PeriFlow Cloud Terms of Service
CHAPTER I. GENERAL PROVISIONS
1. Purpose
The purpose of these Terms of Service (“Terms”) is to prescribe the rights, obligations, and responsibilities of FriendliAI Inc. (“Company”) and its users concerning the Artificial Intelligence serving services (“Services”) provided to users through the Software-as-a-Service (SaaS) platform called PeriFlow Cloud (the “Site” or “PeriFlow Cloud”).
The Company and its users shall exercise their rights and perform their obligations under these Terms with good faith.
2. Definition
The terms used in these Terms have the following meanings:
“Site” means the website and applications operated by the Company. It includes other websites, CLIs, and mobile applications provided through smartphones and mobile communication devices as announced and provided by the Company later. The Website includes a forum website for handling inquiries and issues related to the Member’s use of PeriFlow Cloud, a manual document website for explaining how to use PeriFlow Cloud, and a service website for using PeriFlow Cloud Services.
“Member” means a person who is entitled to use the Services by agreeing to these Terms.
“Member ID” means a username created by the Member using a combination of letters and numbers to identify the Member; or an email address provided by the Member during membership registration.
“Password” means a combination of letters, numbers, and special characters that the Member selects and registers on the Site to verify the identity of the user as the Member and to protect the Member’s information on the Site.
“Membership Withdrawal” means an act of the Member terminating the Service Agreement.
“Organization” means a group of Members who collaborate with each other to use the Services and shall collectively pay the service fee.
“Service Tier” means the distinct levels of the Services categorized based on the scope and extent of Service use. Each Organization belongs to one (1) service tier, and the service tiers are divided into two (2) categories: Basic Tier and Enterprise Tier. Organizations created with the Company’s approval, but without a separate agreement by the parties, are categorized under the “Basic Tier,” while Organizations that have entered into a separate agreement with the Company belong to the “Enterprise Tier.” Organizations in the Enterprise Tier may receive additional benefits (such as unrestricted GPU resources available for deployment and higher levels of service support) compared to the Basic Tier, subject to a separate agreement with the Company.
“Project” means a Member group established under the Organization with a specific objective, and serves as the unit that generates service fee.
“Credential” means unique value information that can be used to verify the Member’s access permissions within a third-party service used by the Member.
“Deployment” means a unit of job that deploys an artificial intelligence (AI) model to virtual machine etc. for use in the serving Service.
“Checkpoint” means a file that contains structured parameter values of an AI model.
“Catalog” means a list of shared Checkpoints published for the use by all PeriFlow Cloud Members. The Company or the Member may publish Checkpoints for which they have lawful ownership or usage rights in the Catalog, and may also remove the published Checkpoints at any time. The Member may copy or reference Checkpoints listed in the Catalog for specific projects and use them in the serving services.
“Service Credit” means the credit granted by the Company to the Member, expressed in USD, where each (1) credit holds a value of $1 (one dollar). Service Credit shall be provided: (1) when the Company fails to comply with the service levels under the separate Service Level Agreement due to reasons attributable to the Company; and/or (2) during service promotions.
“IP Content” means all data, information, materials, features, functions, and other content provided by the Company for the establishment and operation of the Services, including, but not limited to, any and all techniques and learnings that the Company develops in connection with the operation of the Services, logging or statistical data (including performance and accuracy data) obtained during the Member’s use of the Services, as well as information regarding availability, features, and functionality of the Services. All patents, copyrights, trademarks, trade secrets and/or other intellectual property rights of all materials included in the Services, including IP Content, belong to the Company and are protected by applicable laws.
The terms not defined in this Article shall have the respective meanings prescribed to them in the Site guide, relevant laws and regulations, or otherwise in accordance with commercial practices.
3. Display and Effect of Terms
The Company shall make the contents of these Terms accessible to users by providing a separate linked page or through a pop-up window within the PeriFlow Cloud Services.
The effects of the warning messages presented on the page when using the Services shall be the same as the effects of these Terms.
The Company may, if necessary, determine the matters to be applied to individual services (the “Individual Terms and Conditions”) and notify them through the Site. If the Individual Terms and Conditions are amended, the contents of Article 4 shall apply mutatis mutandis.
These Terms shall apply to all Services that the Company provides to the Member through the Site. However, if the Individual Terms and Conditions apply, or if the service is provided on a separate internet site operated by the Company, the Individual Terms and Conditions or the terms and conditions of the relevant site shall take precedence.
Matters not specified in these Terms shall be governed by the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, other relevant laws and regulations, detailed guidelines for the use of Services set by the Company, and general commercial practices.
4. Amendment to the Terms
The Company may amend the Terms to the extent that they do not violate relevant laws and regulations, such as the Act on the Regulation of Terms and Conditions.
If the Company intends to amend these Terms, the revised Terms shall be announced on the Site seven (7) days prior to the effective date, specifying the effective date and the reasons for the amendment. However, if the amendments are made unfavorably to Members, at least 30 days advance notice shall be provided to the Member.
If the Member has not explicitly expressed his/her intention to reject the amended Terms by the effective date of the revised Terms, he/she shall be deemed to have approved the amended Terms. The Member who does not agree to the amended Terms may freely terminate the Service Agreement at any time.
If the Company intends to transfer the contractual relationship (including related rights and obligations) under these Terms by means of business transfer, etc. in accordance with the procedures set forth in the relevant laws and regulations, it shall be deemed that the Member has consented to the transfer when: (1) the Company notifies the Member of such fact individually or publicly; and (2) the Member fails to express his/her intention of refusal to consent for 30 days. If the Member does not agree to this paragraph or refuses to give consent under this paragraph, the Service Agreement under these Terms may be terminated at any time.
CHAPTER II. MEMBERS
5. Membership Registration and Approval
If a user who desires to become a member (“Applicant”) agrees to the Terms, enters membership information (ID, password, email address, etc.) in the registration form prescribed by the Company and completes the identity verification process, the Company may accept such application for membership. Once the membership registration page indicates that the Applicant’s membership registration is completed, the service agreement shall be deemed to have been established (“Service Agreement”).
In principle, the Company approves the membership registration for the application of the Applicant. However, the Company may not approve an application falling under any of the following subparagraphs:
(In case the Applicant is a corporation) where such corporation or position of administrator who has proceeded with the application process for the corporation cannot be verified;
Where the Applicant provides false information in the application for the Service Agreement;
Where an application is filed by an Applicant who is in competition with the Services;
Where the Applicant intends to use the Services for unlawful purposes;
Where the Member, whose Service Agreement was terminated due to a cause attributable to the Member, reapply for the membership; and/or
Where it is difficult for the Company to approve the application of the Applicant due to other reasons attributable to the Applicant.
If an application for the use of Services falls under any of the following subparagraphs, the Company may withhold approval of the application until the grounds for restriction of approval have been removed:
Where Service-related facilities are insufficient;
Where technical problem exists; and/or
Where it is difficult for the Company to approve the application due to any other reasons attributable to the Company.
The owner of an Organization (“Organization Owner”) may perform all activities for the use of the Services on behalf of the Organization, and the effect of all activities of the Organization Owner within the Site shall belong to the relevant Organization. The Company may request the Member to submit materials or information necessary to confirm whether the Member (who is the Organization Owner) is able to represent the Organization, and if the Organization Owner fails to comply, the Company may not allow the creation of the Organization or may delete the Organization.
6. Withdrawal and Disqualification of Members
When the Member intends to terminate the Service Agreement (“Withdrawal of Membership”), the Member may submit a request for the Withdrawal of Membership on the Site or by email, and the Company shall immediately process the Withdrawal of Membership after confirming that all service fee has been paid. The Member shall be responsible for any disadvantages arising from the Withdrawal of Membership.
If the Member falls under any of the following subparagraphs, the Company may restrict or suspend his/her membership in an appropriate manner or terminate the Service Agreement:
Where the Member has registered false information when he/she applies for membership registration;
Where the Member threatens the order of electronic commerce by interfering with the use of Services by a third party or unauthorized use of information belonging to a third party, etc.;
Where the Member infringes on the rights, honor, credit, or other legitimate interests of the Company or any other Member, or commits any act in violation of the relevant laws and regulations of the Republic of Korea, good morals, and other social order;
Where an order such as attachment or provisional attachment regarding the Member is issued by a court, or a request for suspension of use is made from an authorized investigation agency;
Where the Company restricts or suspends membership of the Member, and the Member repeats the same act at least twice, or fails to rectify the ground for restriction or suspension within ten (10) days; and/or
Where the Member breaches any condition under these Terms.
If the Company terminates the Service Agreement, the Member shall be notified and provided with an opportunity to provide an explanation before the membership termination. However, in cases where reasons are explicitly stipulated in these Terms or the operating policy of the Site, an explanation period may not be granted.
If the Company cancels or terminates the Service Agreement pursuant to Article 6.2, the Company may claim damages against the Member. However, the foregoing shall not apply where the Member proves that there are no reasons attributable to himself/herself.
The Company prohibits the Member’s sharing of his/her account with other users. Even if a third party uses the Member’s account and violates the Terms during the account sharing, sanctions may be applied to the Member or to the Member’s account. Further, the Company may also impose sanctions for violations of the Terms on the following users: (1) the user who abets or conspires with other users in violation of the Terms; and/or (2) the user who aids other users’ violation of the Terms or unfairly benefit from such violation.
Upon termination of the Service Agreement, all information related to the use of the Services shall be deleted, except where the Company retains the information of the Member in accordance with relevant laws and regulations and the Privacy Policy.
7. Notification to Members
The Company may notify the Member via the Site, email, text message (SMS), or phone.
As for the notice to all Members, the Company’s posting on the Site may be deemed as a notice pursuant to Article 7.1.
The Company shall not be held liable if the Member fails to receive the notification as per this Article, due to inaccurate contact information provided by the Member, refusal to accept the communication, or failure to confirm the notification.
CHAPTER III. SERVICE PROVISION AND USAGE FEE
SECTION 1 General Provisions on Services
8. Details and Procedures of the Services
The Services provided by the Company are as follows (The Company may add services as deemed necessary):
service related to serving of artificial intelligence; and
Other related supplementary services.
The details and procedures of the Services shall be stipulated in the separate manual document provided by the Company.
9. Restrictions on the Use and Provision of Services
The Services, in principle, shall continue for a year around 24 hours a day, unless there are operational or technical issues.
The Company may restrict or suspend temporarily all or part of the Services for reasonable grounds, such as regular inspection, maintenance, replacement, etc., which cause disruption to the Services.
All or part of the Services may be restricted or suspended: (1) in the event of war, accident, natural disaster, or national emergency equivalent thereto; (2) in the event of a power outage, overuse of Services, etc. which makes normal Services impossible; and/or (3) in the event of other force majeure.
If the Company restricts or suspends the Services temporarily under Article 9.2, the Company shall make a notification to the Member. However, this shall not be the case if it is impossible to give prior notice due to Service interruption for reasons beyond the control of the Company.
The Company shall indemnify for any damages suffered by the Member or a third party due to the temporary suspension of the Services under Article 9.2; Provided that, the Company shall not indemnify for any damages if it proves that there is no reason attributable to the Company.
Service levels warranted by the Company and compensation for non-maintenance are subject to a separate Service Level Agreement (“SLA”).
The Company may allow the Member to access beta test, test use, trial, preview version, public beta release, etc. (“Beta-version Services”) by disclosing them to the Member. Beta-version Services shall be provided “as-is” and “with all faults”, and shall be excluded from all warranties provided in the SLA. The availability, features, and functionality of the Beta-version Services shall be considered confidential information of the Company, and the Member shall not share or disclose them to any third party. The Company has the right to discontinue the Beta-version Services at any time without notice, and shall not be liable to the Member for such action.
The Company may change, discontinue, or deprecate any part, or all, of the Services, or change or remove features or functions of the Services. In this case, the Member may withdraw from membership, and the Member’s continued use of the Services shall be deemed acceptance of the foregoing changes.
SECTION 2 Calculation and Payment of Service Fee
10. Calculation of Service Fee
The service fee payable by the Member shall be invoiced in USD as monthly service fee for the period from the first day to the last day of each month, unless otherwise agreed by the parties; Provided that, Organizations belonging to the Enterprise Tier with a separate agreement may pay for the service fee as stipulated in the separate agreement.
If the provision of Services commences in the middle of the month, the service fee shall be calculated daily from the start date to the end of the month in which the start date falls.
The Company shall, in principle, charge the service fee in deferred payment, but if there is a separate agreement, payment of the service fee shall be subject to such separate agreement.
11. Payment of Service Fee
The Organization Owner, after creating the Organization, shall register a payment method for the payment of service fee. If a payment method is not registered, the user in such Organization shall not be allowed to use PeriFlow Cloud Services that incur any costs, including the creation of Deployments; Provided that, Enterprise Tier Organizations that have a separate agreement with the Company may use the Services without registering a payment method, subject to the terms stipulated in the separate agreement.
To register a payment method, the Organization Owner shall link a relevant PayPal account to the Organization by entering the email address or phone number associated with such PayPal account.
The Organization shall pay the service fee to the Company by one of the following methods. However, in the event of any separate agreement by the parties regarding the payment of service fee, the terms of the separate agreement shall apply:
Payment via Service Credit; and/or
Regular/recurring payments through the linked PayPal account, in accordance with the method specified in Article 11.2.
The Company shall send a service fee statement to the Organization Owner. If the Organization has any objection regarding the service fee, etc., it may raise such objection to the Company within ten (10) days, and the Company shall conduct an investigation into the validity of such objection and notify the Organization of the investigation results.
If an Organization does not pay service fee, the Company may not provide the Services to the Organization.
Organizations bear primary responsibility for the payment of service fee, and if the Organizations fails to pay the service fee, the Company reserves the right to charge the Organization Owner secondarily for those service fee.
As the Company does not directly handle the payment processing, the Company shall not be held liable for any information entered in connection with the payment of the fee and any resulting disadvantages, unless such issues are attributable to the Company.
In principle, any disputes arising between the Member and payment gateways company shall be resolved directly between the parties involved. The Company shall not assume responsibility for the foregoing matters, and the terms and conditions of the payment gateway company shall take precedence over such disputes.
12. Refund and Deduction of Service Fee
If the Organization has made an overpayment or erroneous payment of service fee, the Company shall refund the excess or erroneous amount to the Organization. However, upon the Organization’s consent and/or failure to respond to the Company’s return notice, the Company may offset the same amount from the next month’s service fee.
CHAPTER IV. DUTIES OF PARTIES
13. Obligations of the Company
The Company shall not engage in any activities prohibited by applicable laws and regulations or the Terms, as well as activities contrary to good morals, and shall endeavor to provide the Services in a consistent and stable manner.
The Company shall establish a security system to protect personal information, make the Privacy Policy available to the users, and strictly adhere to the Policy once it has been disclosed.
If the opinions or complaints raised by the Member are objectively justified, the Company shall promptly take actions according to appropriate procedures. However, where there are difficulties in handling the matters immediately, the Company shall notify the Member of the grounds for the delay and provide an estimated processing schedule.
14. Obligations of Members
The Member shall diligently familiarize himself/herself with the manual or guide provided by the Company, make necessary settings for using the Services accordingly, and use the Services to prevent excessive load.
The Member shall use the Services with data (including Checkpoints) that the Member has lawfully obtained and to which the Member has full rights. The Member shall ensure that the Member and/or the Company do not infringe the intellectual property rights, etc. of any third party by the Member’s publishing or use of the data within the Services, and the Member shall be solely responsible for any and all risks and liabilities caused by the Member’s use of such data. The Member shall ensure that no personal information is included in the information stored in the Services.
The Member shall carefully manage stored information (Credentials, Checkpoints, Projects, Organizations, etc.). Notwithstanding any deletion or damage to stored information resulting from the Member’s negligence, the Company shall bear no obligation to restore it.
The Member agrees that during the period of these Terms and for three (3) year thereafter, the Member shall not use, or induce or permit any third party to use, the Services to develop any commercially available product or service that competes with the product or service provided by the Company, or assist any third-party in developing such competing product or service. Any use of the Company’s IP Content and/or intellectual property rights for IP Content for the foregoing purposes shall be equally prohibited.
The Member shall not engage in any of the following:
Registering false information when applying for membership or changing the membership status;
Falsely changing the information posted on the Site;
Infringing on the intellectual property rights, etc. of the Company or any other third party;
Defaming or obstructing the business of the Company and any other third party;
Using IDs of other Members without permission;
Transmitting or posting information (computer programs, etc.) that is prohibited to be transmitted or posted by relevant laws and regulations;
Posting or sending articles by disguising or impersonating an employee or manager of the Company or by misusing the name of another person;
Publishing or sending data containing software viruses, other computer codes, files, or programs designed to interfere with or destroy the normal operation of computer software, hardware, or telecommunications equipment;
Hacking or running similar hacking program or interfering with normal operation by using the Services (for example, hacking or virus dissemination, DDoS attack, etc.);
Performing excessive automated tasks that burden the operation of the Services;
Decompiling, reverse engineering, or disassembling the component software of the Services;
Copying, selling, renting, transferring, distributing, modifying, or creating any portion of the Services;
Providing the Services to any third party as the Member’s product or service;
Using Services or results of Services for illegal or unethical purposes;
Causing failure to the system that measures the service usage of the Member, causing the service fee to be underestimated through the avoidance of such system, or engaging in any action that allows the Member to exceed the use limits;
Acquiring and divulging confidential information (source code, etc.) of the Company or a third party using the Services;
Collecting, storing, or disclosing information about other Members without the consent of the data subject;
Violating the Terms or other policy regarding the Services prescribed by the Company;
Disclosing or posting obscene or violent messages, images, voices, or other information contrary to public morals;
Other acts deemed inappropriate by the Company, such as providing information that distorts the facts; and/or
Other acts in violation of the relevant laws and regulations or the policy of the Company.
The Member shall assume full responsibility for any disadvantages arising from the false or misrepresented information of the Member, and the Company shall not be held accountable for such occurrences.
If the Member has committed an act that falls under paragraphs 4 and 5 of this Article, the Company may take the following measures. However, the actions that the Company may take are not limited to the following subparagraphs, and the illegal acts of the Member to which the Company may take measures are not limited to the cases under paragraph 4 of this Article:
Restriction on the use of certain services;
Termination of the Service Agreement; and/or
Claim for damages.
The Member shall be liable for damages suffered by the Company, other Members, or third parties due to reasons attributable to him/her.
The Member shall comply with the applicable laws and regulations, the Terms, detailed guidelines for use, guidance on the use of the Services, and any public notices issued by the Company related to the Services, and shall review them periodically.
The Member shall cooperate with the Company to ensure that the Company can provide the Services safely, and shall respond promptly and proactively to the Company’s request if the Company requests an explanation for the Member’s violation of these Terms.
15. Obligation to Membership IDs and Passwords
In principle, the Member shall be responsible for the management of his/her Member ID and password.
The Member shall not allow any third party to use his/her Member ID and Password, and acknowledges that the Member shall bear all responsibilities for any consequences arising from such use.
If the Member recognizes that his/her member ID and password have been stolen or used by a third party, he/she shall immediately notify the Company and follow the Company’s guidance. If the Member delays the above notification to the Company, the Company shall not be obligated to compensate for damages caused by such delay.
16. Deletion of Posts or Contents
If a Member incurs damages or other issues to himself/herself or others due to the postings uploaded by another Member, the Member shall resolve the matter directly with the other Member who uploaded the postings, and the Company shall not be liable for such matters.
If the contents posted by the Member fall under any of the following subparagraphs, the Company may delete or modify it without prior notice or consent. However, the Company shall not be obligated to delete such information:
Where the posting period exceeds the posting period prescribed by the Company;
Where there is a request from a person to whom the authority is duly delegated;
Where information posted by the Member infringes on the reputation, rights, etc. of a third party;
Where the information posted by the Member violates the Terms, other policies for Services, the relevant laws and regulations, etc.;
Where a dispute may arise in connection with the Company, the Member, and/or a third party;
Where an administrative agency or the press raises an issue, or where a complaint brings or is likely to bring negative effect on the Company; and/or
Where there are any other reasonable grounds.
Checkpoints posted in the Catalog may be removed by the Company or the Member who posted them without any separate notice. If a Checkpoint is deleted, and a Member has referenced the Checkpoint to a project using the referencing method, such Checkpoint will no longer be available for use, and the Company shall not be held responsible for the foregoing circumstances.
17. Copyright Owner and Related Rights and Obligations
All rights and responsibilities for posts created by the Member shall be vested in the Member who have posted them.
Copyright and other intellectual property rights for IP Content shall belong to the Company, and the Member may not use IP Content without the prior written consent of the Company except as expressly permitted by the Company.
The Member shall not use the information obtained in the course of the use of the Company’s Services for profit by means of reproduction, transmission, publication, distribution, broadcasting, or other means without the prior consent of the Company, or allow a third party to use such information.
The Company may use, reproduce, modify, publish, or distribute the following posts posted by the Member on the Site for marketing purposes related to the provision of its Services. However, the Company shall handle the information to the extent that it excludes personal information when using the posts, and protect the author’s rights to the fullest extent possible:
Profile information of the Organization;
Reviews prepared by the Member (including text and photos); and/or
Other contents prepared and posted by the Member in the course of using the Service.
The Member may request the Company to report and take necessary measures if his/her copyright had been infringed within the Service, and the Company shall take measures in accordance with the relevant laws and regulations.
The Company may delete the post without prior notice, or take measures against the publisher, which may restrict the use of certain services within the Services and terminate the Service Agreement, in the following cases:
Where the post violates the relevant laws and regulations;
Where the post infringes on another person’s rights, reputation, credit, or other legitimate interests;
Where the post contains malicious code or data that may cause malfunction of information and communications devices;
Where the post violates public order or social morals; and/or
Where the post is deemed to hinder the smooth progress of Services provided by the Company.
18. Information Collection
The Company collects information related to the virtual machines on which the Service is used (GPU type, virtual machine type, start time, end time, etc.), meta information for the model (number of layers, number of attention heads, head size, vocabulary size, maximum length, etc.), the records of deployment creation and deletion requests, the timestamps of each inference request received, the timestamps of responses sent for each inference request, meta information for the inference requests (input token counts, negative input token counts, decoding options, denoising options, etc.), and meta information for the responses (output token counts, output image size, etc.).
The Company may utilize the collected information for the purpose of calculating service fee to be invoiced to the Member, or for the improvement of the Company’s products and services. The term ‘products and service’ referred to herein shall not limited to the services covered by these Terms but also shall include other products and services developed and operated by the Company.
CHAPTER V. MISCELLANEOUS
19. Prohibition of Transfer
The Member shall not lend, transfer, donate, etc. his/her right to use the Services to another person, nor pledge it.
20. Disclaimer
The Company shall not be liable for any dispute or damage caused by the Member in violation of these Terms.
The Company shall not be liable for any damages incurred to the Member if the facilities-based telecommunications business operators under the Korean Telecommunications Business Act (including cases in which the internet services provided through cables) have suspended telecommunications services or failed to provide them normally or if the Company is unable to provide Services due to a natural disaster or force majeure equivalent thereto.
The Company shall not be liable for any failure of Services, data loss, problems in relation to development and deployment caused by any reason attributable to the Member, such as negligence in management and operation.
The Company shall not be liable for any damage caused by the Member’s provision of his/her information and account (member ID, password, etc.) to another person or leakage due to the Member’s negligence in management.
The Company shall not be liable for any failure of the Member to obtain the results expected through the Services or any loss incurred by the data obtained through the Services.
The Company shall not be responsible for any legal, moral, and/or ethical issues relating to the deliverables created by the Services.
21. Compensation for Damages
If one of the parties has caused any damage to the other party due to its breach of its obligations under these Terms, the party attributable shall compensate the other party for the damage suffered.
22. Protection of Personal Information of Members
In order to protect the personal information of the Member, the Company shall comply with the relevant laws and regulations, such as the Information Protection and the Personal Information Protection Act, and shall obtain the consent of the relevant data subject when collecting personal information of the Member.
The PeriFlow Cloud Privacy Policy applies with respect to the protection of personal information, which shall be provided through a separate linked page or a pop-up window within the PeriFlow Cloud Services.
23. Confidentiality
Neither the Company nor the Member shall disclose to any third party any trade secret, personal information, credit information or IP Content (hereafter in this Article, “Confidential Information, etc.”) of the other party they have learned in the course of using the Services. However, the foregoing shall not apply where an administrative agency requests the disclosure of information based on other laws and regulations or discloses information in accordance with a court ruling.
If the Company or the Member provides or divulges Confidential Information, etc. of the other party to a third party without the prior consent of the data subject, the Company and the Member shall compensate the data subject for all damages caused thereby.
The Company and the Member shall promptly return to the other party or destroy and delete all documents, drawings, other documents, or electronic or optical recording media in which Confidential Information, etc. is entered or recorded, along with all copies, upon the termination of the Services (including cancellation, termination or expiration of the agreement term) or at the request of the other party.
If the Company or the Member fails or neglects to perform the obligations under this Article, the other party may refuse to perform such obligations under these Terms.
This Article shall remain in effect for three (3) years after the termination of the Service Agreement.
24. Promotion
The Company may promote the fact that the Member’s Organization has used the Services through means such as posting on the Company’s website or including it in promotional materials. The Member, including Organization Owner, agrees to such promotion activities by the Company.
The Member, including Organization Owner, agrees that the Company may use the name, corporate identity (CI), and other related details of the Organization to which the Member belongs for the promotional purposes in the preceding paragraph.
25. Jurisdiction and Applicable Law
Matters not provided for in these Terms and interpretation of these Terms shall be governed by the laws of the Republic of Korea and commercial practices.
Any disputes between the Company and the Member in relation with the Services shall be finally settled by an arbitration as below:
Arbitral Institution: The Korean Commercial Arbitration Board (KCAB).
Arbitral Rules: Arbitral rules determined by the Arbitral Institution.