Terms of Service

Last updated July 1, 2021

• These Terms of Service and End User License Agreement (the “Terms”) are an agreement between any entity or person who agrees to these Terms(“You”) and Cyram Inc.(“Cyram”, “our”, “we” or “us”). They govern your access and use of the websites, software products, and services that we operate and that link to these Terms (“Services”).
• By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service, and have read and understood our, whether or not you are a registered user of our Service. We reserve the right to modify these terms and will provide notice of these changes as described below.
• Please review these Terms carefully before using the Services. We may change the Terms or modify, suspend, or terminate any features of the Services at any time in our sole discretion consistent with applicable law. We will notify you (including by posting the updated Terms on the Services) of changes to these Terms. By continuing to use the Services, you accept such changes to the Terms, which will take effect at the time they are posted or as otherwise required by applicable law.

Use of the Services

• You may sign up for our website after reading and providing your consent to these Terms of Service. We complete the registration process by providing its approval and provides our service with a user account (“Account”). An account is a member authentication unit set up to manage the history of each user’s usage of various services once log in to our services. Your account might be rescinded and terminated if you breach any provision of the Terms.
• You represent that you are not a person barred from receiving the Services under applicable law. You also represent that you either are over the age of majority in your country or, consistent with applicable law. Children (as defined under 16) cannot register for an account and provide any personal information to us or others through the Services.
• Some of our Services require you to create an account with us. If you are not signed into your account, you might not be able to access some portions or features of the Services. When creating an account, you will provide only accurate and complete information, and promptly update this information. You will keep your username and password confidential and secure, and will not use the same password that you use for other websites or services.
• You will abide by all applicable export laws and regulations when using the Service. The Services, or any part thereof, may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or subject to EU or EU member state financial or other sanctions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
• By accepting these Terms you understand and agree that performance of these Terms and provision of the Services may require the transfer of the information that we collect from your country to other countries, which may not provide the same level of protection as the European Union/European Economic Area or your home country.

Suspension or modification of its Services

• While We are trying its best to provide its Services stably, 24 hours a day, all year around, We may have no other choice but to suspend its Services in part or in whole if there are any significant operational issues such as repair, inspection, replacement or disconnection of information communication facilities such as computers or servers. Meanwhile, if there is a significant need for service operation or improvement.
• We may change, modify or terminate Services in part or whole. If Services are changed, modified or terminated in whole or in part, We shall not make any separate compensation unless there is a special provision in applicable laws. In this case, if the event can be foreseen, We shall provide prior notification before a considerable period, and if the event cannot be foreseen, We shall provide an ex post facto notification and detailed explanation regarding the situation without delay. Also, if the services are suspended, We shall provide you reasonable and sufficient opportunities to back up your contents.

Software

You can download client software (“Software”) which may update automatically for some of our services. For using software, you need to agree to additional terms and conditions of the license agreement. You agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Open Source

Our service may include the use of components subject to third-party open-source licenses (“Open Source Software”). Open Source Software may be identified in a list of the Open Source Software provided to you upon written request. To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Terms of Service with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.

Beta Service

Occasionally, we provide beta service to help us test our service. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Product”). Beta Products may not be ready for prime time so they are made available “as is,” and any warranties or contractual commitments we make for other Services do not apply. Should Customer encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to iron out issues before making a new feature widely available.

Copyright

• The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Services are the trademarks, service marks or logos of their respective owners. You are granted no right or license for any of these trademarks, service marks, or logos without our prior written consent. We own and shall retain all right, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.
• Some content made available through the Services may contain watermarks and is controlled by other digital rights management technologies, which will restrict how you may access and use the Services. The Services may access and monitor your device (including without limitation the hard drive and other storage devices, central processing unit, random access memory, video card, and peripheral hardware, software and applications) for third-party programs or software that is prohibited under these Terms (“Unauthorized Third-Party Software”). If we detect any Unauthorized Third-Party Software, we may collect additional information, as described in including without limitation your account name, details about the Unauthorized Third-Party Software, and the time and date, and may use this information to enforce these Terms according to our privacy policy.
• We respect the intellectual property rights of others. If you have a good faith belief that your copyrighted work or other intellectual property has been infringed and is accessible through our Services, you may check the following information:
  1. - Identification of the copyrighted work or intellectual property, or a representative list of works or property claimed to have been infringed.
  2. - Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material.
  3. - Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary.
  4. - A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  5. - A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.
  6. - A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
• If the content is removed, the party that posted the content may receive a notice that it was removed because of claimed infringement. If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and they may be able to submit a counter-notification under applicable law. We terminate the privileges of users who repeatedly infringe intellectual property laws.
• Any ideas, suggestions, proposals, comments, feedback, or other submissions (including without limitation those that provide feedback on our Services or suggest new content, features, products, or similar ideas) (collectively, “Feedback”), regardless of whether you provide such Feedback in a public or private medium, will not be treated as confidential or proprietary. This means that if you provide Feedback to us, you are waiving all rights to it and are allowing it to be shared and used by us or others for any purpose, including without limitation using, sharing, and commercially exploiting the Feedback any way we see fit without any notice or compensation to you. We do not return or regularly acknowledge Feedback we receive and do not have any obligation related to your Feedback.

Collecting and protecting your personal information

• To provide more convenient services to users, we collect and use your personal information (such as IP address, email address and cookies) and logs of your activity only to the extent of purposes and scope agreed by you and safely manages such personal information according to applicable laws and regulations related to the protection of personal information. Our efforts or other details related to safely processing relevant personal information.
• If you do not have a log-in or access record for a certain period, we may destroy or separately store your information after providing prior notice through e-mail, notification within the Services or other appropriate electronic means, and if there is insufficient information necessary to provide the Services as a result, we may unavoidably terminate the relevant service agreement.

Terminating these Terms of Service

You may apply for termination of this Term of Service and withdraw from our service at any time, and in such case, we shall process such application according to applicable laws, etc. without delay. Upon termination of these Terms of Service, all data of you and your account will be deleted and become irrecoverable unless applicable laws and the privacy policy allow us to retain a certain user’s information. Contact at netminer@cyram.com

Disclaimer of warranties; Limitation of liability

• We make no representations about the suitability, reliability, availability, timeliness, accuracy, fitness, performance, or interoperability of the information, software, products, services and any content contained within the services for any purpose. Your use of the services is at your own risk. The services are provided “as is” without warranty of any kind. We hereby disclaim all warranties and conditions with regard to the services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non- infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
• You specifically agree that in no event will we, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers, or agents be liable for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the services, any interruption in the availability of the services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the services or the data collected through the services, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages or loss. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or other forms of damages, some or all of the above limitations may not apply to you. If you are dissatisfied with any portion of the services, or with any of the terms of the applicable agreements, your sole and exclusive remedy is to discontinue using the services.

Limitation of Liability

• We don’t exclude or limit our liability to you where it would be illegal to do so—this includes any liability for our or its affiliates’ fraud or fraudulent misrepresentation in providing the services. In countries where the following types of exclusions aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or the breach of our contract with you. This paragraph doesn’t affect consumer rights that can't be waived or limited by any contract or agreement.
• In countries where exclusions or limitations of liability are allowed, we, its affiliates, suppliers or distributors won’t be liable for: i. any indirect, special, incidental, punitive, exemplary, or consequential damages, or ii. any loss of use, data, business, or profits, regardless of legal theory. These exclusions or limitations will apply regardless of whether or not we or any of its affiliates have been warned of the possibility of such damages.
• If you use the services for any commercial, business, or re-sale purpose, we, its affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. we and its affiliates aren’t responsible for the conduct, whether online or offline, of any user of the services.

Code of Conduct

You will not use the Services in any manner that, in our sole discretion, is unlawful or could damage, disable, overburden, or impair the Services or interfere with our or any others’ use and enjoyment of the Services. Without limiting the generality of the foregoing, prohibited conduct includes the following, subject to applicable law:

1. - Using any hacks, cracks, bots, or third-party software that may modify, temporarily or permanently, the code or the user experience of the Services, whether locally on your device or servers, or using any application, software or technology that is not expressly authorized by us that enables cheating, power-leveling, or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology.
2. - Reverse engineering, deriving source code, modifying, decompiling, disassembling the Services or any portion thereof, or otherwise determining or attempting to determine any source code, algorithms, methods or techniques used or embodied in the Services.
3. - Impersonating any person or entity or otherwise misrepresenting your affiliation, identity, or the origin of materials you transmit or misrepresenting that your statements or actions are endorsed by us.
4. - Using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, or any content contained therein.
5. - Removing, altering, or concealing any copyright, trademark, patent or other proprietary notices, legends, symbols, or labels (including any watermark or other digital rights management technology or other information) contained on or within the Services.
6. - Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
7. - Hosting, providing, or developing matchmaking services for the Services without our prior written approval or creating, using, or maintaining any unauthorized connections to the Services.
8. - Intercepting, emulating, or redirecting the communication protocols used by us or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to software, use of a data mining utility program to intercept, collect, read or mine information generated by the Services, or in any way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access or use of the Services.
9. - Using or attempting to use any viruses, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Services or our systems or networks, including by engaging in, instigating, or facilitating any denial of service attack or similar conduct, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network.
10. - Distributing unauthorized materials or advertising or promoting goods or services without our permission (including, without limitation, by sending spam, promotional materials, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation).
11. - Selling, advertising, or posting information on hacks, private servers (including sources thereof)
12. - Abusing service exploiting a design flaw, undocumented problem, or program bug.
13. - Publishing, or sharing in any way, the personal information of other users, or any material, non-public information about companies without the authorization to do so.
14. - Engaging in any other conduct that, in our sole judgment, exposes us, any of our users, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security or attempts to disrupt or undermine the operation of the services may result in civil or criminal liability. we may investigate and work with law enforcement authorities to prosecute users who violate the terms. We may withhold, suspend, modify, or terminate your access to the services for any or no reason at any time without notice unless otherwise required by applicable law.

Miscellaneous

• Entire Agreement. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. Severability. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of the Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
• Assignment. This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of us. We may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than according to this Section shall be null and void.
• Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.

Controlling Law

Without regard to principles of conflicts of law, you agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence. To the fullest extent permitted by law, you agree that these Terms will be construed according to, and were entered into under, the laws of the country specified in the table below, based on which our entity provides the relevant Services. - Korea, Seoul Central District Court of Korea

1. - Korea, Seoul Central District Court of Korea

Modifications

• We may revise these Terms from time to time to better reflect:
  1. - changes to the law,
  2. - new regulatory requirements, or
  3. - mprovements or enhancements made to our Services.
• If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you of change by sending an email or posting the updated Terms of Service. These updated terms will be effective as soon as we notify you.