AIONCLOUD TERMS AND CONDITIONS
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of these Terms of Provisions is to define the rights, obligations, and responsibilities between the Member and the Company using the AIONCLOUD service provided by MONITORAPP Co., Ltd. (the “Service”).
Article 2 (Effect and Change of Terms)
① The contents of these Terms are on the Internet website of this Service (https://www.aioncloud.com). It also is posted on the service screens, and the Company will inform Members in other ways that take effect when the Member agrees to join the Service.
② The Company may revise these terms and conditions or additional terms applicable to the Service to reflect changes in laws or services. If the Terms and Conditions are changed, notice will be given without delay in accordance with Paragraph 1 from 15 days prior to the effective date until the day before the effective date. However, in the case of amendments to the terms and conditions that are unfavorable to the Member, a second notice shall also be made through e-mail for a considerable period, beginning from 30 days before the effective date until shortly after the effective date, along with the above-mentioned 15-day prior notice. Only in cases where individual notice is difficult due to the Member's failure to provide or change contact information, etc., individual notice will be deemed to have been made by posting the changed terms and conditions on the website.
③ If the Company had announced or notified the Member of the revised terms and conditions under the preceding paragraph, and the Member did not express their intention of refusal to the Company before the expected effective date, the Member shall be deemed to have agreed to the revised terms and conditions.
④ If the Member does not agree to the changed terms and conditions, the Member may stop using the Service and terminate the service agreement.
⑤ In the case of a conflict of content between the Terms and Conditions and the Amended Terms and Conditions, the Amended Terms and Conditions will apply to the conflicting matters.
⑥ If the Company has taken action in accordance with this Article when changing the Terms and Conditions, the Company shall not be liable for any damages caused by the Member’s unawareness of the changed Terms and Conditions.
Article 3 (Definition of Terms)
Definitions of terms used in these Terms and Conditions are as follows.
① "Member" refers to a customer who accesses the website, agrees to these terms and conditions, creates an account by providing an email address, and creates a password to use the service.
② "Operator" refers to a person appointed by the company for the service's overall management and smooth operation of the Service.
③ "Homepage" refers to the internet homepage (https://www.aioncloud.com) that provides this Service.
④ "Email Address Verification" refers to the process of verifying the email address provided by a Member by sending the verification link to the email address provided by the Member and having the Member click on that link.
⑤ "Device" refers to digital devices that a Member use to access the Service, including PCs, tablet PCs, and smartphones.
⑥ "Storage Server" refers to the virtual storage where the above contents are stored. "Client" refers to a program installed on a Member's gadget to access the Service.
⑦ "User Portal (Console)" refers to a management tool that can store and manage preferred data within the Service.
⑧ "Security Incident" means a specific state where customers using this Service cannot access the webserver.
Chapter 2 Membership and Management
Article 4 (Conclusion of Use Agreement)
① This Service agreement takes effect when a person who wants to become a Member (hereinafter referred to as the "applicant") agrees to the Terms and Conditions, applies for membership, and the Company approves the application.
② The Company may demand the applicant to undergo other authentication procedures to verify their identity, such as e-mail address verification. In this case, the applicant for this Service must complete the registration process, including performing the relevant authentication.
③ As a general rule, the Company approves the use of the Service upon the membership application. However, the company may not approve applications that fall under any of the following reasons or may terminate the service agreement afterward.
- 1. In case of a false application when registering as a user, such as using another person's e-mail address or performing false e-mail authentication
- 2. In case the Company cannot provide the Services to the applicant due to technical problems
- 3. In case the service fee is not paid within the consented period
- 4. In case of deletion or mistake in the customer registration information
- 5. In case applicants do not complete the authentication procedure set by the Company, such as e-mail verification
- 6. In case of not acquiring the consent of the legal representative of a child under the age of 14 years old for the collection and use of personal information, etc.
- 7. If a member who has been suspended from membership by the Company arbitrarily terminates the Service agreement and applies for re-use during the period of such action
- 8. In case the application is made to disrupt the social order and public morals
- 9. In other cases, if the applicant is ineligible, uses unfair or illegal methods during the application, or is responsible for activities not approved by the company
④ In case the Company withholds or denies the membership application under paragraph 3 of this Article, the Company shall provide the applicant with the reason for the reservation of approval, the period when approval is possible, additional requested information or materials necessary for approval, and other matters related to reservation of consent or rejection. Such notices will be posted on the relevant service screen or notified via e-mail, etc.
⑤ If a Member agrees to these Terms and Conditions, the Member is deemed to agree to all services the Company provides concerning the Service.
Article 5 (Change of Member Information)
① The Members can view and modify their personal information at any time through the personal information management screen. However, some items required for service management cannot be modified
② If there are any changes to the information provided when applying for membership, the member must modify it online or notify the company of the changes through a method acceptable to the company, such as email.
③ The Company is not responsible for any disadvantages arising from failure to notify the changes in Paragraph 2.
Article 6 (Personal Information Protection Obligation)
The Company strives to protect the Members' personal information, including member registration information, under the relevant laws. The protection and use of personal data shall be governed by the company's applicable laws and the personal information processing policy. However, the Company's privacy policy does not apply to linked sites other than the Company's official site.
Article 7 (Member's Personal Information Management Obligation)
① Members are responsible for managing their e-mail addresses and passwords, and they must not allow a third party to use them.
② The Company is not responsible for any loss or damage caused by members' failure to provide valid information or keep account information safe.
③ If the Members notice any unauthorized use of account information or suspect that someone has accessed their personal content, they must immediately change their password and notify our customer service.
④ The Company is not responsible for any disadvantages or other damages if another person performs the authentication procedure under the Member’s due to negligence, or if the Member conducts authentication by stealing another person's name.
Article 8 (Notification to Members)
① When notifying a Member, the Company may send the notification to the Member's registered email address.
② In case of notification to multiple members, the Company may substitute individual notices by posting on the service bulletin board, etc.
Chapter 3 USE OF SERVICES
Article 9 (Content of Service)
Services provided by the Company are as follows.
① WAF service (optional when applying for security service)
② WSPC service (optional when applying for security service)
③ SWG service (optional when applying for security service)
④ Business Tech Support service (optional when applying for security service)
Article 10 (Provision of Services)
① The company's period of providing this service to members is from the date the company approves the member's application for use of this service until the termination of this Service use agreement or termination of this Service.
② As a general rule, the "Service" is provided 24 hours a day, 365 days a year.
③ The Company may separate the "Service" into a specific range and specify the available time for each range separately. However, in this case, the Member will be notified in advance.
Article 11 (Change and Suspension of Service)
① The Company may change all or part of the Service provided under operational and technical needs if there is a valid reason.
② In case there are changes in the contents, such as using methods, or usage time of the Service, the reason for the change, the contents of the Service to be changed, the provision date, etc. must be posted on the initial service screen before the change effective date of change.
③ The Company may restrict or suspend all or part of the Service in the following cases.
- 1. In case of unavoidable circumstances due to construction such as maintenance of service facilities
- 2. In case a Member interferes with the Company's business activities
- 3. In case of disruption to regular service use due to power outage, equipment failure, or excessive usage, etc.
- 4. In case the Service cannot be maintained due to various company circumstances, such as termination of the contract with the service provider
- 5. In case of irresistible force, such as natural disasters or national emergencies
④ In the case of service interruption according to the prior paragraph, the Company will notify the Member in the manner set out in Article 8. However, if prior notification is not possible due to service interruption beyond the Company's control (disk failure, system down, etc. that is not intentional or negligent of the company or operator), the notification may be made after the fact.
⑤ The Company may modify, suspend, or change some or all of the services provided free of charge for the needs of the Company's policies and operations. No separate compensation is provided to the Member unless required by the relevant law.
Article 12 (Information Collection)
① The Company may collect the Member’s website access log information to improve and advance the quality of the Service.
② The Company complies with relevant laws and regulations, including the Personal Information Protection Act, with respect to the information collected in the preceding paragraph, and does not transmit or disclose it to outside parties.
③ The Member’s consent to information collection shall be replaced by consent to these Terms.
Article 13 (Service Fee)
① The Company may charge a usage fee for providing some specific services or functions of this Service.
② The Company's types of prices and paid services are informed on each service display page. In addition, the Company may add, change, or discontinue sales of services by giving notice for a certain period and may add new services or event services.
Article 14 (Billing and Payment of Service Fee)
① Prepayment
- 1. The payment methods that Members can use for prepayment for paid services are as follows.
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- A. Various card payments such as prepaid cards, debit cards, and credit cards using bill issuance
- B. Other electronic payment methods approved and accepted by the Company
- 2. The Company will charge the payment as indicated on the purchase screen
- 3. The Company may claim the payment differently than in the preceding paragraph through a separate contract with the Member.
② Postpaid payment
- 1. The payment methods that Members can use for postpaid payment for paid services are as follows.
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- A. Payment by diverse cards such as prepaid cards, debit cards, credit cards, and deposit in bankbook through bill issuance
- B. Other means of payment approved and accepted by the Company
- 2. The Company bills the customer at the end of the following month based on the customer's initial service start date.
- 3. The Member pays the payment on the last day of the following month based on the billing date.
Article 15 (Starting and Stopping Paid Services)
① After confirming a Member has completed the payment, the Company begins the paid service by providing the agreed-upon service to the Member.
② When the Member does not want to use the paid service, the automatic payment may be stopped according to the method designated by the company. The Company does not charge the Member when the automatic payment is ceased.
③ Even if the Member stops automatic payment, the Company does not refund the amount paid before the suspension. The Member can continue to use the paid service until the end of the paid service usage period according to the previous payment.
④ When a Member ceases automatic payment, the Company suspends the provision of paid services from the end of the paid service period.
⑤ If a Member does not pay service usage fees or other debts borne by the Member related to the use of the Company's services on the due date, the Company may restrict or suspend the Service or terminate the Service agreement in accordance with Article 4.
Article 16 (Imposition of Delay Damages)
① If a Member does not pay the usage fee by the due date specified in the invoice, the Company may charge the Member an amount equivalent to 3/100 of the usage fee as delay damages.
② Delay damages under the provisions of Paragraph 1 may be claimed in addition to the overdue service charges on the day following the expiration date of the usage.
Article 17 (Return of Fees)
① Paid services are prepaid if a refund request is received within 07 days after payment, and if purchase details are confirmed, the Company will cancel the transaction within 03 business days from the date the cancellation request is received.
② However, when the Service cannot be continued due to unavoidable reasons of the Company, a portion of the payment will be refunded using the method designated by the company, depending on the remaining usage period after the service is finally discontinued
Article 18 (Provision of Information and Posting of Advertisements)
① In operating the Service, the Company may provide various information to Members by posting it on the Service screen or by e-mail, etc.
② In operating the Service, the Company may post various advertisements related to the company's or its affiliates' services on the service screen or provide it to Members through e-mail or other means after receiving Members’ consent.
③ "Users" (including Members and non-members) shall not take any action with said posts, such as changing, modifying, or restricting postings or other information concerning the Services provided by the Company.
④ Any communication or transaction, such as a Member's use of advertisements posted on the service or participation in the advertiser's promotional activities through the Service, is entirely a matter between the Member and the advertiser. If a problem arises between a Member and an advertiser, the Member and the advertiser must resolve it directly, and the Company does not take any responsibility in this regard.
⑤ In providing the service for free, the Company may install a third-party service simultaneously during installation. The advertising income acquired through this will be used to improve the quality of this Service.
Chapter 4 Obligations of the Contracting Parties
Article 19 (Company's Obligations)
① The company grants users the right to install and use the client free of charge.
② In order to provide continuous and stable service, the Company will restore or repair the equipment of the client without delay if there is a failure or damage to the equipment of the client, unless there is an unavoidable reason.
③ When this service is updated, the Company provides users with an installation file for service updates. Depending on the status of the update, some of the already provided service functions may become unavailable, or new features may be added.
④ The Company does not provide or share Members' personal information with third parties except in cases where the Member agrees or is stipulated by laws and regulations.
⑤ The Company may create and use statistical data on all or part of the Member's personal information, processed in a way that cannot identify a specific individual without the Member's prior consent
⑥ The Company occasionally informs Members of the specification of the use of personal information gathered from them. However, if the Company fails to collect personal information that can be notified to Members, such as contact information, or if personal information is provided to a relevant organization under related laws such as the Communications Secrets Protection Act, such personal information is excluded from notification. In this regard, the specific types of information subject to notification, notification frequency, method, and other matters necessary for notification of usage details shall follow relevant laws, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection.
⑦ The company shall promptly manage complaints from Members related to the Service. If rapid processing is complicated, the reason and processing schedule will be posted on the service screen or notified to Members through e-mail.
- 1. Members who only use FREE 5GB are not eligible for the company's mandatory technical support.
- 2. For Members who purchase packages over 20GB or Members who purchase Business Tech Support, the Company is obliged to respond within 72 hours for the following.
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- A. Installation Support (DNS change)
- B. Security Policy Setting Support
- C. Telephone Support (weekday: 09:00~18:00)
- D. Monitoring Support (weekly: 09:00~18:00)
- 3. Technical support is provided via email only, local visits and remote support are not supported
⑧ If damage occurs to a Member due to the Service, the Company is liable only under the circumstance when such damage occurred is caused by the intention or gross negligence of the Company. The range of liability is as follows.
- 1. Members who purchase a package of 20GB or more are included in the following damages.
- 2. Members who only use FREE 5GB are excluded from the availability targets and compensation for damages.
- 3. Among Members who purchase packages of 20GB or more, Members who have been bypassed are excluded from compensation for damages.
- 4. Any decrease in availability during service updates is excluded from compensation.
- 5. The time required for the DNS change process within domain registration response time is excluded from the compensation.
- 6. Damages caused by web attacks are excluded from the compensation.
AVAILABILITY RATE | COMPENSATION RATE |
---|---|
99.9%~99.5% | 1% of the monthly fee |
99.49%~99.0% | 3% of the monthly fee |
99.0% under~ | 5% of the monthly fee |
⑨ The Company complies with laws and regulations related to the operation and maintenance of services, such as the Information and Communications Network Act, the Protection of Communications Secrets Act, and the Telecommunications Business Act.
Article 20 (Member's Obligations)
① Members shall not engage in the following acts when using the Service.
- 1. Entering false information when applying for or changing use, stealing, or using another Member's email address and password illegally
- 2. Duplicating, distributing, or commercially using information acquired by using the Company's Service information without the prior consent from the Company
- 3. Violating copyrights and other intellectual property rights of the Company or third parties
- 4. Intentionally interfering with the Service operation or transmitting information that may interfere with the stable operation of the Service and advertising information against the recipient's explicit refusal to receive it
- 5. Collecting, storing, or disclosing other Members' personal information
- 6. Transmission or posting information (including software, applications, and PC agents) whose transmission or posting is prohibited by the relevant laws and regulations
- 7. Posting or sending emails employing impersonation, using the name of an employee, operator, or another person of the company, or falsely stating the relationship with another person
- 8. Other illegal or unfair acts
② Members must comply with the relevant laws, the provisions of these Terms and Conditions, the usage guide and notices posted on the Service, and matters notified by the Company, and must not engage in any other actions that interfere with the Company's business. If a member violates this, the Company may restrict or suspend the Member's service use under Article 18 of these Terms and Conditions.
③ Members cannot commit sales activities to sell products using the Service except in cases officially recognized by the company. In particular, hacking, profit-making through advertisements, profit-seeking activities through malicious sites, and the unauthorized use of other people's works or commercial software are prohibited. The Company is not responsible for the results and losses of business activities that violate this condition or for legal actions resulting from these actions, such as arrest by the relevant authorities. If damage occurs to the company in connection with such acts, the member is responsible to the company and must compensate for the damage.
④ If a Member commits an act defined in Paragraph 1 of this Article or an act that infringes on this agreement, the Company may withdraw some or all of the additionally provided benefits, restrict the use of specific services, terminate the service agreement, or claim compensation for damages.
⑤ If the Company takes the measures stipulated in Paragraph 4 of this Article, the Company will notify the Member in advance by phone or e-mail. In case of unavoidable circumstances, such as loss of contact with the Member or an urgent request, notice may be given after preliminary measures under relevant laws.
⑥ If there is a reason to protest against the Company's measures under Paragraph 4 of this Article, the Member may file a protest following the Company’s protest procedure.
⑦ Although the Company terminates the use contract with the Member under Paragraph 4, these Terms and Conditions will continue to apply to the completion of the sales contract already concluded before termination.
⑧ When the service agreement is terminated as specified in Paragraph 4, the Company may cancel transactions related to the Member without separate notice. If the purchasing Member paid for the product by credit card, this credit card sale might be canceled.
⑨ If the service agreement is terminated as stipulated in Paragraph 4 of this Article, the Company may refuse to accept the Member's application for reuse.
⑩ When registering to use the Service, Members must provide complete and accurate information that matches current facts (hereinafter referred to as "registration information").
⑪ Members must update their registration information immediately if any changes occur. The Company is not responsible if the registration information or the updated registration information provided by the Member is inaccurate and the Company is unable to provide smooth services to the Member. Additionally, the Company is not responsible if the Member suffers disadvantages due to this.
Article 21 (Termination of Contract and Restrictions on Use)
① Termination of the service agreement may be terminated by the Member's notice of termination or by the Company's authority.
② When a Member wishes to discontinue the service use agreement, they may delete the Member's account and withdraw from membership at any time according to the procedure set by the Company in the Member Information Managing.
③ When a Member does not fulfill the Member's obligations stipulated in Article 20, the Company may immediately terminate the service agreement or suspend the use of the service without prior notice.
④ Members may file an objection against the Company's measures in Paragraphs 1, 2, and 3 of this Article following the procedures set by the Company. If the Company recognizes that the Member's objection is justified, the Company will immediately resume providing the Service.
⑤ In case a Member applies for withdrawal, the Member's data will be deleted after 3 months. So, the Member is responsible for any loss of personal information and content that occurs after the Service is terminated.
Article 22 (Transfer Prohibited)
① A Member cannot transfer or bestow the right to use the Service or other contractual status to another person. All rights and responsibilities, including the copyright for the posts, belong to the Member who posted it.
Chapter 5 Other
Article 23 (Exemption Matters)
① The Company is exempted from the responsibility of providing the Service in cases due to a natural disaster or irresistible force.
② The Company shall not take responsibility for any impediments to using the Service due to Members’ attributable reasons.
③ The Company is not responsible for the loss of profit expected by the Member using the service and any other damage caused by data obtained through the Service. In addition, the Company shall not take responsibility for the reliability and accuracy of information posted on the website by Members.
④ The Company is not obligated to intervene in disputes between Members, or between members and third parties through the Service, and is not responsible for compensating for any damages resulting from them.
⑤ The Company is not responsible for any damage caused by Members leaking or providing their personal information to others.
⑥ The Members' views expressed or revealed through products or information are not related to the Company's views. The Company does not bear any responsibility for the products or information provided by the Members.
⑦ The Company does not intervene in transactions made between members and companies connected through links and banners on the service screen (hereinafter referred to as “Linked Companies”) and is not responsible for such transactions.
Article 24 (Governing Law and Jurisdiction)
① The governing law for lawsuits related to these Terms of Use shall be the law of the Republic of Korea.
② The Seoul Central District Court has exclusive jurisdiction over lawsuits related to these Terms of Use.
Additional Provisions - Public Cloud Users
This additional provision applies only to customers who use the public cloud in South Korea. The additional provision is part of and is subject to these Terms and Conditions. As long as it is specified in the additional provisions, the additional provisions take precedence in the event of any inconsistency with the Terms and Conditions. Definitions of terms not separately defined in this additional provision shall follow the Terms and Conditions.
- (1) Article 9 is amended and replaced as follows to give its full meaning.
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- ① The services provided by the company are as follows.
- 1. WAF Service (optional when applying for service)
- 2. WMS Service (optional when applying for service)
- 3. Business Tech Support Service (optional when applying for service)
- ② The location of product service data storage and processing is limited to the IaaS service scope for public institutions of NAVER CLOUD PLATFORM.
- ③ The physical location for the development and operating environment of the provided Service is limited to South Korea.
- ④ The user's data is stored in an encrypted state. When transmitted or transferred according to a customer's request, it is safely transferred through communication section encryption (SSL).
- (2) The following provisions are added to Article 19.
- ① The user owns the data generated while using the Service. The Company protects the data in accordance with the laws and regulations.
- (3) The following provisions are added to Article 20.
- ① The user owns the data generated while using the Service and is responsible for any theft and leakage of user information due to the user's violation of duty of care.
- (4) The following provisions are added to Article 25 (provisions applicable mutatis mutandis).
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- ① The company's service level agreement may be amended according to the service Terms and Conditions defined in the procedure, and the SLA at the time the failure occurs will apply.
- ② Security requirements not specified in other agreements may be reflected by agreement
Supplementary Provision
These Terms and Conditions are effective from March 18, 2024.