Terms of Use

Article 1. Purpose of these Terms and Conditions

The purpose of these Terms and Conditions is to explain the rights and responsibilities of the users in connection with the use of the big data analysis software and platform provided by Cyram Inc. (hereinafter, “company”) and the NetMiner website (hereinafter, “service”), and to specify the basic matters regarding the conditions and procedures of between the company and the users.

Article 2. Definitions

①   The terms used hereunder are defined as follows.

1. Use agreement: A contract executed by and between the company and the user in connection with the use of service provided by the company.

2. User: A person who can use the company's services by acquiring an account after applying for membership and signing a use agreement according to the procedures provided by the company.

3. Account: An ID that is a combination of letters and numbers entered at the time of sign-up application for user identification and the use of the service.

4. Password: A combination of letters, special characters, numbers, etc. entered to confirm that one is the user when applying for membership.

5. Withdrawal: When the user terminates the use agreement.

6. NetMiner website: A website on which users can check and purchase information on the company's goods (big data analysis software, etc.) and services.

②   The definitions of terms other than those provided under Paragraph 1 above will be governed by relevant laws and regulations and guidance for each service.

Any matters not provided under the relevant laws and regulations and guidance for each service must be governed by general commercial customs and practices.

Article 3. Service Use Agreement

①   A person who seeks to use the service provided by the company agrees to the contents of these Terms and Conditions, then submits an application to use the service according to the form and procedure presented by the company, and when the company approves of the contents of the application, a use agreement is executed by and between the company and the user.

②   When the use agreement is executed, the company performs various management tasks for the user via the account, and the user can use the service according to these Terms and Conditions, operating policies, and the rules set by the company. That is, the user is entitled to use the service provided by the company within the scope of each service provided by the company for a certain period of time, and cannot use it in a manner other than that specified by the company.

③   The contents of the service provided by the company via cooperation with other companies and brokerage contracts, obligations of third parties, rights and obligations of the users, etc. are governed in accordance with the separate terms and conditions and operating policy, etc. When the user uses the relevant service, a consent for the Terms and Conditions on the Use of Service provided by a third party may be required.

Article 4. Restrictions on the Acceptance of Applications for Use

①   The company in principle will accept applications to use the service if there is no business or technical problem with the user's application. However, the company may not accept applications that fall under any of the following:

1. Where there is a violation of the user's responsibility

2. Where a re-application for user registration is made within 1 year after the user’s withdrawal

3. Where an application for use is for the purpose of committing acts prohibited by law

4. Other cases where it is recognized that there is a risk of inappropriate behavior by the user

②   Where any of the following applies, the company may defer approval until the cause is resolved.

1. Insufficient capacity in the company's facilities

2. There is a technical obstacle that prevents the service from being processed

3. The user registration process presented by the company has not been completed

4. It is otherwise recognized that there is a risk of inappropriate behavior by the user

Article 5. Services Provided

①   The company provides the following services to its users.

1. Data analysis service (platform and software)

2. Services developed by other companies or provided to the users via cooperation agreements with other companies

3. E-commerce services

②   The contents of each service and affiliated service of Paragraph 1 may be changed, and in such case, the company will notify the users via the website, the website for each service, and any affiliated service website.

③   The company makes reasonable efforts to provide an uninterrupted service. However, in any of the following circumstances, we may decide to discontinue the service for a certain period of time. In such event, the company will strive to provide a prior or post notification to the user.

1. A service suspension is necessary for maintenance, replacement, regular inspection or service modification of the information and communication facilities such as computer

2. A service suspension is necessary to respond to an electronic infringement such as hacking, communication incident, abnormal usage behavior, and unexpected service instability

3. Normal service cannot be provided due to natural disasters, emergencies, power outages, failure of service facilities, or excessive use of service

4. There is a significant management need for the company, such as company division, merger, transfer of business, closure of business, deterioration of revenue of the service, loss of service authority, etc.

④   The company may discontinue any and all services due to technical and operational needs, and may discontinue the provision of services by notifying users of such on the website 30 days in advance. If advance notification is impossible due to unavoidable circumstances, notification may be provided after the fact.

⑤   The company is not responsible for any and all damages incurred by the users in connection with the free use of service provided by the company, in any manner whatsoever. However, damages caused by intentional or gross negligence by the company are excluded.

Article 6. Software

①   The users may download the client software (hereinafter, ‘software’) which is automatically updated during the use of some of the services. Users may acquire a limited, non-exclusive, and a non-transferable license through a separate software use agreement.

②   So long as the components of the software are provided under an open-source license, the company allows the users to use the license, and the terms of that license may explicitly take precedence over some of the provisions of these Terms and Conditions. The users also agree not to reverse-engineer or decompile the services, attempt to do so, or cooperate in such acts.

Article 7. Beta Service

①   The company may give customers the option to use products and functions undergoing tests and evaluations. These products and functions may be called "alpha," "beta," "preview," "early access" or "evaluation" (or similar words or phrases) versions, and may be less stable than the full service. Beta Service is intended to collect the users’ feedback, and hence, by using a Beta Service, you agree that we may contact you to collect such feedback.

②   During the Beta Service period, the company may take measures such as change, modification, addition, or deletion of the service to achieve service stability and testing purposes, and the company does not have any obligation to restore such products. Furthermore, after the Beta Service ends, the company may delete all or some of the data provided by the users during the Beta Service period, and the rights to use the service, etc.

Article 8. Purchase Application

①   Users of the NetMiner website apply for purchase on the NetMiner website based on the following or similar methods, and the company must provide the following items in an easy-to-understand manner when the users apply for purchase on the NetMiner website. However, the ‘company’ may not apply Subparagraphs 2 through 4.

1. Search and selection of goods or services

2. Entry of name, phone number, and email address, etc.

3. Confirmation of the Terms and Conditions and the contents related to cost burden of services for which the right to withdraw subscription is limited, etc.

4. An indication (i.e., mouse click) that you agree to these Terms and Conditions and the Terms and Conditions above

5. Selection of the payment method

6. Execution of contract

②   The company will accept the user's purchase application, except under the following circumstances.

1. There is falsehood, omission, or typo in the application

2. It is determined that accepting additional purchase applications is significantly impeded by the company's technology

③   When the company's acceptance reaches the user in the form of a notice of receipt confirmation, the individual purchase contract is deemed to have been executed.

④   The company's declaration of intention to accept must include information on the user's purchase application, whether it can be sold, correction and cancellation of the purchase application, etc.

Article 9. Payment Method

①   Goods or services purchased on the NetMiner website can be paid for using any of the following methods. However, the company cannot collect any commission by adding any form of payment to the price of goods, etc. for the user's payment method.

1. Account transfer

2. Credit card payment

3. Other payment methods mutually agreed upon by and between the company and the user (online deposit without a bank passbook, etc.)

②   The payment methods available on the ‘NetMiner’ website are selected and provided by the ‘company’ according to the goods or services purchased.

③   The company can provide a payment system to ensure that users can pay for the goods or services purchased on the NetMiner website by linking the service with the payment system of an external payment agency. However, if the user suffers any damages due to reasons not imputable to the company, such as a system failure of the payment agency, the company will be exempted from any liabilities.

Article 10. Notice of Receipt Confirmation, and Change and Cancellation of Purchase Application

①   The company issues a notice of receipt confirmation if and where there is a purchase application from a user.

②   A user who has received the notice of receipt confirmation may request the change or cancellation of the purchase application immediately after receiving the notice of receipt confirmation if there is any disagreement in the expression of intention, etc.

③   If change or cancellation is requested by the user, the company must process it accordingly without any delay. However, if the payment has already been made, the provisions of Article 11. Subscription Withdrawal must be complied with.

Article 11. Subscription Withdrawal

①   Users who have executed a contract with the company for the purchase of goods, etc. may withdraw from the contract within 7 days from the date of receipt of the notice of receipt confirmation without specifying the reason if there is no history of use (as per Article 17 of the Act on the Consumer Protection in Electronic Commerce). However, for software products and services, you agree that the service or product is provided immediately upon purchase; that is, when the product is available for download or when the service is initiated.

②   The history of use begins when the user registers or installs a license key on an equipment or device.

③   If 7 days have elapsed since the date of notice of receipt confirmation, or if there is a history of use even within 7 days, it is impossible to withdraw or cancel the subscription in the interim.

④   Partial refunds due to a service specification change (downgrade) will not be given.

⑤   If products are purchased in a bundle, you must return all products purchased for a refund.

⑥   If the company notifies the user in advance of restrictions on the withdrawal from subscription for specific goods, etc., withdrawal or exchange of subscription cannot be executed.

⑦   Notwithstanding the provisions of Paragraphs 1 through 6, if the contents of the goods, etc. are different from the displayed or advertised contents or the contents of the contract are fulfilled differently, the user can withdraw his or her subscription within 30 days from the date on which the user learned such fact or could have learned such fact or within 3 months from the date of supply of the goods, etc..

Article 12. Effects of Subscription Withdrawal, Etc.

①   The company refunds goods already paid for within 1 to 10 business days depending on the payment method when the goods, etc., are returned by and from the user.

②   In refunding the payment above, if the user paid for goods, etc. with a payment method such as a credit card, the company must request the business operator who provided the payment method to discontinue or cancel the claim for goods, etc. without any delay.

③   In the event of a subscription withdrawal, etc., the cost required to return the goods supplied must be borne by the user. The company will not claim for a penalty or compensation for damages against the user for the reasons such as withdrawal of subscription. However, in the event the user withdraws from subscription because the content of goods, etc. are different from the displayed or advertised content or the terms of the contract are not fulfilled, the company must bear the cost required to return the goods, etc.

④   In the event of a cancellation due to the user's simple change of mind, the user is responsible for the handling fee and other expenses incurred in processing the refund.

⑤   Other matters regarding cancellations and refunds that are not provided under these Terms and Conditions and the site usage guide shall be governed by the provisions of the Consumer Dispute Resolution Standards.

Article 13. Service Fee

①   The paid services that the users can apply to purchase on the NetMiner website consist of various plans. Users can pay to use paid services according to the NetMiner website [Pricing].

②   Depending on the company's sales policy, the company's service usage fee and terms of use may be changed or sales may be discontinued. In such event, the company will notify the users of the changes in an appropriate manner.

Article 14. Temporary Suspension of Service

①   The company does not provide management functions such as ‘temporary discontinuation’– e.g., temporarily discontinuing the collection of fees, or discontinuing or extending the use of service period, while maintaining the service use agreement.

Article 15. Provision and Collection of Information

①   The company may request and collect the personal information necessary to fulfill the service contracts. The protection and use of the users' personal information is governed by the related laws and regulations and the company’s "Personal Information Processing Policy."

②   The company may collect and monitor ‘cookies,’ error logs, and records on the use of the service, and access the logs that store and retrieve usage information from time to time to stabilize the services, address errors, and check for infection with malicious code.

③   The company may request additional information on the user for the purpose of improving the service and introducing additional services, and the user may agree to or refuse such request.

Article 16. Reversion of Copyrights, Etc.

①   When using the service, the user provides the company with materials such as files, contents, messages, and contacts (“the users’ data”). The user's data is owned by the user and is protected under the applicable laws such as copyrights and trademark rights, and the company is not granted any rights to the user's data except for the limited rights necessary for the company to provide the service. However, the company may relocate or delete posts without providing a prior notice in line with management or policy needs.

②   All ownerships, including intellectual property rights, of all of the services provided by the company shall revert to the company, and the users of the services are entitled to use them only within the scope of the services provided by the company. That is, users are entitled to use the services provided by the company within the scope of each service provided by the company for a certain period of time, and cannot use them in a manner other than the method specified by the company.

③   Any and all losses or problems caused by posts made by users are the sole responsibility of the individual users, and the company is not liable for any of them. If the company receives an objection, such as a claim for damages, from another person on the grounds that a user’s data infringes upon the rights of others, the user who has created the post must actively cooperate in indemnifying the company, and if the company is not indemnified, the user must be held liable for any problems arising therefrom.

④   Users must not use any copyrighted works or other information for which the intellectual property rights have been reverted to the company or a third party for commercial purposes, or allow any others to use them by copying, transmitting, publishing, distributing, broadcasting or other methods without securing prior consent from the company or third party.

⑤   No information or materials provided by users to the company shall be deemed as confidential. It may be exposed to the services and related promotions, etc., and may be partially modified, reproduced, or edited within the scope necessary for such exposure. The users also agree that the company may use any ideas, concepts, know-how or technology sent by the users, free of charge, for any purposes. In such event, the company must comply with the contents of the Copyright Act, and the user may request the deletion, exclusion from search results, or privacy of the post at any time via the customer center. This is valid while the company operates the services and continues to apply even after the user withdraws. Personal information provided by users is processed in accordance with the Personal Information Processing Policy. For details, please refer to the “Personal Information Processing Policy.”

⑥   If a user’s data is faced with an objection raised by a third party due to any issue of copyright, etc., and it corresponds to any reason for prohibition under the relevant laws and regulations or if there should be any equivalent cause or reason, the company may delete or refuse the registration itself without providing a prior notice. Matters such as the discontinuation of posting due to copyrights and rights infringement are subject to the Copyright Act and related laws and regulations.

Article 17. Restrictions on the Use of the Service and the Termination of the Contract

①   A user may request withdrawal due to the user's circumstances. Upon withdrawal, the user’s data will be deleted and the personal information may be stored in accordance with the relevant laws and regulations.

②   If the user desires to withdraw, he or she can apply to withdraw via the email below or the service website (limited to cases where the company allows cancellation via the website separately), and follow the procedure to be guided by the company afterwards.

Customer center: netminer@cyram.com

③   The company may limit the use of the service, terminate the use agreement, or delete the user's data if the user violates his or her responsibility.

④   The user may file an objection to any of the above measures according to the procedure provided by the company.

⑤   When the user’s withdrawal is complete, user registration may not be possible within a certain period of time after withdrawal.

Article 18. Obligations of the company

①   The company will not commit any act against the laws and these Terms and Conditions or against public order and morals, and endeavors to provide continuous and stable services.

②   The company develops a security system to protect its users' personal information, and discloses and complies with its Personal Information Processing Policy.

③   The company does not disclose or distribute users' personal information to any third parties without their consent. However, exceptions apply where there is a request from a relevant government agency in accordance with the relevant laws and regulations, such as the laws related to telecommunications.

④   The company endeavors to protect users’ data provided by the users.

⑤   The company endeavors to process any opinions or complaints raised by the users as promptly as possible if they are recognized as legitimate. When such processing is delayed, the user may be notified of the reason and processing schedule at the phone or email they entered.

Article 19. Protection and Use of the Personal Information

①   The company endeavors to protect its users' personal information, including the user registration information, in accordance with the relevant laws and regulations.

Concerning the protection and use of the users' personal information, the related laws and regulations and the company’s Personal Information Processing Policy apply.

However, the company's Personal Information Processing Policy does not apply to linked sites other than the company's official website.

②   The company does not take any responsibility for the exposure of any information, including the user's account information, that occurs due to reasons imputable to the user.

Article 20. Limited Warranty

①   To the maximum extent permitted by law, the company provides the service “as is” without any kind of express or implied warranty for a specific purpose, and does not provide any guarantee for the specific purposes of the users who use this service.

②   This website or service may contain technical inaccuracies or typographical errors, and we do not guarantee the accuracy of the information posted, and are not liable for any damages resulting from its use.

③   This website may provide links or references to third party websites and resources. This website makes no representations, warranties or other promises in relation to third party websites or resources. When accessing third-party websites, you must understand that they are not affiliated with the company and that the company does not control any of such.

④   If any judicial decision-making authority finds that a particular provision of these Terms and Conditions is unenforceable, and that the unenforceable provision does not affect the rights of the company specified hereunder, the validity of the remaining provisions of these Terms and Conditions shall remain unaffected.

Article 21. Disclaimer

①   The company is exempted from liability if it is unable to provide services due to natural disasters or equivalent force majeure events.

②   The company is not liable for any discontinuation of service or impediment to its use due to any reasons imputable to the user, or termination of the contract.

③   The company is exempted from liability for any damages caused by the telecommunications service provider's discontinuation of telecommunications service or failure to provide it normally, unless there is any intentional or gross negligence by the company.

④   The service provided by the company may render various results depending on the user's individual actions, and as such, the company does not take responsibility for any problems arising from the user's choices.

⑤   The company is not liable for any problems caused by the user's computer environment or network environment for which the company is not imputable.

⑥   The company shall not be held liable for any damages caused by the user's incorrect entry of personal information and email address, or failure to provide the same.

⑦   The company is not liable for any and all direct, indirect, and consequential damages (data loss, revenue loss, business loss, business interruption, or business opportunity) arising from the use of the website's resources, software, and services, etc., to the maximum extent permitted by applicable law.

Article 22. Responsibilities of the User

①   The users must comply with the relevant laws and regulations and the provisions of these Terms and Conditions, as well as the matters notified by the company, etc., and must not engage in any acts that interfere with the business of the company. Furthermore, they must not violate other public order and morals, nor engage in any illegal or unreasonable acts or acts that violate related laws and regulations.

②   When applying for the user registration, users must provide all information based on facts, and if any false information is registered, no rights can be claimed.

③   Users must take the utmost care not to expose their accounts and passwords. Users are solely liable for any damages and consequences caused by any exposure of their accounts and passwords due to the users’ negligence.

④   Users must be at least 16 years old (or the age of consent in the relevant country). If a user violates this requirement, the company may terminate the Service Use Agreement, and will not be liable for any damages caused thereby.

⑤   Users must not infringe any other rights, such as the intellectual property rights of the company, the intellectual property rights of third parties, and portrait rights.

⑥   Users must not misuse any bugs in the service.

⑦   Users must not change the information posted on the service.

⑧   Users must not transmit, post, disseminate, or use data that includes software viruses, other computer codes, files, and programs designed for the purpose of interfering with or destroying the normal operation of information (computer programs) or computer software, hardware, and telecommunications equipment, or data whose transmission or posting is otherwise prohibited by relevant laws and regulations.

Article 23. Waiver of Rights, Severability Provisions and Assignment

①   Failure by the company to enforce any provision specified herein does not waive its right to enforce that provision at a later point in time. If any provision is found to be unenforceable, the remainder of these Terms and Conditions will remain in effect, and will be replaced by the enforceable terms and conditions that best reflect the intent of the company.

②   The user cannot transfer any user interest or right to these Terms and Conditions, and any attempt to do so will be considered null and void.

③   The company may transfer the rights to all commercial interests related to this service to any successor.

Article 24. Effectiveness, Application and Change of the Terms and Conditions

①   The company notifies the users of the contents of these Terms and Conditions by posting them on the website operated by the company or by providing a connection screen to ensure that the users can be knowledgeable about them.

②   The user who agrees to these Terms and Conditions and subscribes is subject to the Terms and Conditions agreed upon from the point in time he or she agreed to the Terms and Conditions, and if there is a change in the Terms and Conditions, the changed Terms and Conditions will become effective from the point in time the change takes effect. By agreeing to these Terms and Conditions, you agree to regularly visit the website to check for changes to the Terms and Conditions.

③   The company may change these Terms and Conditions if it deems such change to be necessary. When the Terms and Conditions are changed, the company determines the contents and effective date of the changed Terms and Conditions and announces them online on the website 7 days prior to the effective date. However, if the contents of the Terms and Conditions are changed in a manner that is unfavorable to the users, the users will be notified by posting the change online on the website 30 days before the effective date or by sending it to the email registered by the users on signing up. The changed Terms and Conditions will take effect from the date of announcement or notification.

④   The users are entitled to reject the changed Terms and Conditions. Users who object to any changes in these Terms and Conditions may discontinue the use of the service and withdraw from membership.

If a user continues to use the service after the effective date of the changed Terms and Conditions of Use, he or she will be deemed as having agreed to the changed Terms and Conditions.

Article 25. Governing Law

①   If there is a disagreement or dispute between the company and the user in connection with the use of the service, an attempt should be made to resolve it in an amicable manner by agreement.

②   If the dispute of Paragraph 1 is not resolved amicably and a lawsuit is filed, the court must be the competent court having jurisdiction in accordance with the procedures provided under the relevant laws and regulations.

③   The laws of the Republic of Korea apply to any lawsuits filed by and between the company and the users.

Article 26. Complete Agreement

①   These Terms and Conditions of Use are established under a complete agreement by and between the user and the company related to the purposes of the Terms and Conditions of Use, and take precedence over all other agreements made or Terms and Conditions of Use of the previous or same period corresponding to the purposes of these Terms and Conditions of Use, and replace them. These Terms and Conditions of Use do not confer any beneficiary rights on any third parties whatsoever.

Date of Announcement: 4 30, 2024

Date of Effectiveness: 4 30, 2024