Skuber+ Terms of Service

Chapter 1: General Provisions

Article 1 (Purpose)

These Terms and Conditions aim to define the rights, obligations, and responsibilities of the company (hereinafter "Operator") and users in relation to the use of services provided by the Operator through a cloud platform and websites, and other related services.

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Article 2 (Definitions)

The definitions of terms used in these Terms are as follows:

“Cloud Computing” refers to an information processing system that enables the flexible use of integrated and shared information and communications resources—such as information and communications devices, facilities, and software—through an information and communications network, in accordance with changes in user demands or needs, as defined in Article 2, Paragraph 1 of the Cloud Computing Promotion and User Protection Act (hereinafter referred to as the “Cloud Computing Act”).
“Cloud Computing Service” refers to a service that provides information and communications resources to others for commercial use through the utilization of cloud computing, as defined in Article 2, Paragraph 3 of the Cloud Computing Promotion and User Protection Act (hereinafter referred to as the “Cloud Computing Act”).
“Provider” refers to a business entity that offers cloud computing services and ancillary services.
“User” refers to a corporation or sole proprietor who has entered into a cloud computing service agreement with a Provider and uses the cloud computing services and ancillary services.
“End User” refers to an employee or executive of the User’s company (whether a corporation or sole proprietorship) who accesses the cloud computing services.
“User Information” refers to the data stored by the User or End User on the Provider’s information and communications resources. This includes “information” as defined in Article 3, Paragraph 1 of the Framework Act on National Informatization, and, in the case of individuals, includes personal information and credit information. It encompasses the information owned or managed by the User in the course of using the service.
“Service Level Agreement” refers to an agreement between the Provider and the User in which the Provider commits to delivering services at a predefined level, as mutually agreed upon in advance.
“Skuber⁺” refers to the cloud-based SaaS (Software as a Service) solution provided by the Provider.
“Ancillary Services” refers to all additional paid or free services provided separately by the Provider, excluding Skuber⁺.
“Q&A Service” refers to the support service provided according to the inquiry procedures established by the Provider, in which the User can receive assistance when encountering issues while using the cloud computing service or when inquiring about how to use the service.
“Regular Business Hours” refers to the Provider’s standard weekday working hours, which are from 9:00 AM to 6:00 PM.
“Paddle” refers to the official payment agency for the Service, which is a third party responsible for handling procedures related to subscriptions, payments, and refunds.

Article 3 (Effectiveness and Amendment of Terms)

Matters not stipulated in these Terms of Service and the interpretation thereof shall be governed by the Cloud Computing Promotion and User Protection Act, the Personal Information Protection Act, the Use and Protection of Credit Information Act, the Act on the Regulation of Terms and Conditions, the Act on the Consumer Protection in Electronic Commerce, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and other relevant laws or established commercial practices.

Chapter 2: Conclusion of the Service Agreement

Article 4 (Application and Method of Use)

① A person who wishes to use the service (hereinafter referred to as the “User”) shall apply for the service through the Provider’s service website or via the Paddle payment system.  

② The User must provide the necessary information required for the provision of the service. The Provider shall inform the User of the purpose and scope of the required information in a manner that allows the User to review it.  

③ When applying as described in Paragraph 1, the User must provide their real name (or the actual business name, in the case of a corporation) and accurate information. If the User uses another person’s identity or provides false information, they shall not be entitled to exercise any rights under this agreement, and the Provider may cancel or terminate the agreement on that basis.

④ If a minor applies for the service, they must obtain consent from their legal guardian. The specific procedure for such consent may follow the method provided by the Provider.

Article 5 (Acceptance and Restriction of Service Applications)

① This Agreement is established when the User applies for the service through the Provider’s service website or completes payment via Paddle, and the Provider’s notice of acceptance reaches the User.

② The Provider may refuse to accept a service application in any of the following cases:

Article 4 (Application and Method of Use) If you apply for use in violation of Paragraph 3
The user hasn't paid for their subscription
You have breached a material term of your contract with the Provider.
The minor does not have consent from a legal representative or we cannot verify that consent has been obtained.
Using or stealing another person's credit card, landline or wireless phone, bank account, etc. without authorisation to pay for the Services.
‘If you apply for use for the purpose of committing an illegal act prohibited by the Act on Promotion of Information and Communications Network Utilisation and Information Protection, the Copyright Act, the Personal Information Protection Act, and other related laws and regulations.
If it falls under any of the other reasons listed in paragraphs 1 to 7, or if it is contrary to general commercial morality

③ If the User interferes with the normal operation of the service or falls under any of the following cases, the Provider may withhold acceptance or impose restrictions on service usage (including suspension) until the issue is resolved. The User shall bear all responsibility for any consequences arising from such actions.

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When the Provider’s facilities lack capacity or there are technical difficulties;
When there is a service failure or a malfunction in the payment system for service fees;
When there are other reasons comparable to Items 1 or 2 that make it difficult to accept the application.

④ Notwithstanding Paragraph 3 of this Article, if the User violates applicable laws or commits a serious breach of these Terms, the Provider may immediately take action such as restricting service use, and shall notify the User of such action without delay thereafter.

Chapter 3: Obligations of the Contracting Parties

Article 6 (Obligations of the Provider)

① The Provider shall comply with the Cloud Computing Promotion and User Protection Act and other applicable laws, and shall establish information protection standards as prescribed by the Minister of Science and ICT to ensure the User can use the service smoothly. The Provider must implement the necessary security systems to protect personal information (including credit information) so that Users can safely use cloud computing services, publicly disclose its privacy policy, and comply with it. In addition, the Provider shall continuously deliver a level of service equal to or higher than that specified in the Service Level Agreement (SLA).

② The Provider may conduct regular maintenance checks to ensure stable service delivery and must notify the User of such checks in advance.

③ In the event of a disruption that makes normal service provision difficult, the Provider shall promptly carry out repairs and restoration. If immediate resolution is not feasible, the Provider shall inform the User of the reason and the expected schedule.

④ The Provider must offer an appropriate level of security services and has an obligation to prevent personal data leaks and protect against infringement of rights by third parties.

Article 7 (Obligations of the User)

① The User shall not commit any acts that violate the Copyright Act or other applicable laws, nor engage in behavior that is contrary to good morals or public order while using the service.

② The User is responsible for managing their access credentials, such as email and password. The User shall be liable for any unauthorized use of their information or access by End Users resulting from the User’s failure to exercise due care.

③ The User must pay the service fees by the specified due date upon application, and must immediately update any information necessary for transactions, such as contact details or payment methods, if changes occur. If the registration information provided or updated by the User is inaccurate, or if the User commits any act in violation of the obligations set forth in Paragraph 5 of this Article, the Provider may terminate the service agreement or restrict/suspend the User’s access to the service in accordance with Article 5 of these Terms.

④ The User shall review all notices, guidelines, and instructions related to the service provided by the Provider and comply with all agreed matters, including the Service Level Agreement.

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Chapter 4 Using the Services

Article 8 (Provision and Modification of Services)

① The Provider shall deliver the services to the User in accordance with these Terms of Service, and the details and level of service performance shall follow the separately defined Service Level Agreement (SLA).

② If the Provider or the User wishes to change the content of the service or its level of performance, such changes must be agreed upon by both parties. However, if the change is unfavorable to the User and the change is material, the Provider must obtain the User’s consent.

③ To respond to inquiries or requests between the Provider and the User, both parties shall designate and notify each other of the responsible department and contact person, including their name and contact information.

Article 9 (Fees for use of the Service)

① Service fees are calculated based on monthly usage and are billed at the time specified by the Provider.

② Additional usage fees resulting from service expansion shall be billed by the Provider at the payment time agreed upon with the User, and the User shall make the payment unless they raise an objection.

③ Fee reductions or discounts for the service shall follow any clearly stated criteria, and for items without such criteria, the conditions, methods, and details may be determined through mutual agreement between the Provider and the User. The User may claim a fee reduction or compensation for damages if the service is suspended or disrupted without prior notice due to reasons attributable to the Provider.

④ All payments shall be made through Paddle, and the User must agree to Paddle’s Terms of Use and Privacy Policy accordingly.

⑤ If payment fails and the service fees remain unpaid for more than 30 days, the service may be automatically suspended.

Article 10 (Settlement and Return of Fees)

① The Provider shall refund the User in the event of overpayment or erroneous payment of service fees.

② If the User is unable to achieve the intended purpose of the service agreement due to reasons attributable to the Provider, compensation may be provided in accordance with the Service Level Agreement (SLA).

③ The User may file an objection to any billing errors within 14 days of the charge.

④ Due to the usage-based billing nature of the service, no refunds shall be provided for the remaining period after termination.

Article 11 (Discontinuation of Service Provision)

① The Supplier may suspend the provision of the Service in any of the following cases, and shall resume the provision of the Service without delay once the cause is resolved.

When it is unavoidably impossible to provide the service due to reasons such as system upgrades for service improvement, expansion, maintenance, inspection of facilities, or overall management and operation of infrastructure;
When necessary to respond to unforeseen service instability caused by incidents such as hacking, cyberattacks, or communication failures;
When normal service provision is impossible due to natural disasters, power outages, or malfunctions of service facilities.

② In the case of Item 1 of Paragraph 1, the Provider shall notify the User at least 7 days in advance of the suspension of service. However, in the cases of Items 2 and 3, the service may be suspended without prior notice, but the Provider must notify the User without delay after the suspension.

③ The notice under Paragraph 2 shall include the duration of the suspension, and if the suspension exceeds the notified period, the Provider shall be subject to the standards specified in the Service Level Agreement (SLA).

④ If the User is not responsible for the reasons stated in each item of Paragraph 1, the period of service use shall be extended by the duration of the suspension.

Chapter 5 Restricting and Terminating Use of the Services

Article 12 (Restrictions on Service Use)

The Supplier may restrict the use of the Service if the User or End User engages in electronic infringement resulting in data corruption, server suspension, etc. or other acts that significantly interfere or may significantly interfere with the Supplier's business performance or service to the Service in violation of the Regulations.

Article 13 (Termination and Cancellation by the User)

① The User may cancel this Agreement within three months from the date the service was first provided, or within thirty days from the date the User became aware or could reasonably have become aware of any of the following grounds:

If the service provided differs significantly from or is not delivered as agreed under this Agreement;
If defects in the service make normal use impossible or significantly difficult.

② The User may terminate this Agreement if any of the following circumstances apply.

If the Provider becomes unable to fulfill its contractual obligations during the provision of the service due to bankruptcy or other similar reasons, or if the fulfillment of such obligations becomes significantly difficult;
If the Provider fails to deliver the services as stipulated in the agreed service contract;
If there is any other serious reason that makes it impossible to maintain the contractual relationship.

③ If the User intends to terminate the Agreement pursuant to Paragraph 2 of this Article, the User shall notify the Provider of the reason at least seven (7) days in advance and provide an opportunity for the Provider to raise an objection. However, if such notice cannot be given due to reasons attributable to the Provider, prior notice and the opportunity to object may be waived.

Article 14 (Termination and Cancellation by the Provider)

① The Provider may cancel the Agreement if, after the contract is concluded but before the service is provided, the User becomes unable to fulfill contractual obligations due to bankruptcy or other similar reasons, or if fulfilling such obligations becomes significantly difficult.

② The Provider may terminate the Agreement if any of the following circumstances apply:

If the User violates any of the obligations set forth in Article 7 (Obligations of the User), and such violation falls under any of the following
a. If the User fails to resolve the cause of service suspension within two (2) months after the service has been suspended; b. If the User transfers contractual rights or obligations to a third party without the Provider’s consent;
b. If the User transfers contractual rights or obligations to a third party without the Provider’s consent;
If a User whose service use has been restricted under Article 12 (Restrictions on Service Use) fails to resolve the cause of the restriction within a reasonable period of time;
If the service is terminated due to the closure of the business;

③ If the Provider intends to terminate the Agreement pursuant to Paragraph 2, the Provider shall notify the User of the reason at least seven (7) days in advance and provide an opportunity for the User to raise an objection. However, if such notice cannot be given due to reasons attributable to the User, prior notice and the opportunity to object may be waived.

④ If the User causes damage to the Provider through willful misconduct or gross negligence, the Provider may terminate the Agreement without prior notice and shall notify the User of such termination without delay.

⑤ Termination of the Agreement pursuant to Subparagraph 3 of Paragraph 2 or pursuant to Paragraph 4 shall not affect the Provider’s right to claim damages from the User.⑥ When the Provider terminates the Agreement, it shall notify the User by email or by another equivalent means, including the following information:

Reasons for cancellation
Termination date

Article 15 (Return of User Data)

① The Provider shall return the User’s data in any of the following cases: when the contract with the User is terminated, when no renewal occurs within 15 days from the contract expiration date, or when the Provider unilaterally terminates the service agreement with the User.

② After returning the User data, or if the return is effectively impossible due to the User's refusal or lack of request, the Provider shall immediately delete the relevant User data.

③ If the cloud computing service provider is terminating its business operations, it shall notify the User of the termination and return the User data by the business termination date. Returned User data must not be retained by the cloud computing service provider thereafter.

④ Notwithstanding Paragraph 3, upon the User’s request, data used within the cloud computing service may be backed up and stored for up to three months from the termination date. However, in such cases, all stored data must be permanently deleted after the three-month period and shall not be recoverable for any reason thereafter.

Chapter 6: Protection of User Information

Article 16 (Protection and Management of User Information)

The Provider shall protect User information in accordance with applicable laws and regulations. The protection and use of User information shall be governed by relevant laws, as well as the separately notified User Information Handling Policy and Privacy Policy.

Article 17 (Processing of User Information)

When the service is terminated due to cancellation or termination of the contract, the Provider shall completely and irreversibly destroy the User information.

Article 18 (Retention of User Information)

If the service agreement with the User is terminated, not renewed within 15 days from the expiration date, or unilaterally terminated by the Provider, the Provider shall promptly destroy the User’s information. However, upon the User’s request, the Provider may retain the User’s information for the “Retention Period” specified in the “Retention Basis.”

Retention Basis: In accordance with the Personal Information Protection Act
Retention Items: User information such as email, password, name, etc.
Retention Period: User information shall be destroyed immediately after contract termination. However, upon the User’s request, the following retention periods may apply:
* Records related to the contract: 3 months
* Records related to user information: 3 months

Article 19 (Destruction of User Information)

At the User’s request, information may be retained for a specified period, after which all User information shall be completely destroyed and shall not be recoverable for any reason. The procedures and methods for destruction are as follows:

Destruction procedures
a. The Company will retain your information for three months upon your request and then destroy it in a non-retrievable manner.
Destruction methods
a. Information in electronic file format: In accordance with the Enforcement Decree of the Personal Information Protection Act, information in electronic format shall be permanently deleted using technical methods that make recovery impossible.
b. Other records, printed materials, documents, and storage media: These shall be completely destroyed by shredding or incineration.

Chapter 7: Compensation for Damages, etc.

Article 20 (Compensation for Damages)

① If the Provider causes damage to the User due to willful misconduct or negligence, such as service disruptions or failure to meet the quality or performance standards defined in the Service Level Agreement (SLA), the Provider shall compensate for such damages.

② If the User is unable to use the service in accordance with these Terms of Service, they may claim compensation from the Provider in the amount specified in the SLA.

③ Notwithstanding Paragraph 2, the Provider shall not be liable for any special damages arising from the inability to use the service.

④ If the User causes damage to the Provider due to willful misconduct or negligence, the User shall be liable for compensation.

⑤ Monthly availability is defined as the ratio of the total minutes of service disruption due to reasons attributable to the Provider to the total number of minutes the service is expected to be available during the month. Compensation shall be provided to the User according to the availability rate as follows: if the monthly availability is 99.5% or higher but less than 99.9%, 10% of the monthly fee will be compensated; if it is 99.0% or higher but less than 99.5%, 20% of the monthly fee will be compensated; and if it is less than 90.0%, 30% of the monthly fee will be compensated.

⑥ The use of free services or service disruptions caused by issues related to the cloud service provider are not subject to compensation.

Compensation Rate Table:

Monthly availability (%)	Reward rate (monthly fee)
99.5% or higher but less than 99.9%%	10%
99.0% or higher but less than 99.5%	20%
Less than 99.0%	30%

Article 21 (Disclaimer of Liability)

①The Company is not liable in cases such as:

When service maintenance is unavoidable due to any of the reasons listed in Article 11, Paragraph 1, and the Provider has given prior notice in accordance with the procedures set forth in Paragraph 2 of the same Article, provided that there is no willful misconduct or negligence on the part of the Provider.
When the service cannot be provided due to force majeure events such as natural disasters, war, civil unrest, riots, states of emergency, or technical defects that cannot be resolved with the current level of technology.
In the case of service interruption, disruption, or contract termination caused by the User's willful misconduct or negligence.
If the telecommunications service provider suspends or fails to properly provide telecommunication services, causing damage to the User, and there is no willful misconduct or negligence on the part of the Provider.
If additional issues arise due to the User's computer environment or network environment, where there is no willful misconduct or negligence on the part of the Provider.
If damage occurs to the User due to computer errors, inaccurate registration of personal information or email addresses, and there is no willful misconduct or negligence on the part of the Provider.

② The Provider shall not be held liable for the reliability, accuracy, or content of any information, materials, or facts posted or transmitted by the User or a third party within the service or on the service website, unless there is willful misconduct or negligence on the part of the Provider.

③ The Provider shall not be held liable for damages arising from intellectual property disputes between Users or between a User and a third party, unless there is willful misconduct or negligence on the part of the Provider.

④ The Provider shall not be held liable for damages arising from disputes between Users or between a User and a third party mediated by the service, provided that all of the following conditions are met:

If the Provider has not violated the provisions of the Cloud Computing Promotion and User Protection Act.
If the Provider proves that there was no willful misconduct or negligence on its part.
If the Provider has no authority or ability to control the infringing actions when another user or a third party infringes upon the User's rights.
If the Provider has the authority and ability to control the infringing actions of another user or a third party, but does not directly gain any monetary benefit from such infringement.
If the Provider, upon becoming aware of the infringement or the fact that the infringement is evident, immediately halts the infringing actions once it learns that another user or a third party is violating the User's rights.

Article 22 (Notice to Users)

① The Provider shall notify the User via the email previously designated by the User or by posting on the service access screen, if any of the following circumstances occur:

② The service provider shall notify the user without delay if any of the items in Paragraph 1 above occurs. However, the following cases are exceptions:

A security breach as defined in Article 2, Paragraph 7 of the Act on Promotion of Information and Communications Network Utilization and Information Protection;
The leakage of User information;
Suspension of cloud computing development and services for the period defined in Article 16 of the Enforcement Decree of the Cloud Computing Promotion and User Protection Act;
Termination of the service;
Any other matters that significantly affect the User’s use of the service.

② If any of the circumstances listed in Paragraph 1 of this Article occur, the Provider shall notify the User without delay. However, the following cases are exceptions:

If the service was suspended after providing a prior notice at least 7 days in advance;
If the service was changed or terminated after providing a notice at least 30 days in advance;
If the business was discontinued or terminated after providing a notice at least 30 days in advance.

③ If any of the reasons listed in Article 22, Paragraph 1, Subparagraphs 1 through 3 occur, the Provider shall notify the relevant User without delay of the following matters. However, if the cause of Subparagraph 2 is difficult to determine immediately, the Provider shall first notify the User of the other matters and, once the cause is confirmed, inform the User without delay.

The details and cause of the incident;
The Provider’s actions taken to prevent further damage;
Methods for the User to prevent or mitigate damage;
The responsible department and contact information.

Article 23 (Custody of User Information)

① The Provider and the User may, by mutual agreement, entrust User information to an institution with specialized personnel and facilities (hereinafter referred to as "Custodian").

② The User may request the Custodian to provide the User’s information when a cause specified in the agreement under Paragraph 1 arises.

Article 24 (Restrictions on Transfer, etc.)

The Provider and the User shall not transfer or provide all or part of their rights and obligations under these Terms of Service to a third party as collateral, without the prior consent of the other party.

Article 25 (Application for Dispute Resolution)

① The Provider shall offer customer support services to reflect the User's legitimate opinions or complaints and to address any damage caused.

② In the event of a dispute, the Provider shall take appropriate and prompt action by considering the User's legitimate opinions or complaints.

Article 26 (Jurisdiction of Courts)

① If a dispute between the Provider and the User is not resolved through the procedure specified in Article 24 of these Terms, both parties may file a lawsuit, and any litigation between the Provider and the User shall be governed by the laws of the Republic of Korea. 

② In the case of a lawsuit arising between the Provider and the User, the court specified by the Civil Procedure Act shall have jurisdiction. 

③ If one party is a foreign business entity, the courts of the Republic of Korea shall have international jurisdiction.