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.
Chapter 1. General Terms
Article 1 (Posting and Amendment of the Terms)
- 1. The Terms of Services (hereinafter “the Terms“) shall be posted on the Service Website of MEGAZONE CLOUD Corp. (hereinafter “the Company”) or notified to members (hereinafter “the Member”) by other means.
- 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, 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 Member’s rights or obligations, the Company shall give notice of such amendment at least thirty (30) days prior to the effective date, and send the notice to the existing Member via electronic means such as email.
- 4. If the Company notifies an amendment in accordance with the Terms together with clear notice that acceptance of the amendments will be deemed to have been given by the Member if the Member continues to use the Service without expressing acceptance or refusal of such amendment till the effective date, the Member shall be deemed to have agreed to such amendment. If any Member does not agree to any proposed amendment of the Terms, either the Company or the Member may terminate the Service contract.
- 5. Consent to the Terms means that the Member agrees to visit the Service regularly and check changes of the Terms. The Company is not eligible for any damage incurred to the Member for not being informed on changed Terms.
- 6. The Company may stipulate a separate Service operation policy in addition to the Terms if necessary. When stipulating the Service operation policy, it is applied after notice in accordance with paragraph 3 of this article, and if the content conflicts with the Terms, the Service operation policy takes precedence over the Terms.
Article 2 (Purpose)The purpose of the Terms lies in specifying rights, obligations and reliabilities, and etc. of the Company and the Member, in relation to the use of SpaceONE services and relevant infrastructure services (collectively, hereinafter the “Service“) provided by the Company.
Article 3 (Definitions)Capitalized terms used herein are defined as follows.
- 1. “Service“ refers to SpaceONE Service provided by the Company.
- 2. “API” refers to an application programming interface.
- 3. “Service Website” refers to the Website operated by the Company, providing Service-related information, etc.
- 4. “Member” refers to an individual or a business entity that concluded a Service contract or received a user ID.
- 5. “Service Applicant” refers to an individual or a business entity applying for the Service subscription.
- 6. “Administrator” refers to one of the Member, who invites other people in the Member to the Service, manages and assigns permissions of the Service, and is in charge of Member’s Service use and operation.
- 7. “Administrator Account” refers to an account owned by the Administrator for using the Service, which is a root account created in the Service domain.
- 8. “ID” refers to an e-mail address determined by the Member and approved by the Company for identification of the Member and Service use.
- 9. “Password” refers to the combination of letters, numbers, or symbols set by the Member to confirm that the Member matches the ID assigned to the Member and to protect his/her own confidentiality.
Any other terms that are used in the Terms but not defined in this Article shall abide by relevant acts and customs.
Chapter 2. Use of the Service
Article 4 (Formation of Service Contract)
- 1. The Service contract shall be entered, when a potential Member (hereinafter “the Service Applicant“) applies for the Service according to the application procedure as the Company provides, which then will be permitted by the Company.
- 2. The Service Applicant must provide the following information that the Company demands.
- 1) Application Form of the Service (specified by the Company)
- 2) Business Registration Certificate of the Payment Responsible Holder
- 3) Other documents deemed necessary by the Company
Article 5 (Permits and Restrictions of Service Application)
- 1. The Company reserves the right to deny acceptance to an application submitted by a Service Applicant, if the application falls under any one of the following subparagraphs:
- 1) The application has been made in a false name or in the name of others, without their consent.
- 2) Information of the Member is false.
- 3) The applicant is registered as a Credit delinquent in accordance with the Credit Information Use and Protection Act.
- 4) There is a concern for damaging acts, public order, or customs.
- 5) There is an attempt to use the Service for unjust purposes.
- 6) There is an attempt to use the Service for the purpose of personal benefits, without prior consent of the Company.
- 7) Permission is unavailable due to reasons attributable to the Service Applicant, or when the application violates other regulated conditions.
- 8) Prices for other services of the Company are in arrears.
- 9) Records exist for late payment or improper service use of the past.
- 10) The Service Applicant does not meet the qualification standards, and thus ineligible, for using the Service under the Terms.
- 11) The Service Applicant is below the age of 14.
- 12) The issuance of permission seems quite inappropriate to the Company, due to other reasons comparable with any of the above subparagraphs.
- 2. The Company is entitled to withhold permitting application of the Service Applicant, if it falls under one any of the following subparagraphs:
- 1) Service is interrupted in facilities due to natural disasters.
- 2) The overall service quality of the Company is deemed difficult to maintain with the Service provided.
- 3) Facilities for the Service are insufficient, or the Service cannot be provided due to technical reasons.
- 4) Threats or potential threats exist for operations or business of the Company.
- 5) The Member has failed to register a caller identification number to prove his identity in advance.
- 6) The issuance of permission seems difficult to the Company, due to other reasons comparable with any of the above subparagraphs.
Article 6 (Provision and Change of Member Information)
- 1. The Member shall be obliged to provide honest and legal information when required to provide his own identity to the Company, in accordance with the Terms, and cannot be protected against any disadvantages that may result by providing false or illegal information.
- 2. The Member can browse and modify his own information at any time, on the management page provided by the Service.
- 3. When there is a change of information in an application, the Member shall be obliged to modify it online, or notify in the format or method set by the Company.
- 4. The Company is not responsible for any disadvantages incurred to the Member, due to his failure of notifying changes.
Article 7 (Obligation of the Company)
- 1. The Company shall make the best efforts to provide ongoing and stable Service.
- 2. The Company cannot disclose or distribute personal information of Members acquired during the provision of the Service to others without the consent of Members and cannot use it for commercial purposes other than Service-related tasks. However, an exception is made, if it falls under one any of the following subparagraphs:
- 1) If there is a request from a national institution in accordance with the acts such as the Framework Act on Telecommunications
- 2) If there is a request for criminal investigation purpose or from Korea Internet Safety Commission
- 3) If there is a request in accordance with the procedures stipulated in other related acts
- 4) If the personal information is necessary for statistical preparation, academic research, market research, data processing, data pattern analysis, Service advancement, and research and development of new services, when providing the data in a form that a specific individual or the Company cannot be identified
- 5) If the information provider or a third party, whom the Member provided the personal information to use some services, leaks or uses the personal information
- 6) If the personal information is provided to a credit information service provider or a credit information collection agency because the Member has not paid the Service fee or etc. for a certain period of time set by the Company
Article 8 (Obligation of the Member)
- 1. The Member is not allowed to do the following:
- 1) Use the other Member’s ID in an unjust way
- 2) Use the Service for illegal purposes
- 3) Reproduce information obtained from the Service for purposes other than the use of Members without prior consent of the Company, or use of it for change, publication, broadcasting, etc., or provide it to others
- 4) Infringe on intellectual rights of the Company and any other third party
- 5) Expose or post obscene or violent words, prints, video, audio, or other information against public order and good morals
- 6) Other activities prohibited in relevant acts
- 2. The Member shall be obliged to respect relevant acts, regulations of the Terms, and cautions noted on use guides.
- 3. The Member shall be obliged to respect announcements, notices, and restrictions, posted on the Service and the Service Website.
- 4. The Member must take their own measures to maintain proper security and protection of personal information when using the service, such as encryption technology to block unauthorized access from outside.
Article 9 (Suspension and Termination of 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 restrict part or all of the Service as necessary in the following instances:
- 1) For regular or temporary inspection or prior notification for facility maintenance and repair, upgrade, Service diagnosis, etc.
- 2) To prevent the spread of accidents occurred in the system of the Member
- 3) If the Member violates related acts or uses the Service for illegal purposes
- 4) If the Member is notified 30 days in advance because the Service cannot be maintained due to various circumstances of the Company, such as termination of Service-related contracts with partner companies, government orders or regulations, etc.
- 5) If it is difficult to provide the Service due to the reasons not attributable to the Company or other force majeure reasons such as natural disasters or national emergencies.
- 2. The Company may change, deprecate, or remove some (or all) of the Service from time to time, or change or remove the API for the Service. If the contents of the Service or API are materially changed or discontinued, the Company notifies the Member.
- 3. If all or part of the Service is restricted or suspended, the Member is notified in advance. However, if prior notice is not possible due to reasons unforeseen or beyond the control of the Company, it will be notified after the restriction or suspension, and even in this case, the Company makes the best efforts to restore the service as soon as the cause is resolved.
- 4. If the Company terminates the Service, the Company will notify the Member 30 days before the termination. However, if there is an unavoidable reason that the Company cannot notify 30 days in advance, the Company may replace the obligation of prior notice with notifying the Member until the date when the Service cannot be provided.
- 5. The Company does not indemnify the damage of the Member due to the change, restriction, suspension, or termination of the Service, if the Company provided advance notification pursuant to paragraphs 1, 2, and 3 of this article, unless otherwise specified in the Terms, detailed guidelines, and related acts.
Chapter 3. Termination of Service Contract
Article 10 (Termination of Service Contract)
- 1. The Member may terminate part or all of the Service contract, and in case of termination, the Member must apply for termination to the Company by phone or online. The Company restricts the Member's Service use from the day the termination request is received.
- 2. The Company may terminate the Service use contract immediately after notifying the Member if the Member falls under any of the following subparagraphs:
- 1) If the Member violates the Terms or the Service use guideline
- 2) If the Korea Internet Safety Commission requests the termination
- 3) If the Service application was made in the name of another person or the contract of use was concluded with false information in the application form or with fraudulent documents attached
- 3. The Company may restrict the Service subscription for the separately set period for Members whose contract has been terminated in accordance with the preceding paragraph.
Chapter 4. Indemnification of Damages
Article 11 (Scope of Damages and Claims)
- 1. If the Member cannot use the Service due to a reason attributable to the Company, the Company indemnifies according to the Service Level Agreement (hereinafter “SLA”) or the separate contract. The Company is not responsible for indirect or incidental losses such as expected profits of Members other than the indemnification under this article.
- 2. If the Member violates the Terms and causes damage to the Company, the Member is responsible for indemnifying for the damage.
- 3. The Customer, when claiming indemnification of damages, shall submit a claim for damages to the Company that specifies the reason for the claim, the claimed amount, and the basis for the damage calculation via email, phone, or etc.
Article 12 (Limitation of Liabilities)
- 1. The Company does not bear any responsibility for any loss or damage in the following cases:
- 1) If the Service cannot be provided due to force majeure, such as a natural disaster, war, or technical flaws that cannot be resolved with the current level of technology
- 2) If the Service is suspended with a prior notice, due to inevitable reasons such as the Service inspection
- 3) If the damage is caused by a reason attributable to the Member, or the intentional act (including willful negligence), omission or negligence of the Member
- 4) If the Service is suspended to prevent the spread of accidents that have occurred in the Member’s system
- 5) If the Service failure occurs due to illegal intrusion from outside even though the Company has taken protective measures in accordance with the relevant acts
- 6) If the damage is due to goods, products, or services provided by a third party
- 7) If a problem occurs due to the Member’s computer environment, network environment, or terminal device failure, etc.
- 8) If the Member’s data is damaged or the information provided by the Member to the Company is inaccurate
- 9) If the Member uses the Service for free
- 10) If the disputes or the damage is caused by the data the Member posted or transmitted
Chapter 5 Management of the Member Information
Article 13 (Collection and Protection of Member Information)
- 2. The Company collects the minimum information necessary to provide the Service when collecting Members’ information and is not responsible for the leakage of personal information due to reasons attributable to Members.
- 3. When the Company collects personal information that can be used for the personal identification of Members, the Company should get consent from the Members. However, if it is necessary to implement the Service contract, there can be exceptions if there are special provisions in relevant acts.
Article 14 (Delegated Authorities and Responsibilities of the Administrator)
- 2. The Administrator can process and access Members’ data within the scope related to the Service. However, before the Member starts using the Service, the Administrator must obtain consent from the Member that the Administrator can process and access the above Member's data, and must be able to guarantee this.
- 3. Contrary to the preceding paragraph, even if some or all of the Members do not agree, the Company is not responsible for any dispute between the Member and the Administrator.
Article 15 (Change of Member Information and Contract)
- 1. If the Member wants to change information such as address and password, it can be changed using the Member information change feature in the Service.
- 2. If it is necessary to change the contract details, the contract details can be changed through a separate written agreement between the Company and the Member.
Article 16 (Obligations of the Member to Manage ID and Password)
- 2. The Members may not allow third parties to use their ID and password.
- 3. When the Member recognizes that his/her ID and password are lost, stolen, or being used by a third party, the Member shall immediately notify the Company and follow the instructions of the Company, if any.
Article 17 (Retention and Destruction of Data)
- 2. Notwithstanding the preceding paragraph, if the Member requests data deletion in writing, the Company deletes the data immediately.
- 3. Information related to the Service fee payment of the Member may be kept separately for a certain period of time under the relevant acts, regardless of whether the Member is terminated.
Chapter 6. Payment and Refund of Service Fees
Article 18 (Calculation and Change of Service Fees)
- 1. The Service fee is calculated in pro-rata on a monthly basis.
- 2. When additional users are requested by phone or email in the middle of the Service, the Service fees are charged for the additional users from the next day after receiving the request. The Service fee up to the 20th, the payment date of the Service fee, is prorated based on paragraph 1 and charged on the 20th of the following month.
- 3. When the Member requests for the termination of some users, the Service fees for the users are charged until the day of receiving the request. The Service fee from the 20th, the payment date of the Service fee, to the requested date is prorated and charged.
- 4. If there is a separate agreement between the Company and the Member regarding Service fees, the agreement takes precedence over the Terms.
- 5. Unless explicitly notified by the Company, the fee for using the Service and its new features takes effect when the Company posts the changed pricing policy on the Service Website.
- 6. When the Company wants to change the Service fee and pricing policy, the Company must notify the Member by posting it on the Service Website at least 30 (thirty) days in advance.
- 7. When the Company starts selling new services or features, the Company may add the fee for the use of the new services and features to the pricing policy and post it on the Service Website.
Article 19 (Change of Pricing Plans)
- 1. The Company reflects the request for changing the pricing plan within 30 days from the date of the request, when the Member applies to change the pricing plan.
- 2. The time of change of the pricing plan may vary depending on the type of the plan and the time of request, etc. After the change, all benefits (“Existing Benefits” in this article) such as discount benefits, service usage, etc, that were provided when using the plan before the change will expire.
- 3. Depending on the pricing plan after the change, the Member may have to return the Existing Benefits to the Company. When applying for the change, the Company notifies the Member of the matters requiring to be returned.
Article 20 (Billing and Payment of Service Fees)
- 1. In principle, payment of the Service fee is made through account transfer.
- 2. The Company issues a tax invoice for the previous month’s Service fee to the Member before the 10th of every month.
- 3. The Member shall pay the Service fee before the last day of the month of issuance of the tax invoice.
Article 21 (Fee for Overdue)If the usage fee is not paid by the deadline specified by the Company, 2% of the overdue amount (or the maximum interest rate allowed by law if it is lower than 2%) will be charged.
Article 22 (Objection to Service Fee)
- 1. The Member may file an objection within 10 (ten) business days from the date of claim if there is an objection to the charged Service fee. However, if the excessive billing is due to the reasons attributable to the Company, the Member may file an objection against the charged Service fee regardless of the period in the preceding sentence.
- 2. The Company investigates the validity of the objection within 10 (ten) business days after receiving the objection in the preceding paragraph, and notifies the objection result to the Member.
- 3. If the result of the objection cannot be notified within the period specified in paragraph 2 due to inevitable reasons, the Company shall notify the reason and the redesignated processing period to the Member.
Article 23 (Refund)
- 1. The Company shall return the overpaid or incorrectly paid Service usage fee when there is overpayment or incorrect payment of Service usage fees, etc. If the overpayment or incorrect payment is due to reasons attributable to the Company, the amount, including fair interest, may be returned.
- 2. If the Service is terminated during the Service use, the Company will refund the Service fee for the remaining period by calculating pro-rata to the Members. However, the period of Service provided free of charge by the Company is not included in the remaining period.
- 3. The Company deposits the refund amount according to this article to the account in the name of the Member by the end of the following month from the date of mid-term termination. However, if the Member has a financial obligation to the Company or is delaying the fulfillment of other debts owed to the Company, the Company may withhold the refund of the mid-term termination fee or preferentially apply for the payment of debts of the Member.
Article 24 (Termination of Service Contract)
- 1. When the Member wants to terminate the contract of use, the Member must request the Company through the Administrator via email, phone, or etc.
- 2. The Company immediately terminates the contract of use upon receipt of the termination request under the provisions of the preceding paragraph. However, there is an exception when there is a separate claim-obligation relationship.
- 3. The Company may terminate the contract of use without the consent of the Member if the Member falls under any of the following subparagraphs, and the Member is notified of the fact. However, if the Company recognizes that it is necessary to terminate urgently or is not possible to notify due to reasons attributable to the Member, it can be replaced with a notification sent after the termination without any delay.
- 1) If the Member violates the Terms and does not resolve the violation within a certain period
- 2) If the Service is used for purposes other than the purpose of the Service provided, or the Service is arbitrarily leased to a third party
- 3)If the Member does not follow the Company’s instructions, despite reminder notifications about the usage fee arrears for a certain period
- 4) If the Company provides the service for free
Chapter 7. Miscellaneous
Article 25 (Use for Marketing Purposes)The Company can use the Member’s logo, trademark, and data analyzed through the Service after notification when the Company conducts marketing of the service (online and offline advertisements, brochures, press releases, etc.) or uses it to present case studies.
Article 26 (Attribution of Rights)
- 1. Intellectual property rights such as copyrights for the Service belong to the Company and the original licensor.
- 2. The Company grants the Members only the right to use Services following the conditions of use predetermined and notified by the Company, including the Terms. The Member may not transfer, rent, sell the right or provide it as collateral.
Article 27 (Non-waiver Clause)Even if the Company has not taken any action or exercise of rights related to the Terms with the Member, the Company is not deemed to have waived the rights of the Terms and the exercise of those rights as a result or for similar actions.
Article 28 (Dispute Resolution and Governing law)The Terms and the Service will be governed by the laws of the Republic of Korea. If a dispute related to the use of the Service occurs, both the Company and the Member will faithfully consult to resolve the dispute. Any legal action relating to a dispute arising between the Company and the Members shall be brought before the Seoul Central District Court as the court of jurisdiction.