The translation below is provided for your convenience only. If there is any discrepancy between the translation in English and the original Korean text (including due to the delay in translation), the original Korean text takes precedence
Tech Space cloud platform - Service Terms and Conditions
Chapter 1. General Terms
Article 1 (Purpose)
This service terms and conditions (the “Terms”) aims to stipulate rights and obligations of Tech Space Co., Ltd. (the “Company”) and any customer (the “Customer”) using or accessing the Company’s Service website (http://clopi.io) or using the Service (as defined hereunder), together with other matters related thereto.
Article 2 (Definition of Terms)
The definitions of capitalized terms used in this terms and conditions are as follows:
- ① “Service” refers to ‘Tech Space cloud platform Service’, infrastructure service that provides server, storage, database, and network, as well as IT solution service freely accessible from the Customer’s device through a cloud computing method. The Service is composed of different individual services (each “Individual Service”) and the Customer may select and use any Individual Services upon the consent of the Company.
- ② “Customer” refers to an individual, a corporation, or a public institution that accesses the Service of the Company, agrees to accept the Terms and uses the Service provided by the Company in accordance with the Terms.
- ③ “ID” refers to a combination of letters and numbers or the Customer’s email address that is selected by the Customer and approved by the Company for the purpose of identifying the Customer requesting to use the Service.
- ④ “Password” refers to a combination of letters and numbers chosen by the Customer for the purpose of securing access to said Customer’s account.
- ⑤ “CREDITS” refers to a pricing system, with conditions set by the Company that is applied to specific products for promotion, etc.
- ⑥ “Customer Contents” refers to the information and data (as defined in Article 3 Section 1 of the Framework Act on National Informatization, and includes personal information and credit information in case of individuals) the Customer stores or manages through the Service
- ⑦ “Business Days” means any day(s) commercial banks located in Korea are open for business.
Article 3 (Posting and Amendment of the Terms)
- ① The Terms are available on the Company Service website (http://clopi.io). The Terms apply to the Customer’s use and access of the Company Service website and to any Service provided by the Company upon formation of the Service Agreement (as defined in Article 5 paragraph ① hereunder). The Customer’s use or access of the Company Service website constitutes the Customer’s consent to the Terms.
- ② To the extent permitted by applicable laws, including without limitation the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Act on the Development of Cloud Computing and Protection of its Users, the Company may freely amend the Terms as set forth herein.
- ③ The Company may amend the Terms by notifying of such change by any reasonable means, including by posting a revised version of the Terms through the Company Service website. The Company will post the revised version of the Terms through the Company Service website at least seven (7) days prior to the date any amendment enters into effect specifying the effective date and explanation for the amendment. Provided, however, if any amendment causes adverse effects to the Customer’s rights or obligations, the Company shall give notice of such amendment to each affected Customer as set forth in Article 7, Paragraph ① at least thirty (30) days prior to the effective date.
- ④ If the Company notifies an amendment to the Terms in accordance with the terms and conditions thereof together with clear notice that acceptance of the amendments will be deemed to have been given by the Customer if such Customer continues to use the Service for a period of thirty (30) days or more since the notice; and the Customer continues to use the Service without expressing acceptance or refusal of such amendment within thirty (30) days of the notice, the Customer shall be deemed to have agreed to such amendment.
- ⑤ If any Customer does not agree to any proposed amendment of the Terms, either the Company or the Customer may terminate the Service Agreement. In such case, Company shall notify the Customer in writing, via email or other comparable methods, the cause for termination, termination date and any refundable amount.
Article 4 (Matters Not Specified in the Terms)
- ① Any matters that are not specified in the Terms shall be determined by applicable laws, regulations, business practices, and (if applicable) Individual Service operation policies available at the Company Service website. For the avoidance of any doubt, the Company may maintain and apply separate operation policies for each Individual Service.
- ② The Company may define specific terms and conditions of use to apply to Individual Service. If the Individual Service’s specific terms and conditions are in conflict with the Terms, the specific terms and conditions of the respective Individual Service shall prevail over the Terms, unless otherwise set forth therein.
- ③ If the terms and conditions of the Individual Service is silent or unenforceable on any matter, the terms and conditions of the Terms shall apply.
Chapter 2. Use of the Service
Article 5 (Applying for Service Usage Agreement)
- ① A Service usage agreement (the “Service Agreement”) shall be formed when an applicant (the “Applicant”) applies for use of the Service after agreeing to the Terms, and the Company approves the application.
- ② The Applicant must provide its/his/her real name and true information when applying to use the Service. If the Applicant unlawfully uses a false name or provides false information, the Applicant may not enjoy or claim the rights stipulated in the Terms, and the Company may terminate the Service Agreement.
- ④ If the Applicant is a minor (as defined in the Civil Act), the Applicant may not use the Service irrespective of consent of the minor’s legal guardian. The Company may reject a minor’s application and/or use of the Service. By accessing or using the Service, the Customer affirms that he or she is of legal age to enter into the Terms.
Article 6 (Formation of Service Agreement)
- ① If the Applicant truthfully and accurately fills in the information as specified in Article 5 above, the Company will approve the application unless there are special circumstances.
- ② The Company may reject or delay the approval of any application to use the Service or immediately terminate the Service Agreement after initial acceptance in the following instances:
- 1. If the Applicant did not used its/his/her real name or used another person’s name
- 2. If the Applicant provided false information or did not submit any information requested by the Company
- 3. If the Applicant intends to use the Service for unlawful purposes, such as violations of law or other illegal actions
- 4. If the application cannot be approved due to a cause attributable to the Applicant or if the application violates Company policies
- 5. If the Applicant has any outstanding payment due to the Company
- 6. If the Applicant has a history of delayed payment for fees for using the Service (the “Fees”) or improper use of Service
- 7. If there are any other reasons, as exemplified in the foregoing paragraphs, that significantly indicate that approval of the application is inappropriate.
- ③ If the Company decides to reject or delay any application to use the Service, the Company will notify the Applicant.
Article 7 (Notification to the Customer)
- ① If the Company needs to give notice to a Customer, the Company will use the email address the Customer registered at the time of the application to use the Service, unless specified otherwise in the Terms. However, when the Company gives notice of a change that affects Customer rights and obligations in a disadvantageous way, the Company shall send email to the Customer at the email address the Customer registered at the time of application to notify of the change.
- ② If the Company needs to notify all Customers, the Company may make an announcement on the Company Service website for more than 7 days, instead of the method specified in paragraph ① above. Provided, however, this paragraph shall not apply to any notification of a change that affects the Customer’s rights and obligations in a disadvantageous way.
- ③ The Customer must keep contact information (e.g., email address, mobile phone number, and landline phone number) up to date at all times, so that Company notifications can be received. Please note that the Company will not be held responsible for any disadvantages caused by failure to update the contact information.
Article 8 (Type of Individual Services and Changes)
- ① The Company shall post the type, details, and prices of Individual Services, as well as details related to Individual Services on the Company Service website, including without limitation, the Terms, separate terms and conditions of Individual Service, operation rules, etc. The Customer must fully understand the details posted on the Company Service website and apply for the Individual Service based on the pertinent information.
- ② The Company can add or change the type or price of any Individual Service, provided, that, the Company will post any new information on the Company Service website or notify the Customer according to Article 7. For the avoidance of any doubt, if any change affects Customer rights and obligations in a disadvantageous way, the Customer will be notified according to the conditions specified in Article 7, and the Customer holds the rights specified in Article 3 Paragraph ⑤.
- ③ If any Service is terminated, the Company will notify the discontinuation or termination of the Service more than sixty (60) days prior to such service termination.
Article 9 (Providing the Service)
- ① The Company will, in principle, provide the Service 24 hours a day, 7 days a week. Notwithstanding the foregoing, however, the Company may make an exception and limit part or all of the Service as necessary, such as for the purpose of conducing equipment checks, or if the Service cannot be used properly due to force majeure events, including without limitation, equipment failure or a spike in Service use.
- ② The Company may conduct a routine check if necessary for providing the Service, and the routine schedule shall adhere to the announcement on the Company Service website.
Article 10 (Management of Customer Account)
- ① The Customer shall be responsible for managing its/his/her own Customer ID and Password, and shall be responsible for preventing any third-party use.
- ② If a Customer becomes aware that its/his/her ID and Password has been stolen, or is being used by a third party, the Customer shall notify the Company immediately and follow the Company’s guidelines.
- ③ The Company may restrict the use of any ID in the event there is a risk of unauthorized disclosure or leakage of personal information, or the ID misleads third parties to believe the ID is associated with the Company or the Company’s operator.
- ④ The Company may collect and store the IP addresses for a specific period of time in order for the smooth provision of service and ID usage management.
- ⑤ The Customer shall be responsible for any liabilities that arise from violating the obligations of this Article. The Company shall not be liable for any disadvantages that occur from the Customer violating the obligations of this Article or from not following the Company’s instructions or guidelines. The Company may limit the number of accounts an individual Customer can create and hold in accordance with the Company’s policies.
Article 11 (Change of Customer Information)
- ① The Customer can check and modify its/his/her own personal information at any time on the personal information management page at the Company Service website. However, information required for service management, including, without limitation, the Customer’s corporate name, individual’s real name, business registration number or unique identification number cannot be modified.
- ② If the Customer’s information changes after application to use the Service is submitted, the Customer must modify the information on the Service website or notify the Company of the change using email or other methods.
- ③ The Company is not liable for any disadvantages caused by incorrect personal information provided by the Customer or the Customer’s failure to notify the Company of any changes, as specified in paragraph ② above.
Article 12 (Assignment and Related Customer Information Change)
- ① No Customer may, without the Company’s prior consent, transfer or assign or otherwise dispose, including without limitation, creation of encumbrance or donation, its/his/her rights and obligations under the Service Agreement or other rights to use the Service to any other person.
- ② However, if an automatic succession of the Customer’s rights and obligation under the Service Agreement by a third party (the “Successor”) is to occur by way of inheritance, merger, divestiture or like events, the Customer and the Successor must immediately notify the Company in accordance with the procedures determined by the Company together with documentation that can verify the succession of legal standing due to inheritance, business mergers, divestitures, etc.
- ③ In case of any change to the Customer information pursuant to paragraph ② above, it is the Successor’s responsibility to fully understand the legal obligations, responsibilities, and terms and conditions of this Term and the Service Agreement prior to actual succession. In case any trouble or problem occurs with respect to or arising from the succession, the Customer and its Successor shall be jointly and severally liable.
Article 13 (Termination or Suspension of Service by the Company)
- ① The Company can terminate or suspend a Customer’s right to use the Service without prior notice, in the following instances:
- 1. If the Customer has not paid their bill by the end of the payment month
- 2. If the Customer has transmitted or mediated large quantity of information or advertising information that can deteriorate the stable operation of the Service, or if similar action has occurred
- 3. If operation of the Customer’s program on the Company’s server interrupts (or there is a risk of interruption of) other Customer’s system operation or results in failure or suspension (or there is a risk of such failure or suspension) of the Company’s operation of the Service
- 4. If the network that provides the Service is affected due to abnormal excessive traffic related to the system operated by the Customer through the Service
- 5. If security updates are not installed on the Customer’s server properly, which acts (or may act in the Company’s judgment), as a risk factor when the Company operates the Service
- 6. If the Customer uses the Service for the purpose of hindering national or public interests
- 7. If the Customer’s use of the Service violates applicable laws or acts against morals or public order
- 8. If the Customer’s behavior harms the reputation of or causes disadvantages to others
- 9. If the server used by the Customer is, or is suspected to be, hacked or becomes, or is suspected to be, infected by a virus
- 10. If there are legal grounds to discontinue the Customer’s use of the Service, including, without limitation, when a third party files a report on infringement by Customer Contents
- 11. If a government agency requests or orders temporary shutdown of the Service in accordance with legal procedures
- 12. If the Customer access or uses the Service by evading the conditions to use the Service, the Terms or other restrictions stipulated by the Company (including generating several accounts in order to enjoy special benefits or free trial service).
- 13. If the Customer breaches any applicable laws, the Terms or other conditions to using the Service set by the Company.
- ② If the Company suspends the Customer’s use of the Service in accordance with paragraph ① above, the Company must notify the affected Customer of the reason and usage suspension period, and formal objection means to the affected Customer. In addition, the Company will reinstate the Customer’s rights to use the Service without delay when the reason related to paragraph ① has been resolved or is no longer in effect
- ③ The Company may terminate the Service Agreement if the cause for suspension continues not to be remedied. In such case, the Company will notify the Customer using the methods specified in Article 7.
- ④ The Company may invoice Fees accrued during the period of Service suspension occurring resulting from causes described in this Article 13 and shall not be responsible for any damages caused to the customer during such Service suspension.
Article 14 (Temporary Suspension of Service)
- ① The Company can temporarily suspend the Service in the following instances:
- 1. For unavoidable reasons, including without limitation termination/cancelation of the agreements with the third party related to the provision of the service, unavoidable equipment repair and maintenance reasons
- 2. If there is a risk that normal service operation can be hindered, such as national emergency, failure of Service equipment, or a spike in service usage
- 3. If the Company cannot in practice provide stable Service due to unavoidable reasons, such as natural disasters
- 4. If the telecommunication service provider (as defined in the Telecommunications Business Act) has discontinued its telecommunications service.
- ② The Company must notify Customer of any Service suspension in case the event described in section 1. of paragraph ① above occurs in advance using the notification method registered by the Customer or by posting on the Service access screen or the Company Service website; provided, however, it is not the Company’s obligation to notify in advance in case it is impossible to notify due to the Service suspension occurred from the reasons the Company cannot control (such as problems in facilities and systems without the Company’s intentional or negligent acts, etc.).
- ③ The Company may temporarily suspend the Service without prior notice in case any events described in sections 2.,3. or 4. of paragraph ① above occurs.
Article 15 (Suspension or Termination of Service by the Customer)
- ① If a Customer desires to suspend or terminate the Service Agreement, the Customer must notify the Company via the procedures and methods posted on the Service website. The Company shall suspend the Service according to the suspension schedule or terminate the Service Agreement on the date requested by the Customer under normal conditions. However, if there are any unpaid Fees due on the day the Customer has requested termination, the termination procedure will be completed only after outstanding payment is made in full.
- ② In the event that the Customer temporarily suspends the Service Agreement during the use of the Service, the permissible suspension period, the Fee during the suspension period, conditions of suspension, and the effectiveness of suspension, etc. shall be determined according to the details posted on the website of the Service.
- ③ In the event that Customer stops the use of servers as part of the suspension of the Service usage set forth in paragraph ② above, (the “Server Suspension”), the Service may be suspended for up to a maximum of ninety (90) days at a time and up to one hundred and eighty (180) cumulative days within a twelve(12)-month period. If a Customer does not use the server and exceeds the maximum period without the express consent of the Company, the Company may delete (reclaim) the server after notifying the Customer. In this case, Customer’s data stored on the server shall be backed up by the Company for (30) days and then deleted. The Customer may request to reuse the server and data recovery only within the aforementioned storage period. Server types for which the Server Suspension is possible and the Fees accruing during the suspension period shall be according to the information posted on the website of the Service.
- ④ The Customer must manually back up their data saved in the server that they have used during the Service usage period before terminating the Service Agreement. The Company will delete all servers and resources of the Customer immediately upon termination of the Service Agreement. The deleted server and resources will not be restored for any reason and the Company shall not be responsible for any damage or loss caused by such deletion.
Article 16 (Termination of the Service Agreement at Company’s Discretion)
- ① The Company may terminate the Service Agreement at its sole discretion, without further discussion with the Customer, in the following instances:
- 1. If the Customer does not take proper actions within the period stipulated in the Service Agreement regarding outstanding Fees
- 2. If the information in the application form to use the Service is found to be false
- 3. If the Customer inflicts losses upon the Company by intentionally disturbing the Company’s Service operations
- 4. If the Customer uses the Company's Services for the purpose of cryptocurrency mining
- 5. If the Customer violates the Customer’s obligations stipulated in Article 26 (Customer’s Obligations) and fails to cure such breach within a reasonable period after the Company requests the Customer to cure such breach
- 6. If the Customer fails to take appropriate actions within a reasonable period after requests are made by the Company under Article 13 (Termination or Suspension of Service)
- 7. If a government agency requests termination of the Service via due legal procedures because the Customer’s purpose and method of using the Service violate domestic or international laws
- 8. If it is necessary, under Privacy and Information Processing Policy on Personal Information Retention Period, to remove personal information the Customers, who has not used the Service for one year or longer
- ② If an event described in paragraphs 1, 2, 4, or 5 occurs, the Company can request the Customer to resolve the problem within a specified period. Notwithstanding the foregoing, however, if the Customer fails to take necessary actions to resolve the problem, the Company may terminate the Service Agreement.
- ③ In case any Individual Service is not used for a period of one (1) year or longer since the signing of Service Agreement, the Company may terminate the service agreement regarding the Individual Service by giving prior notice in accordance with Article 7.
Article 17 (Usage Limitations on a Spam Sender)
- ① The Company may restrict the Service or terminate the Service Agreement if the Customer using falls under the following categories, related to sending Spam mail (for the purpose of the Terms, the advertisement information for the purpose of making profit transmitted or posted unilaterally by contradicting the overt intention of the recipient to block the sender shall be referred to as the "Spam"):
- 1. If the Korea Communications Commission or the Korea Internet & Security Agency has detected the Customer’s Spamming activities and requests usage suspension
- 2. If the Customer has sent a large quantity of Spam and caused system failure of the Service, or if there is a risk of such failure
- 3. If the receiver of the Spam requests to be unsubscribed but the Customer continues to send Spam.
- ② If the Customer does not respond to the Company’s request regarding actions against Spam complaint, the Customer shall be charged with civil and criminal liabilities for advertising information for commercial purposes sent or posted unilaterally against the receiver’s explicit expression of rejection.
Chapter 3. Fee and Management
Article 18 (Fees for Using the Service)
- ① The Company shall post the details of the Fees and its modification on the Service website.
- ② The Services are charged based on the used amount on the bases of 30 days.
- ③ Even if the Fees are changed during the term of the Service Agreement, fees are not applied retroactively to the entire term of the Service Agreement, unless a special reason requires otherwise.
- ④ The Company may issue Customers “CREDITS” or “COINS” (“CREDITS, etc.”) that can be applied in using the Service. Details of “CREDITS, etc.”, including, without limitation, conditions for applying the “CREDITS, etc.” and other operation policies shall be posted on the Service website.
Article 19 (Calculation and Settlement of the Service Fee)
- ① The Service Fee will be billed by calculating on monthly basis, from the first day of every month to the end of the month.
- ② If the Customer’s use of the Service commences in the middle of any calendar month, Fees shall be calculated based on a per diem basis from the date Service commences until the last day of the applicable month.
Article 20 (Termination Charge)
- ① The Customer must pay a termination charge to the Company, if the Service Agreement is terminated due to Article 13 paragraph 3, Article 15 or Article 16, or other reasons attributable to the Customer. The termination charge shall be calculated as follows:
- 1. If terminated during the agreed upon term termination charge = [non-fixed term monthly Fee] x [period of use] x [(discount rate applied to fixed term agreement –discount rate of the usage period)].
- 2. If changing to a shorter-term contract during the term of agreed upon contract term termination charge = [non-fixed term monthly fee] x [period of use] x [(existing fixed term discount rate) (new fixed term discount rate)].
- ② The Customer can terminate the Service Agreement without paying the foregoing termination charge in the following circumstances:
- 1. If the accumulated failure time of the service exceeds seventy (72) hours within a month due to reasons attributable to the Company
- 2. If service failure lasting more than an hour has occurred more than five (5) times within a month due to reasons attributable to the Company.
Article 21 (Payment of the Fee and Billing)
- ① The Company will issue an invoice to a Customer for the Fee for the current month in the following month and the Customer shall pay the invoiced amount on or before the payment due date specified by the Company in advance. The Company may suspend the Service in case the payment is not made within 30 days from the date the invoice is issued, and the Company shall not be responsible for the damage or loss of the Customer caused by such suspension.
- ② Payment methods for Fees are described below:
- 1. Domestic (Korean) Corporate or Public Organization Customers: Credit card, bank account transfer, or virtual account transfer
- 2. Customers not specified in paragraph 1. above: Credit card
- ③ The Company shall send an invoice for the Service fee in advance to ensure that the Customer receives it at least five (5) days prior to the payment due date.
- ④ If the Customer does not pay the Fee by the due date, the Company shall notify the Customer of the unpaid fee via email. Additional charges will be added on the unpaid Fee (1.5% of the unpaid amount every month) and invoiced again.
- ⑤ If the Customer does not pay the Fee by the end of the following month, the Company may terminate the Service according to the procedures and methods in the Terms and posted on the Service website.
Article 22 (Responsibility for Paying the Fee)
The Customer that is approved for the usage account will bear the responsibility for paying the Service Fee. However, if the Customer has designated a person responsible for paying the Fee, then the Customer and the designated person shall bear joint responsibility for paying the Fee. In such case the Customer shall be responsible for submitting the designated person’s written consent to the bear joint responsibility for the payment of the Fees.
Article 23 (Objections to Invoice)
- ① If the Customer has any disagrees with any invoiced Fee, the Customer can file a formal objection against the Company in writing (including via email).
- ② The Company must review the formal objection in paragraph ① and notify the Customer with the Company’s decision within seven (7) Business Days of receiving the formal objection. If the Company cannot notify the Customer of the decision regarding the objection above within the designated period, the Company must notify the Customer of the reason for the delay.
Article 24 (Refunding of Fees)
- ① If the Company finds that the Customer has paid the Fee excessively or incorrectly, the Company can offset the excessive or incorrect payment amount against the next month’s Fee of the Customer.
- ② If the Customer requests a refund of the excessive or incorrect payment amount prior to the Fees being offset in accordance with paragraph ①, the Company shall return the amount to the Customer.
Chapter 4. Responsibilities of the Parties
Article 25 (Obligations of the Company)
- ① The Company strives to provide the Service requested by the Customer in a stable and continuous manner.
- ② If failure occurs that hinders the normal operation of the Service, the Company will repair or restore the Service as soon as practicably possible and aims to operate the Service stably.
- ③ The Company will process the opinions or complaints justly raised by the Customer immediately or within the period and according to the procedures set by the Company.
- ⑤ The Company will not access Customer Contents or handle data for any purpose deviating from those set forth in the Terms. However, Customer Contents may be accessed and handled if it is required to provide a smooth service, such as handling errors and failures or protection of Customer Contents.
- ⑥ The Company will obtain Customer’s consent if the Company needs to delete or change Customer information obtained in accordance with paragraph ⑥ above in order to provide smooth Service. If there is no Customer consent or if the Customer refuses, the Company may suspend the Company’s operation of the Service or the Customer’s use of the Service in accordance with the procedures set forth in Article 13 paragraphs ② to ④ (inclusive) above if the operation of the Service is disrupted.
Article 26 (Obligations of the Customer)
- ① The Customer has an obligation to pay the Fees on or before the specified due date.
- ② The Customer may not disturb the Company’s operation of the Service, another Customer’s use of the Service or violate any third party’s rights. The Company may install and operate the menu on its Service website, receiving reports illegal acts of the Customer.
- ③ The Customer may not use the Service website or any bulletin board run by the Company to distribute, post, or link obscene information, illegal information, harmful information, or illegal gambling information. The Customer may not use the Service to commit acts in violation of domestic or international laws. In addition, the Customer shall be responsible for all matters related to the Customer’s use of the Service including without limitation, ownership and management of Customer’s service and products or Customer Contents.
- ④ In the event that the Customer processes, manages, uses or otherwise accesses any personal information of a third party using Service, the Customer shall be responsible for managing and protecting such personal information pursuant to relevant laws and regulations, and the Company shall bear no responsibilities or liabilities for any related consequences, losses, or damages including without limitation, leakage of the third-party’s information.
- ⑤ The Customer must perform periodic security updates related to system operation for the purpose of protecting servers operated by the Customer through the Service against intruders. However, unless the Customer has a separate agreement with the Company regarding system security service, the Company bears no responsibility for security accidents. The Company can perform security control to take security measures related to the Customer’s use of the Service and will notify the Customer of any such actions and their result, in addition to demanding additional measures on the part of the Customer as necessary to strengthen security. The Customer must conform to the Company’s request for measures to be taken to strengthen security.
- ⑥ The Customer must obtain and retain the rights related to its sever and software programs operated by the Customer through the Service and be fully responsible for any copyright issues related to servers operated through the Service.
- ⑦ If the Customer inflicts any damage to other Customers or a third party by distributing or sending illegal software or spam emails via the Service, the Company shall bear no responsibility and the Customer shall indemnify and hold the Company harmless against all obligation, losses, damages, claim raised against the Company.
- ⑧ The Customer may not send or post data containing software viruses designed to disturb or destroy the stable operation of the Service, other computer codes, files, or programs.
- ⑨ The Customer shall be responsible for fully understanding, familiarizing and adhering to applicable laws, the Terms, guidelines and precautions published on the Service website and instructions of the Company. The Customer may not otherwise interfere with any business of the Company.
- ⑩ The Customer has an obligation to back up and store data that the Customer is handling using the Service and the Customer must bear any losses caused by negligent data management. Provided, however, if the Customer applies for and uses a separate backup service offered by the Company, the Company may be liable for data mismanagement to the extent specified in the terms and conditions of the backup service.
- ⑪ The Customer may not re-sell or sublease the Service to any third party without the prior consent of the Company.
- ⑫ All content items (text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, etc.) contained on the Company's service website are the property of the Company or its content providers, and is protected by relevant laws and regulation such as Copyright laws. Unless otherwise there is a separate agreement with the Company or the explicit written consent of the company, all or part of the content may not be replicated, copied or used for commercial purposes, and must not be downloaded, altered or resold. In addition, Customers rights to use the content do not include data mining, the use of robots or similar data collection and extraction tools.
Chapter 5. Indemnification of Damages
Article 27 (Company’s Indemnification of Damages)
- ① If the Company fails to achieve and sustain the service level the Company has assured for each Service due to the reasons attributable to the Company, the compensation shall be processed pursuant to the Service Level Agreement (hereafter the “SLA”) for each Service. In case the “SLA” for each Service is not established due to the Company’s circumstances, the “SLA” of the Server Service shall be applied and the compensation level shall be determined pursuant to the following:
|Monthly Availability Rate per Individual Service||Service Credit (%)|
|99.0% (or more) ~ (less than) 99.9%||10% of the monthly Fee|
|95.0% (or more) ~ (less than) 99.0%||25% of the monthly Fee|
|(less than) 95.0%||100% of the monthly Fee|
- ② The compensation by the Company for damages of the Customer caused by being unable to use each Service shall be limited to what’s defined within the “SLA” and the Company shall not be liable for the indirect and/or incidental damages such as expectation damage
- ③ This Article shall apply only to the Customers using a paid service of the Company, and the Company is not liable for damages incurred by Customers using the Service free of charge such as by free trial service or by certain event.
Article 28 (Customer’s Indemnification of Damages)
- ① The Customer agrees to indemnify, defend and hold harmless the Company and its affiliates, its respective directors, officers, employees, agents, contractors and licensors harmless against any damages or losses in relation to any claims arising out of:
- 1. The Customer’s breach or failure to comply with the Terms, the applicable laws and regulations
- 2. Any action taken by the Company as part of the Company’s investigation of a suspected breach of the Terms or as a result of a finding or decision that a breach of the Terms has occurred.
- ② The damages above shall include, but shall not be limited to, the Company’s legal costs, expenses and/or damages arising in respect of the abovementioned claims.
- ③ Article 27 shall apply to the process the Company claims indemnification of damages against the Customer.
Article 29 (Limitation of Liabilities)
- ① Notwithstanding anything to the contrary, to the maximum extent permitted by applicable law, the Company shall not bear any responsibility for any loss or damage, whether in contract, tort (including negligence), even if foreseeable, caused by the following causes:
- 1. Force majeure, such as a natural disaster or war
- 2. Customer’s intentional act or omission and negligence
- 3. Failure of telecommunication services provided by any service provider other than the Company
- 4. Discontinuation of the Service after giving prior notice due to an unavoidable situation, including without limitation, check-up of the Service, to the extent the Company did not intentionally cause the discontinuation or the Company was not grossly negligent in causing the discontinuation
- 5. If the Company has discontinued the Service due to an announced routine check, as stated under Article 9
- 6. If the Customer’s use exceeds the scope of the Service defined in the Service Agreement
- 7. If damages suffered by any third party are caused by inaccuracy or illegitimacy of information, materials or facts posted on the Customer’s service
- 8. If an intrusion has occurred as the result of the Customer’s failure to adequately managed system security
- 9. If the Service is discontinued due to national emergency, nationwide network failure, or an equivalent force majeure
- 10. If the Service is stopped to prevent the spread of an incident that has occurred in the system of a Customer using the Service
- 11. If a failure occurs on the Service due to an illegal intrusion from outside despite the Company taking protective measures pursuant to applicable laws
- 12. If a failure occurs on the Service due to an illegal intrusion from outside despite the Company taking protective measures pursuant to applicable laws
- 13. If a failure occurs due to equipment, software, application or OS randomly installed by the Customer on the Company’s service
- 14. If the Customer is using the Service free of charge.
- ② THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY THE CUSTOMER TO THE COMPANY TO USE THE SERVICE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LAST CAUSE OF ACTION TO ARISE UNDER THESE TERMS AND (B) ONE THOUSAND DOLLARS (USD $1000). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS PROVISION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
- ③ THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION), WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER DAMAGES ARISING FROM OR IN RELATION TO THE SERVICE.
Article 30 (Governing Law and Jurisdiction)
- ① The Terms will be governed by the laws of the Republic of Korea, without regard to its principles of conflicts of law and regardless of the Customer’s location.
- ② Each of Customer and Company hereby irrevocably consents to the exclusive jurisdiction and venue in the Seoul Central District Court, and waives any jurisdictional, venue or inconvenient forum objection to such court. Notwithstanding the foregoing, the Seoul Central District Court’s decision and holding shall be enforceable in any court at Customer’s or Company’s location.
Article 31 (Disclaimer)
- ① TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR AS TO THE SERVICES BEING UNINTERRUPTED, ERROR FREE, FREE OF HARMFUL COMPONENTS, SECURE, OR NOT OTHERWISE CAUSING DAMAGE OR LOSS OF FUNCTIONALITY OR DATA.
- ② TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE CUSTOMER.
Article 32 (Severability)
If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect. Article 33 (No Waiver) The Company’s failure to enforce any right or failure to act with respect to any breach by the Customer under the Terms will not waive that right nor waive the Company’s right to act with respect with subsequent or similar breaches.
Article 34 (Trade Law Compliance)
As a condition to the Customer’s purchase and/or use of the Service, Customer agrees to comply with all applicable data protection, import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including the EU Dual Use Export Controls, the US Export Administration Regulations, the International Traffic in Arms Regulations, international and country-specific economic sanctions programs. For the avoidance of any doubt the Customers (and their end users, wherever applicable) are solely responsible for compliance related to the manner in which the Customer chooses to use the Service, including the transfer and processing of Customer Contents, the provision/use of Customer Contents to/by end users in the Company’s regions in which any of the foregoing occur. As all Customer Contents uploaded by Customer or its end-users may be hosted at the Company’s servers world-wide, Customer shall not (and the Customer shall cause its user not to) upload any content listed on any applicable trade restriction lists. The Customer represents and warrants that the Customer is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
Article 35 (Language)
All communications and notices made or given pursuant to the Terms shall be in the Korean language. Provided, that, the Company may provide English translation of the communications and notices for convenience purpose only. In case the Company provides an English language translation of the notices and/or the Terms, the Korean text of such notices and/or the Terms will control in case of any conflict. Notwithstanding the foregoing, however, the Customer may communicate or give notice to the Company in either the Korean or English language.
These terms and conditions shall take effect from October 1, 2020.