Terms and Conditions

Chapter 1 General Conditions

Article 1 (Purpose)

The purpose of these Terms of Service ("Terms") is to specify the rights and obligations and other related matters of the Customer who accesses or uses the ASTRA Cloud ("Company") and the Company Services website (https://www.astra-cloud.net/) or uses the Services (defined below).

Article 2 (Terminology Definition)

  • The term "service" refers to a cloud computing service ("service") that provides infrastructure services that provide servers, storage, DB, network, etc. and solution services that provide IT solutions freely accessible from the customer's terminal. "Service" consists of each individual service (hereinafter referred to as "individual service"), and "customer" can select and use "individual service" with the consent of "company".
  • The term "customer" means an individual, corporation, public institution, etc. who accesses the "service" of the "company" and enters into a use contract with the "company" in accordance with these terms and conditions and uses the "service" provided by the "company."
  • The term "credit" refers to a rate system that allows the "company" to set conditions for promotion, etc. and apply them to specific products.
  • "Customer's information" means information stored by "customer" in "service" of "company" (including information under subparagraph 1 of Article 3 of the Framework Act on National Informatization, personal and credit information for individuals).
  • "Business day" means the actual business day of a commercial bank located in South Korea.

Article 3 (Posting and Modifying Terms and Conditions)

  • The terms and conditions are available on the company's service website at https://www.innofactory.net/) . The terms and conditions apply to services provided when a customer accesses or uses the company's service website and upon the establishment of a service contract (as defined in Article 5, paragraph 1 below). Customers must agree to the terms and conditions in order to access or use the company service website.
  • The company may amend these terms and conditions to the extent that it does not violate related laws such as the Act on Regulation of Terms and Conditions, the Act on Promotion of Information and Communication Network Utilization and Information Protection, and the Act on Cloud Computing Development and User Protection.
  • The Company may modify the Terms and Conditions in a reasonable manner, such as publishing the Amendment Terms and Conditions on the Company's service website. At this time, the Company will announce the effective date and details of the Terms and Conditions modification at least 7 days before it becomes effective on the Company Services website. However, if any modifications are adversely affected in relation to the rights and obligations of the Customer, the Company will notify the Customer of such modifications at least 30 days prior to the Effective Date as set out in Article 7, Paragraph 1.
  • If the customer does not explicitly reject the revised terms and conditions even though the company has notified or notified the customer of the revised terms and conditions in accordance with the preceding paragraph and clearly notified or notified the customer that the intention was expressed within a 30-day period.
  • If the customer does not agree to the application of the revised terms and conditions, the company or the customer may terminate the contract. In this case, the Company will notify the Customer of the reason for termination, the date of termination, and the cost of the refund in writing, e-mail or equivalent.

Article 4 (Not specified in the terms and conditions)

  • Any matters not prescribed in these Terms and Conditions shall be governed by applicable laws, regulations, commercial practices, and individual service operation policies (if applicable) on the service website. To avoid misunderstanding, the company may implement separate operational policies for each individual service.
  • The company can operate under individual terms and conditions by determining what applies to individual services. If the contents of the individual terms and conditions conflict with these terms and conditions, the individual terms and conditions apply first unless otherwise specified.
  • If there are no provisions in the individual terms and conditions, follow these terms and conditions.

Chapter 2 Service Usage

Article 5 (Application for Service Use)

  • The service use contract ("service contract") is established when the service use applicant ("applicant") agrees to the terms and conditions and applies for service use, and the company approves it.
  • When applying for the service, the applicant must provide the real name and actual information. If the applicant illegally uses a pseudonym or provides false information, he/she cannot enjoy or claim the rights prescribed in the terms and conditions, and the company may terminate the service contract.
  • The personal information provided by the applicant when applying for the service is protected in accordance with the applicable laws and regulations and the company's personal information protection policy.
  • If the applicant is a minor under civil law, the service cannot be used even with the consent of the legal representative (guardian), and the company may refuse the minor's application for service. The customer confirms to the company that he is not a minor by using the service.

Article 6 (Establishment of Service Contract)

  • If the applicant faithfully and accurately fills out the information specified in Article 5 above, the company approves the application unless there is a special reason.
  • Upon receipt of the application, the Company may refuse or postpone the approval of the application for use of the Service or may terminate the Service Agreement if.
    • If the applicant did not use his/her real name or used another person's name,
    • If the applicant does not provide false information or submit the information required by the company
    • If the applicant intends to use the service for illegal purposes, such as violation of the law or illegal activities,
    • If the application cannot be approved due to reasons attributable to the applicant or the application violates the company's policy
    • If the applicant has an amount to pay for the company
    • If the applicant has delayed payment of the service usage fee ("usage fee") or has inappropriate service usage history
    • Other reasons equivalent to subparagraphs 1 through 6, where it is deemed quite inappropriate to accept
  • If the company refuses or decides to postpone the application for use of the service, the applicant will be notified.

Article 7 (Notification to Customer)

  • If the company needs to notify the customer, the company will notify the customer using the email address registered by the customer when applying for the service, unless otherwise specified in the terms and conditions.
  • If Customer must be notified in its entirety, the Company may replace the notification by making at least seven days' notice on the Service Website in lieu of the manner specified in paragraph 1. However, this provision does not apply to notification of adverse changes to Customer's rights and obligations.
  • Customers are obligated to keep their contact information (e-mail address, mobile phone number, landline phone number, etc.) up-to-date so that they can receive company notices. The company is not responsible for any disadvantages to the customer due to the lack of updated contact information.

Article 8 (Type and Change of Individual Services)

  • The Company notifies the Customer of details including the type, details, and price of the individual services, as well as the terms and conditions of the individual services, individual services, operating rules, etc. Customers should be fully aware of the details they have received and apply for the service based on relevant information.
  • Company may add or change the form or price of individual services only if new information is posted on the Services website or if the customer is notified in accordance with Article 7. To avoid misunderstanding, if any changes may adversely affect the customer's rights and obligations, the customer shall be notified of them under the terms and conditions set forth in Article 7, and shall retain the rights set forth in Article 3, paragraph 5.
  • If the service is terminated, the company will notify you of its expiration or termination 60 days before the service is terminated.

Article 9 (Service Provision)

  • In principle, the company provides 24 hours a day, 7 days a week. However, if the company needs it, such as an inspection of facilities, or if the use of services is hindered due to force majeure such as equipment failure or heavy use of services, all or part of service use may be restricted exceptionally.
  • If the service is essential, the company may conduct regular inspections and the schedule is as announced on the service website.

Article 10 (Transfer and related customer information change)

  • No Customer shall arbitrarily transfer, transfer, establish collateral, etc. any rights and obligations under the Service Agreement or any other rights used in this Agreement to any other person.
  • If a third party (hereinafter referred to as the "Transferee") succeeds to the legal status under the customer's service contract due to an inheritance, merger, or division of the customer, the customer and the transferee shall immediately notify the company in accordance with the method and procedure specified by the company.
  • In the event of a change in customer information under paragraph 2 above, the transferee is responsible for fully fulfilling the terms and conditions of the terms and conditions of the service agreement prior to succession. In the event of a succession problem, the customer and the transferee are jointly responsible.

Article 11 (Suspension or Termination of Service Use by Company)

  • The company may suspend the use of the customer's services without prior notice if any of the following reasons apply.
    • If the customer has not paid the fee by the month of payment
    • Transmission of a large amount of information that may hinder stable service operation, transmission or mediation of advertising information, or occurrence of such behavior.
    • If a program running on a customer server damages the operation of another customer system, interferes with or fails the company's service operation, or if there is a risk of such damage, disruption, or failure.
    • If the customer uses the service to cause abnormal over-traffic associated with the operating system, affecting the network
    • Customers do not install security updates properly on the server, which is considered a risk to the company's service operations.
    • If the customer uses the service for purposes that are contrary to the national interest or the public interest
    • If the customer's use of the service violates the relevant laws and regulations or violates public ethics or order.
    • If the customer's actions damage the reputation of others or cause disadvantages
    • If the server that the customer is using is infected, hacked, or suspected to be infected with a virus,
    • If there is a legal basis for suspending the customer's use of the service, such as a third party's claim of infringement of the customer's information processed by the customer through the service
    • When a government agency requests or orders a temporary suspension of service in accordance with legal procedures
    • Customers access or use this service in such a way as to avoid conditions, restrictions or restrictions (e.g., creating multiple company accounts or unauthorized removal of essential installation programs for free or special offers)
    • If it violates other related laws, terms of use, or conditions set by the company,
  • If a customer suspends the use of the service due to reasons under paragraph 1 above, the company will notify the customer of the reason for the suspension, the period of suspension, and the official means of objection. The Company shall restore the Customer's right to use the Services without delay if the reasons relating to paragraph 1 are removed or no longer valid.
  • If there are still reasons for suspension, the company may terminate the service contract. In this case, the Company will notify the Customer in accordance with the method specified in Article 7.
  • Company may charge fees incurred during the period of service suspension for the reasons described in this section.

Article 12 (Service Suspension)

  • The company may discontinue service delivery if.
    • In the event of unavoidable reasons such as termination/termination of contracts between the company and third parties related to the provision of services, repair of facilities, and other maintenance work.
    • If there is a risk of failure in normal service operations due to national emergencies, facility defects, or a surge in service use.
    • If the company is unable to provide substantially stable services due to unavoidable reasons such as natural disasters
    • If the telecommunications service provider (specified in the Telecommunications Business Act) discontinues the telecommunications service
  • The Company announces the suspension of the Service by using the notification method specified by the Customer in advance or by posting it on the Service Access Screen or the Service Website, if applicable to the matters specified in paragraph (1) 1 above. However, this is not the case if prior notification is impossible due to the suspension of services due to reasons beyond the company's control (the company's intention, negligence-free facility failure, system failure, etc.).
  • The company may suspend the service without prior notice for the matters specified in paragraph (1) 2, 3, and 4 above.

Article 13 (Stop or Cancellation of Service by Customer)

  • If the customer wishes to terminate or terminate the service contract, the company must be notified. Under normal conditions, the Company suspends the Service or terminates the Service Agreement on a stop schedule on the date requested by the Customer. However, if there is still a fee to be paid on the day the customer requests the termination of the contract, the cancellation process can be carried out after the customer has completed the payment.
  • If a customer wishes to temporarily terminate a service contract during the service period, issues such as acceptable suspension period, usage fees during the suspension period, termination conditions, and effectiveness of the suspension will be subject to the details posted on the service website.
  • If the customer suspends the server as part of the reason for the suspension of the service specified in paragraph 2 above ("Server Stop"), the service may be suspended for up to 90 days at a time and 180 days at a time for 12 months. If the customer does not use the server and exceeds the maximum period without the company's explicit consent, the company may return the server after notifying the customer. In this case, customer data stored on the server is backed up by the company for 30 days and then deleted. Customers may request server and data recovery reuse only within the aforementioned storage period. Information about the type of server that can be stopped and the usage fees incurred during the stop period is as posted on the service website.
  • Customers must back up data stored on servers they have used during the service period directly before terminating the service contract. Upon termination of the Service Agreement, the Company will delete all of the Customer's resources (such as servers). Deleted resources and data will not be recovered for any reason.

Article 14 (Termination of authority of the company's service use contract)

  • The Company may terminate the Service Agreement at its sole discretion without further consultation with the Customer if.
    • If the customer does not take appropriate action regarding unpaid fees within the period specified in the service contract
    • If the information entered in the service application is found to be false
    • If a customer intentionally interferes with the company's service operations and causes the company to lose money
    • Customers use the company's services for cryptocurrency mining purposes
    • If you violate the customer's obligations set forth in Article 17 (Customer's Obligations) and have not taken appropriate action for a considerable period of time against the Company's demand for resolution.
    • If appropriate measures have not been taken for a considerable period of time regarding the company's request for resolution of Article 11 (Suspension of Use)
    • If the customer's purpose and method of using the service violates national and international law, a government agency requests the termination of the service through due process.
    • If it is necessary to delete the relevant information to protect the personal information of a "customer" who has not used the service for one year under the "Personal Information Validity Period"
  • In the case of paragraph 1, paragraph 1, item 2, item 4, or item 5, the company may request the customer to resolve the problem within the specified period. Nevertheless, if the customer does not take the necessary action to resolve the issue, the company may terminate the service contract.
  • In the case of 'individual services' that do not have a history of use for one year after the 'Service Agreement', the contract for 'individual services' can be terminated after customer notification. However, in this case, the customer's prior notification shall be carried out in the manner prescribed in Article 7.

Article 15 (Restriction on Use of Spam Mail Sender)

  • For purposes of terminology, the company may limit its services or terminate its service contract if the customer is spamming (for the purpose of the term, "spam" advertising information intended to generate revenue by unilaterally sending or posting against the intended intent of the recipient).
    • When the Korea Communications Commission or the Korea Internet & Security Agency detects a customer's spamming behavior and requests suspension of use.
    • If a customer sends a large amount of spam and causes a service system failure, or if such failure is likely to occur
    • If the spam recipient continues to send spam even though he or she has requested that his or her address be deleted
  • If the customer does not respond to the request despite the company's request to take action on spam complaints, the customer will be liable for unilaterally sending or posting commercial advertising information against the recipient's clear refusal.

Chapter 3 Obligations of Contracting Parties

Article 16 (Company's Duty)

  • The company strives to deliver the services customers require in a stable and continuous manner.
  • In the event of a failure that interferes with the normal operation of the service, the company will do its best to maintain or repair it as soon as possible and to ensure that the service is running reliably.
  • Company shall deal with customer comments or complaints fairly immediately or within a period of time, and shall follow the procedures set by the Company.
  • In order to operate the service smoothly, the company can collect and keep customer personal information according to the privacy policy posted on the service website. The company does not provide the customer's personal information to third parties without the customer's consent. Provided, That this may not apply to requests for the provision of customer personal information through warrants issued by courts or other judicial agencies for the purpose of investigation, etc. in accordance with relevant laws and regulations.
  • The company does not access or process customer information or data related to the service for purposes outside the terms of use. However, if access is required to provide smooth services such as handling failures and protecting customers' information, customers' information can be accessed and the contents can be understood.
  • The company obtains the customer's consent when data processing, such as deletion or modification, is required to smoothly provide service to the customer's information identified in accordance with paragraph 5. However, the company may suspend the use of the customer's service if it interferes with the company's service operation and other customers' use of the service even if the customer does not agree or disagrees, and the procedure is as prescribed in Article 11 (2) or below.

Article 17 (Customer's Duty)

  • Customers must pay the usage fee on or before the specified payment date.
  • Customers shall not interfere with the operation of the company's services or use of other customers' services or infringe on the rights of third parties. In this regard, the company may install and operate a menu on the service website to notify the company of the customer's illegal activities, etc.
  • Customers shall not use sites or bulletin boards operated through the service for the purpose of distributing, publishing, or linking pornographic information, illegal information, harmful information, illegal gambling information, etc., and shall not engage in illegal acts. In addition, the customer himself/herself is responsible for the ownership and management of the customer's information, such as services and information handled by the customer using the service.
  • When processing, managing, using, or accessing third-party personal information using the service, the customer shall manage and protect the personal information in compliance with relevant laws and regulations, and the company shall not be liable for loss or damage.
  • Customers should make regular security updates regarding system operations to ensure that their servers are protected from intruders through the service. The Company shall not be responsible for any security incident that occurs unless the Customer has separately entered into an agreement with the Company regarding System Security Services. The company can perform security control tasks for security measures related to the use of customers' services, and for this purpose, can access customer information and understand the contents, notify the customer of the results, and request security measures. Customers must respond to the company's request for increased security.
  • Customers must retain or acquire all rights to their servers, software programs, etc. and are fully responsible for copyright issues that arise.
  • If a customer distributes or sends illegal software or spam through the service and harms another customer or a third party, the company is not responsible for this and must indemnify the customer from liability, loss, damages, and lawsuits against the company.
  • If a customer distributes or sends illegal software or spam through the service and harms another customer or a third party, the company is not responsible for this and must indemnify the customer and ensure that the company is not harmed by obligations, losses, damages, and lawsuits against the company.
  • Customers shall not publish or transmit data containing software viruses that interfere with or destroy the stable operation of services, other computer codes, files, or programs.
  • Customers are fully aware of the applicable laws, terms and conditions, guidelines and precautions set out on the company's service website and guidelines, and are obligated to follow them. Customers should not interfere with the company's business.
  • Customers are obligated to back up and store the data they handle while using the service and are responsible for any loss caused by data management negligence. However, for customers who apply for and use a separate backup service provided by the company, the company is responsible for data management negligence to the extent specified in the Backup Service Terms.
  • Customers may not resell or re-lease services to third parties without the consent of the Company.

Chapter 4 Compensation for Damages

Article 18 (Company's Compensation for Damages)

  • If the company fails to achieve and maintain the service level guaranteed by the company due to reasons attributable to the company, the company shall compensate the company according to the service level agreement (hereinafter referred to as "SLA"). If the "SLA" for "Individual Services" is not specified in the company's circumstances, the "SLA" for Server Services shall apply mutatis mutandis, but the level of damages shall be as follows.
  • Company's liability for failure to use "individual services" is limited to those set forth in "SLA", and the Company is not liable for indirect/incidental losses such as the customer's expected profits.
  • This clause applies only to customers who use the company's services for a fee, and the company is not responsible for any damage to customers who use the service for free, such as free services or events.

Article 19 (Customer's Compensation for Damages)

  • Customer agrees to indemnify and defend the Company, its affiliates, their respective employees, representatives, partners and licensees in the event of a dispute due to the following reasons, and to ensure that they are not harmed.
    • Customer violates or infringes on terms, applicable laws and regulations
    • 2 Measures taken by companies investigating suspected violations of the terms and conditions or judging that violations of the terms and conditions have occurred
  • If the customer is liable for damages to the Company, it includes, but is not limited to, the company's legal costs, expenses and/or damages resulting from the above-mentioned claims.
  • The provisions of Article 18 shall apply mutatis mutandis to the procedure in which a company claims damages against a customer.

Article 20 (Limitation of Legal Liability)

  • Notwithstanding other provisions, the Company shall not be liable to the maximum extent permitted by the applicable law for any loss or damage arising out of or in connection with any contractual or tort (including negligence) if.
    • In the case of force majeure such as natural disasters or wars
    • If the customer intentionally (including unwritten intention), omission, or negligence
    • Failure to communications services provided by non-company service providers
    • Unless the company intentionally or grossly interrupted the service, if the service was discontinued after prior notice due to unavoidable circumstances such as service diagnosis.
    • If the company discontinues the service for the execution of a pre-announced periodic inspection in accordance with Article 9
    • If the customer's use exceeds the scope of the service as defined by the service contract
    • In the event of damage to yourself or to a third party due to inaccuracy or inappropriateness of the information posted by the customer on the service.
    • In the event of infringement due to a customer's negligence in managing system security
    • Service interruption due to a national emergency, a national network failure, or the equivalent force majeure.
    • If the service is interrupted to prevent the spread of accidents on the customer's system using the service
    • If a service failure occurs due to illegal infringement from outside even though the company has taken protective measures in accordance with the relevant laws and regulations.
    • Service interruption to prevent the spread of incidents in the customer's information system
    • If a customer randomly installs equipment, software, applications, or OS on a company service fails
    • Customers use free services
  • The maximum cumulative amount of damages, losses and litigation arising from a contract or tort (including negligence) or any other damages, losses, or cause of litigation is (A) the total amount paid to the Company for use of the Services within six months immediately prior to the occurrence of the cause of litigation under this condition; and. Limitation of legal liability is intended to be in the interests of the Company and its affiliates and their successors and transferees of any kind (including these and other provisions in these Terms and Conditions). In some jurisdictions, exemptions or restrictions may not be applicable to the customer, which do not acknowledge exemption or limitation of liability for incidental or consequential damages.

Article 21 (Compliance Law and Jurisdiction)

  • The terms and conditions are subject to the laws of the Republic of Korea regardless of the principle of conflict of laws and the location of the customer.
  • Customers and companies permanently agree with the exclusive jurisdiction and jurisdiction of the Seoul Central District Court, and waive their right to object to the inconvenience of jurisdiction and jurisdiction. Notwithstanding the preceding paragraph, the judgment and judgment of the Seoul Central District Court can be executed at any court in the location of the customer or company.

Article 22 (Exemption from Liability)

  • To the maximum extent permitted by the Code, Services are provided to the extent "as is", "valid", and the Company shall not expressly imply any, including, but not limited to, conditions, quality, durability, performance, accuracy, reliability, commercial or special purpose.
  • The Company does not represent or guarantee the validity, accuracy, reliability, quality, stability, completeness, or presentness of the information provided by the Service to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of the validity of implied warranties, so the above exclusions or restrictions may not apply to the customer.

Article 23 (Separation Regulation)

  • If any provision is deemed invalid or unenforceable by the court or the competent court, the enforceability of the remaining provisions remains unaffected and enforceable.

Article 24 (Non-Waiver of Rights)

  • Even if the Company fails to execute or take action in connection with the Customer's breach of the Terms and Conditions, the Company shall not be deemed to waive the rights and the rights to the Terms and Conditions for subsequent or similar actions.

Article 25 (language)

  • All means of communication posted or notified by the company under these Terms and Conditions shall be in Korean. In this case, the company may provide English translation along with Korean for the convenience of users. However, if the company provides an English translation of these Terms or provides an English translation in posting or notifying, any discrepancy between the Korean and English translations shall prevail. Nevertheless, customers can choose Korean or English as a means of communication with the company.

    Supplementary Provisions These Terms and Conditions shall apply from January 26, 2023.