination] If it is determined that the Customer seriously infringes upon the Company's normal business environment by violating Paragraph 5 of this Article, the Company may immediately and permanently suspend all free maintenance and CS responses being provided after issuing a written (or messenger) warning. If such behavior continues even after a clear warning and suspension measure, the Company may unilaterally terminate the service agreement without prior notice (with no refund of previously paid amounts) and may take legal action in accordance with Article 314 (Interference with Business) of the Criminal Act, among other applicable laws.
Article 7 (Copyright and Ownership)
[Separation of Customer's Ideas and Logic from the Actual Software] Information regarding the trading 'ideas and logic' itself provided by the Customer to the Company shall be strictly protected as the Customer's trade secrets. However, unless there is a separate agreement on the assignment of intellectual property rights, all original copyrights and intellectual property rights to the source code, program architecture, database structure, and the like, which are directly designed and written by the Company to execute the aforementioned logic, shall remain entirely vested in the Company.
[Grant of Non-Exclusive License and Prohibition of Unauthorized Distribution] The Company grants the Customer a 'non-exclusive license' to freely use the software and systems deployed and delivered to the Customer, strictly limited to the Customer's own personal or internal business purposes. As this does not constitute a transfer of the actual ownership of the software and systems, the Customer may not unauthorizedly share, duplicate, resell, redistribute for either commercial or non-commercial purposes, or port to other platforms any part of the source code or executable files without the prior written consent and mutual agreement of the Company. In the event of a violation of this provision, the Company may claim civil and criminal damages through its legal representatives.
[Reuse of General-Purpose Code Modules] The Company may freely reuse general-purpose framework codes from the developed software and systems—such as basic calculation and communication modules, User Interfaces (UI), and architectural designs—that do not fall under the Customer's unique 'trade secrets (e.g., core trading logic),' for the development of other software.
Article 8 (Obligation of Confidentiality and Marketing Utilization)
[Principle of Confidentiality Obligation] The Company respects the Customer's unique trading ideas and strategic assets, and shall not leak or disclose to any third party or the public any sensitive information provided by the Customer—including but not limited to core trading logic, specific parameter values, personally identifiable information, and asset size—without the prior written consent of the Customer.
[Exceptions to Confidential Information and Marketing Utilization] Notwithstanding Paragraph 1, for the purposes of demonstrating the Company's technical capabilities and for marketing (including but not limited to the website, YouTube, marketing channels operated by the Company, and quotation proposals), the Company may publicly disclose or utilize 'demonstration videos of the software in operation with the Customer's personal information thoroughly de-identified (e.g., blurred/mosaiced), general-level system architectures, unique design features (advantages), use cases, and the like,' without the separate consent of the Customer.
[Priority Application of Separate Non-Disclosure Agreement (NDA)] If a separate written Non-Disclosure Agreement (NDA) is executed between both parties upon the request of either the Customer or the Company, the provisions of that agreement shall strictly take precedence over this Article. Unless such a separate agreement exists, this Article shall apply by default.
Article 9 (Application of Disclaimers and Deemed Consent upon Use of Service)
[Priority Application of Separate Disclaimers] All technical and financial disclaimers regarding matters arising during the operation of the system that are not specified in these Terms of Service—including limitations of liability for investment losses, losses due to market conditions, execution delays or failures caused by linked exchanges, brokers, or securities firm servers, and unexpected software bugs—shall be strictly governed by the [Investment Risk Disclosure and Disclaimer] separately notified by the Company, which shall take absolute precedence.
[Deemed Consent upon Use of Service] The Customer's use of any services, deliverables, software, or computational results of the software provided by the Company constitutes the Customer's full understanding of, and explicit consent to, all provisions of these 'Terms of Service' and the 'Investment Risk Disclosure and Disclaimer'. If you do not agree to these Terms and Disclaimers, please do not use any of the services, solutions, or software provided by the Company.
[Addendum] These Terms of Service shall enter into effect on March 23, 2026.
If you have any questions regarding these Terms of Service, please contact our Customer Center below.
Contact: Customer Center (contact@hancolab.com)
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