Terms of Services

Summary

These Terms of Service (hereinafter the “Terms”) govern the Customer’s (hereinafter the “Customer”) access to and use of the website and products provided by Lambda256(hereinafter the “Company”). This Term is a contract between the Company and the Customer or the corporate entity that the Customer represents and must be carefully read before using the website or Services.

When using the Service, the Customer agrees and accepts (1) Term, with annex, rules, and requirements that the Company may deliver from time to time, and (2) the collection and use of personal information as described in the Privacy Policy, by clicking a button or checkbox to agree or accept this Term. If the Customer does not agree or fails to Comply with all obligations accepted under this Term, Customer may not grant access or use the Service.

The Customer represents that they have the legal capacity to enter into contracts to agree to these Terms and that if they enter into this Term on behalf of a corporate entity they represent, they have the legal authority to bind that entity. Definitions of certain terms used in these Terms are provided in sections 1-2(Definitions).

Last updated: 2023. 04. 12

1. Conditions

1-1 Purpose

The purpose of this Term is to specify the rights and obligations of Customer who access or use the Company’s website (http://www.luniverse.io) or use its Service.

1-2 Definitions

① “Service” refers to the blockchain cloud Computing service (“Service”) that provides Customer with access to blockchain infrastructure services and blockchain IT solutions that can freely access and use on their devices. The Service is composed of individual services (“Individual Services”).

② “Customer” refers to an individual person, corporation, or public institution, and the like that access the Service of the Company, sign up for a contract for usage with the Company according to the Terms, and use the Service provided by the Company.

③ “ID” refers to the Combination of letters and numbers or a Customer’s email address which a Customer decides and the Company approves for the identification of the Customer and use of the Service.

④ “Password” refers to the Combination of letters or numbers which are set by the Customer to confirm that the Customer is the owner of the ID set by the Customer and protect his/her privacy.

⑤ “Credit” refers to a payment method that the Customer can use for a particular product that the Company promotes with certain conditions.

⑥ “Customer Information” refers to information (including personal and credit information) that the Customer owns or manages and stores in the Company’s Service.

⑦ “Business day” refers to a business operation day when banks in South Korea are open for business.

⑧ “Service period” refers to the period during which the Customer’s purchase of the Service (including Free Service) becomes effective and remains valid until the termination of the Service.

⑨ “Billing period” refers to the period for billing Service usage fees. It is typically from the 1st to the last day of the month, during which the Customer is charged for the Services or products used.

1-3 Posting and Amendment of Terms and Conditions

① The terms and conditions can be found on the Company’s Service website (http://www.luniverse.io). In order to access or use the company’s Service website, Customers must agree to the terms and conditions.

② The Company can revise the Terms to the extent that such revision does not violate relevant laws such as the “Act on the Regulation of Terms and Conditions,” “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”, and the “Act on the Development of Cloud Computing and Protection of its Users.”

③ The Company can revise the Terms through a reasonable method such as publishing the revised Terms on its Service website. In this case, the Company specifies the effective date and posting details at least 7 days prior to when the revised Terms become effective and notifies Customers through its Service website. However, if the amendment adversely applies to the rights and obligations of the Customer, the Company notifies the Customer about the amendment at least 30 days prior to the effective date as set forth in 7.(Notify).

④ If the Customer does not clearly refuse the amendment within 30 days after receiving announcements or notifications of the revised Terms from the Company as specified in the preceding paragraph while the Company also notifies the Customer that non-response to the amendment within 30 days would be regarded as agreement, then it is regarded that the Customer has agreed to the revised Terms.

⑤ The Company or a Customer can terminate the contract of use if the Customer does not agree to the application of the revised Terms. In this case, the Company informs the Customer of the reasons for termination, the date of termination, and the cost of refund in written form, email or any equivalent method.

⑥ In case of termination, the Company shall notify the expiration or termination of the Service at least 60 days prior to the termination date.

1-4 Matters not stated in the Terms

① Any case not stated in this Terms is Subject to governing law, rules, commercial practice, and the Individual Service operational policies and procedures (if applicable) of the Service website. To elaborate on the policies to prevent misinterpretation, it is possible that the Company executes separate operational policies and procedures in regards to each Individual Service.

② The Company can devise separate terms for Individual Services by deciding terms applicable to them. If the individual terms do not match the Terms, the individual terms prevail over the Terms when there are no specific rules on the differences.

③ If there are no rules specified in the individual terms, the Terms are applied.

2. Obligations

2-1 Obligations of the Company

① The Company commits its effort to provide the Service requested by its Customer in a stable and sustainable manner.

② If a failure interferes with the normal operation of the Service, the Company does its best to fix issues or restore operation as quickly as it can and manage the service in a stable manner.

③ The Company fairly responds to issues or Complaints raised by the Customer promptly or within a reasonable period while complying with the procedures set by the Company.

④ To operate the Service smoothly, the Company can collect and store personal information of its Customer in accordance with the privacy policy posted on its Service website. The Company does not provide personal information of its Customer to any third party without the Customer’s consent. However, there can be exceptions when the court or other judicial authorities request the Customer’s personal information via a warrant for the purpose of investigation in accordance with related law and rules.

⑤ The Company does not access or process the Customer’s information related to the Service for purposes other than those specified in the Terms. However, the Company can access and identify the Customer’s information if needed to provide the Service seamlessly, including resolving failures or privacy protection.

⑥ The Company obtains the Customer’s consent when it is necessary to process, delete, or modify Customer’s information for smooth operation of Service. However, if the Customer does not provide consent or if consent is not obtained, but the Service operation of the Company or other Customers’ Service usage is disrupted, the Company may suspend the Customer’s Service usage. In this case, the Company follows the procedures set forth in 5-5.

2-2 Obligations of the Customer

① The Customer must pay the Service fee on or before the specified due date of the payment set forth in the Service contract.

② The Customer must not interfere with the Service operation or other Customers’ use of the Service.

③ The Customer must not use the site or bulletin board of the Service for the purpose of distributing, posting or providing links to information that is obscene, illegal, harmful or related to illegal gambling, and any unlawful act specified by the law is prohibited. In addition, the Customer bears all responsibility for the ownership and management of the Customer’s information such as the service and information that the Customer manages while using the Service.

④ For processing, managing, using or accessing personal information of a third party during use of the Service, the Customer must Comply with the related laws and rules to manage and protect the personal information. The Company shall not be liable for any consequences, loss or damage including, but not limited to, leakage of information a third party, caused by the Customer’s failure to fulfill his/her obligations.

⑤ The Customer must regularly perform security updates for system operation to protect the server the Customer operates via the Service from intruders. The Company is not liable for any security incidents unless there is a separate agreement for the system security Service between the Customer and Company. The Company can perform security control work to maintain security of the use of the Service. For this purpose, the Company may access and read the contents of a Customer’s information, notify the Customer of the detected issues, and ask the Customer to implement measures to enhance security. The Customer must respond to the Company’s request for enhancing security.

⑥ The Customer is responsible for copyright issues in a server that is operated through the Service and must retain or acquire all required licenses of software programs which are used in the Customer’s server operated via the Service.

⑦ The Company is not liable for damage that the Customer causes to other Customers or a third party by distributing or sending illegal software or spam via the Service. The Customer must indemnify the Company and ensure that the Company is not harmed by any obligations, losses, remediation, or lawsuits filed against it.

⑧ The Customer must not post or transfer data including software virus that can hinder the stable operation of the Service, other computer codes, files or programs or destroy them.

⑨ The Customer is obliged to fully understand and comply with all the governing laws, Terms, and guidelines and precautions specified on the Service website and instructions provided by the Company. The Customer must not perform any activity which interferes with the works of the Company.

⑩ The Customer is obliged to back up and store the data generated while using the Service and is liable for any loss caused by the negligence in data management. However, for Customers who apply for and use an additional backup service provided by the Company, the Company takes responsibility for its negligence in data management to the extent that is specified in the provision for the backup Service.

⑪ The Customer may not resell or lease the Service to a third party without the Company’s consent.

⑫ If a customer violates their obligations under these Terms, the Company may request the Customer to suspend the use of the Service, update account credentials, or take other necessary measures via email. If the Customer fails to take actions within a 24-hour period, the Company may temporarily suspend the Customer’s use of the Service, and if the Customer fails to take the necessary actions within 10 days, the Company may terminate the Customer’s use of the Service.

3. Free Services

The Company may provide free Services to Customers. However, there may be restrictions or additional conditions to use Free Services. The Company provides all free Services “as is” and “available” without any kind of guarantee. The Company may discontinue free Services if there are special circumstances, and in such cases, the Company shall notify Customers in advance. The Company shall not be responsible for any damages caused by the discontinuation of Free Services.

4. Fee and Management

4-1 Service Fee

① The Company posts details about Service fees and changes on the Service website.

② Service fee will be charged as described on the site or on Customer billing or invoices.

③ Even if the Service fee is changed during the term of the Service Contract, the changed fee does not apply retroactively throughout the term of the Service Contract except for reasons specified otherwise.

④ Customers must pay all Service fees and provide accurate information about themselves or their representatives.

⑤ Service fees may be calculated by aggregating fees for third-party Services that provide specific functions related to the Company and its Services.

⑥ Customers must pay with USD or currencies listed on the notice provided by the Company.

⑦ The Company shall issue “credits” for its Customer, which can be used in the Service. The details of “credits” such as the conditions of use and other operation policies of “credits” are posted on the Service website.

Ⓐ Credits can only be used by the Customers to whom they are granted, can only be used for Services provided by the Company, and cannot be provided solely by third parties without the Company’s approval. The Company may charge the corresponding fee if a Customer uses a service that is not covered by credits or uses more than the amount granted by credits.

Ⓑ Credits can only be used within their expiration date and cannot be carried over after the expiration date.

Ⓒ If a Customer has multiple credits, the credit with the earliest expiration date will be applied first.

Ⓓ For Customers who receive discounts through promotions, credits will be applied first, followed by additional discounts.

Ⓔ The Company has the rights to cancel credits at any time, and expired or canceled credits will not be refunded.

Ⓕ If a Customer violates the Company’s Terms and Conditions, the credits granted may be revoked.

Ⓖ Customers may not sell credits granted to them for cash or any other equivalent compensation. In such cases, the granted credits will be revoked, and the Customer may be held liable for legal consequences.

Ⓗ Credits are used immediately upon registration, and used credits cannot be canceled.

4-2 Service Fee Calculation

① The Service fee is calculated and charged on a monthly basis for the use from 00:00 of the first day of the month to 23:59 of the last day of the month by the coordinated universal time (UTC+9).

② If the Customer starts to use the Service in the middle of the month, the Service fee of the month is calculated and charged for the period from the first day of use to the last day of the month.

4-3 Service Fee Payment and Billing

① When a Customer purchases a paid plan, the Company will charge bill the Customer for the fee and taxes (“Tax”). The monthly amount is determined based on the paid plan, and the Customer is required t pay it.

② Customers must pay the fees and taxes for the paid plan immediately upon purchase.

③ If there is an excess charge incurred upon usage, the total amount exceeding the threshold will be included in the next month’s invoice.

④ If any changes are made to the Service during the billing period (e.g., upgrading or downgrading the paid plan), the differences in the fee resulting from the change in the Service will be applied to the next billing period (the following month).

⑤ On the 1st of every month, the fee is automatically charged, and the default payment method for thefee is a credit card. If a payment is made using a method other than a credit card, the Customer must inform the Company of any necessary changes in payment.

⑥ If the Customer fails to pay the Service fee within the due date, the Company notifies the Customer of the overdue Service fees via email. An additional amount (1.5% of the overdue fee by month) will be added to the overdue Service fee and charged altogether.

⑦ If the Customer does not pay the outstanding amount by the 10th of the same month, the Company may suspend or terminate the Service in accordance with the procedures and methods specified in the terms and conditions and posted on the Service website. The Company may continue to notify the customer of the outstanding amount and will inform the customer at least 7 days prior to blocking, suspending, or terminating the Service.

⑧ Customers are responsible for paying the Service fee. However, if the Customer designates a person in charge of paying the service fee, the person and the Customer share the responsibility for payment of the Service fee. In this case, the Customer must provide a responsibility confirmation letter of the person in charge of the payment.

4-4 Refund of Service Fee

① The Company follows internal procedures for cases where there is an over-payment in the Service fee paid by the Customer.

② If the Customer requests a refund for the overpaid amount before off-setting, the Company willrefund the corresponding amount to the Customer.

② If a Customer requests a refund within 5 business days prior to using the Service, the Company will immediately refund the fees paid.

③ Customers who pay on a monthly basis are charged for their usage on a monthly basis, and fees for periods that have already been paid cannot be refunded.

③ Customers who pay on a monthly basis are charged for their usage on a monthly basis, and fees for periods that have already been paid cannot be refunded.

4-5 Dispute over Bill

① If the Customer does not agree with the bill for the use of the Service, the Customer can officially dispute the bill in writing or email.

② After receiving an official objection document, the Company will review it and inform the Customer of the results within 7 business days. If the Company is unable to notify the Customer of the results related to the objection within the designated period, the Company will inform the Customer of the reason for the delay.

5. Use of Service

5-1 Application for Service Usage

① After an applicant for use of the Service agrees to the Terms and applies for use of the Service, the Company will approve the application to conclude a contract of use of the Service.

② When applying for use of the Service, an Applicant must provide his/her real name and exact required information. If an Applicant illegally uses a pseudonym or provides false information, he/she cannot enjoy or claim the rights set forth in the Terms, and the Company may terminate the Service Contract.

③ The personal information provided by the Applicant when applying for the Service is protected by governing laws and regulations and the Company’s privacy policy.

④ If the Customer is not of legal age according to the Civil Law, they are not eligible to use the Service, even with the consent of their legal representative (guardian). By using the Service, the Customer confirms to the Company that they are of legal age according to the Civil Law.

⑤ After receiving an application, if any of the following apply, the Company may refuse or delay approval of the Service application, or terminate the Service:

Ⓐ The Applicant does not use his/her real name or has stolen the identity of another person.

Ⓑ The Applicant provides false information or does not submit the information required by the Company.

Ⓒ The Applicant intends to use the Service for fraudulent purposes, such as a violation of law or tort.

Ⓓ The Approval of the application is not available due to the Applicant’s fault or the application is in violation of the Company’s policy.

Ⓔ There is the remaining amount of the fee that the Applicant has to pay to the Company.

Ⓕ The Applicant has a history of delaying payment of the Service fee (hereinafter “Service Fee”) or of illegal use of the Service.

Ⓖ In addition, if there are any other reasons that the Company deems it highly inappropriate to approve the application, the Company may refuse to approve it.

⑥ If the Company decides to refuse or postpone the use of the Service, it sends a notification of such decision to the Applicant.

5-2 Provision and Termination of Service

① The Company provides a stable Service 24/7 throughout a year. However, the Company may restrict all or part of the Service in the following exceptional cases:

Ⓐ Cases such as equipment repairs, maintenance, or other necessary tasks

Ⓑ Cases Where there is a risk of hindering normal Service operation due to a national emergency, equipment malfunction, or sudden increase in Service usage

Ⓒ Cases where the Company is unable to provide stable Service due to inevitable reasons such as natural disasters

Ⓓ Cases where the telecommunications Service provider (specified in the Telecommunications Business Act) has suspended the communication service.

② When the Company restricts all or part of the Service usage, it will provide prior notice on the Service access screen or website. However, in unforeseeable circumstances, the Company will notify the Customer without delay after the event.

5-3 Management and Responsibility of Customer Accounts

① Customers are responsible for managing their own ID and password, and preventing third parties from using them. The Customer will be held responsible for any liability that arises from violation of this requirement, or failure to follow the guidelines or instructions provided by the Company. The Company shall not be held responsible for any disadvantages arise from Customer’s liability.

② The Company may restrict the use of the ID if there is a risk that the personal information of the ID owner might be disclosed or released without approval or if it is possible that the ID is treated as associated with the Company or the Company operatoIf the Customer finds that his/her ID, password, and Private Key have been stolen or used by a third party, the Customer must notify the Company immediately of the fact and follow the Company’s guidelines. However, the Company will not be held liable for any loss or damage to the Private Key, which is directly stored and managed by the Customer.

③ The Company may restrict the use of the ID if there is a risk that the personal information of the ID owner moght be disclosed or released without approval or if it is possible that the ID if there is a risk that the ID is treated as associated with the company or the company operator.

④ The Company can limit the number of accounts an individual Customer can hold based on the Company’s policies. For details, refer to the information posted on the Service homepage.

5-4 Suspension or Termination of Service Use by the Company

① The Company can stop providing the Service to the Customer without notice for the reasons below:

Ⓐ If the Customer fails to make the payment by the 10th day of the month.

Ⓑ The Customer performs a transfer or mediation of a large amount of information or advertisements which may interfere with the stable Service operation or such events occur.

Ⓒ A program which is run in the Customer’s server causes damage to other Customers’ system, affects the Service operation of the Company or causes failures, or there are risks of the possibility that such damages, errors or failures might occur.

Ⓓ The Customer incurs unusual traffic spikes in the operating system and affects the network during use of the Service.

Ⓔ It is found that the Customer has not installed security patches appropriately in the server, which might pose risks to the Service operation of the Company.

Ⓕ The Customer uses the Service for any purpose against national or public interests.

Ⓖ The Customer’s use of the Service violates related laws or is deemed against public ethics or orders.

Ⓗ A Customer’s activity causes libel against other people or disadvantages to them.

Ⓘ The server which a Customer is using is infected by a virus or is suspected of being infected by the same

Ⓙ There is legal evidence to halt the Customer’s use of the Service, including, but not limited to, a claim made by a third party that the information the Customer processes via the Service infringes on that third party’s right.

Ⓚ A government agency requests or gives an order of a temporary suspension of the use of the Service following legal procedures.

Ⓛ The Customer accesses or uses the Service in a way to avoid limitations or restrictions notified in association with the use of the service and the conditions to use the Service set by the Company (for example, creating multiple business accounts to use the Service for free or special price deals).

ⓜ Any other related laws or conditions and terms of use set by the Company are violated.

② If the Customer’s Service is suspended due to the reasons mentioned in the preceding clause, the Company shall notify the Customer of the reason for suspension, the period of suspension, and the official measures for raising objections. The Company shall promptly restore the Customer’s rights of using Services when the reasons related to Clause ① are resolved or are no longer valid.

③ If the reason for the stoppage of usage remains valid, the Company can terminate the corresponding Service Contract. In this case, the Company sends a notification to the Customer in accordance with the method specified in 7.(nofify)

④ The Company can charge the Customer for fees related to the Service during the period of the stoppage that was enacted for the reasons specified in this article.

5-5 Termination or Suspension of Service by Customer

① If the Customer wishes to terminate the use of the Service, they shall submit for termination to the Company through the Service provided by the Company or via email, etc. at least 3 business days prior to the termination date. However, if there are any outstanding usage fees, the termination request is possible only after payment of those fees are made.

② During the Service period, the Customer must directly back up all data stored on the server prior to the termination. The Company will delete all servers and resources along with the termination and they cannot be restored for any reason.

③ The Customer may suspend (hereinafter referred to as pause) the Service for up to 90 days during the Service use period. However, if the suspension period exceeds 90 days, the Company may terminate the Service. In this case, the Company shall notify the customer in accordance with the method specified in Article 7.(Notices)

6. Customer Information Management

6-1 Changes in Customer Personal Information

① The Customer can view and modify his/her personal information anytime from the admin page of the personal information on the Service website. However, it is not allowed to make any modifications to the required information for Service management, including, but not limited to, the name of the corporate Customer, the real name of the individual Customer, the business registration number or the unique ID number.

② If the Customer information changes after the application for use of the Service is submitted, the Customer must correct the information on the Service website and notify the Company via email or other means of the correction.

6-2 Transfer and Changes in Related Customer Information

① No Customer may transfer, assign or establish security with rights or obligations set forth in the Service Contract or any other rights used in this contract to any third party at his/her own discretion.

② If the third party (“Transferee”), not a Customer, inherits the legal status of the Customer in the Service Contract with the Company due to inheritance, merger or division on the side of the Customer, the Customer and Transferee must immediately notify the Company following the method and procedure specified by the Company by submitting documents that certify the succession.

③ the Transferee is responsible for fully fulfilling the conditions required by the Terms and the Service Contract before inheriting the legal status. If there is a problem with the succession, the Customer and Transferee are jointly and severally liable.

7. Notices

① When the Company sends notifications to the Customer, it uses the email address that the Customer used for registration when applying for the use of the Service unless otherwise specified in the Terms.

② In cases where it is necessary to notify all Customers, the notification can be substituted by posting on the Service website for more than 7 days. However, this clause does not apply when notifying Customers of changes that are unfavorable to their rights and obligations.

③ The Customer is required to keep his/her contact information (including email address, mobile phone number, landline number) up-to-date to receive notifications from the Company. The Company is not liable for any disadvantages occurring to the Customer when the contact information is not up-to-date.

8. Remediation

8-1 Remediation by Company

① If the Company fails to comply with the SLA (Service level agreement) of the Individual Service due to its fault, the Company may compensate the Customer for damages in accordance with the provisions specified in the SLA.

② To demand remediation, the Customer must submit documentation that clearly states the reason for the claim, the amount that is claimed for, and the grounds for calculating the amount to the Company. The Company can deduct the monthly Service fee from the remediation amount.

③ This article applies only to Customers who use paid Services, and the Company is not liable for any damages caused to Customers of the free Service.

④ The Company can change, suspend or add to the SLA of the Individual Service at any time in accordance

8-2 Remediation by Customer

① The Customer agrees to indemnify, defend, and protect the Company, its affiliates, their respective employees, agents, partners, and licensors if any dispute occurs for the following reasons.

Ⓐ The Customer breaches or infringes on the Terms, governing laws and rules.

Ⓑ The Company takes measures to investigate the suspicious violations of the Terms or to resolve violations that are confirmed to have occurred.

② If the Customer compensates the Company for damages, the remediation must include, but is not limited to, the legal costs and other expenses incurred by the Company and/or the compensations demanded by the claims set forth above.

③ To demand remediation, the Company must submit documentation that clearly states the reason for the claim, the amount that is claimed for, and the grounds for calculating the amount to the Customer.

9. Restrictions and Exceptions

9-1 Ownership and Intellectual Property Rights

The Company owns all ownership and intellectual property rights to its products, including the Service, Documentation, and API. Unless otherwise stated in the terms and conditions, no rights are granted to the Customer. The company grants the Customer a limited, revocable, non-exclusive, and non-transferable license in accordance with the conditions of these terms and conditions. Customers are prohibited from modifying, distributing, altering, tampering with, repairing, or creating derivative works of the Service unless allowed by the terms and conditions.

9-2 Liability Disclaimers

① The Service is provided “as is” and “as valid” to the maximum extent permitted by governing laws. The Company does not guarantee allusively or expressly any matters including, but not limited to, the conditions, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose, prevention of infringement, seamless provision of the Service, prevention of errors, prevention of harmful factors, security or the prevention of damage or loss to the functions or data.

② The Company does not represent or guarantee the validity, accuracy, reliability, quality, stability, completeness or timeliness of the information provided in the Service to the maximum extent permitted by governing laws. Some jurisdictions do not allow exclusion from the implied guarantee or limitation on the expiration period of implied guarantee, so the above exclusion or limitation may not apply to the Customer in those jurisdictions.

9-3 Limitations of Legal Liability

① Notwithstanding any other provisions, the Company is not liable for the maximum extent permitted by governing law for any loss or damage that occurs in association with the following, even if such event is foreseeable.

Ⓐ Force majeure such as natural disasters or wars

Ⓑ The Customer’s intention (including willful negligence), omission or negligence

Ⓒ Failure of telecommunications Services provided by a Service provider other than the Company

Ⓓ Disruptions of the Service due to operations including inspection of the Service, except for cases where the Service is stopped due to the Company’s intention or major negligence

Ⓔ Disruptions of the Service due to maintenance the Company needs to perform

Ⓕ Use of the Service that exceeds the scope of the Service defined in the Service Contract

Ⓖ Damages to a third party due to the inaccuracy or illegitimacy of the information posted by the Customer to the Service

Ⓗ Infringement of security due to the Customer’s negligence in the management of system security

Ⓘ Disruptions of the Service due to force majeure including national emergency, national network disruption, or the equivalent event

Ⓙ Disruptions of the Service to prevent the impact of incidents in the system operated by the Customer via the Service from spreading across the Service

Ⓙ Disruptions of the Service to prevent the impact of incidents in the system operated by the Customer via the Service from spreading across the Service

Ⓚ Failures of the Service due to infringements from outside even though the Company takes security measures to comply with the relevant laws

Ⓛ In case of a failure caused by any device, software, application, or OS installed by the Customer on the Company’s Service, the Customer will be responsible for the issue.

ⓜ when the Customer is using the Service for free.

② The maximum accumulated amount to be compensated by the Company for any damage, loss, or reason of litigation arisen because of the contract, tort (including negligence), and the like is the higher amount among (A) the total amount that the Customer has paid for the use of the Service for 6 months prior to the date of occurrence of the circumstance that the litigation is filed under this provision, and (B) 1,000 US dollars. Limitations of legal liability (as explained in this provision and others of the Terms) are set for the sake of any benefits of the Company and its affiliates and their successors and transferee.The provisions for exemptions from or limitation on liability may not apply to Customers in some jurisdictions that do not recognize exemptions from or limitations on liability for incidental or consequential damages.

10. Clause and Legal Compliance

10-1 Separation Rule

Even if any provision is judged to be invalid or unenforceable by a court or competent court, the enforceability of the remaining provisions shall remain valid and enforceable without being affected by the judgment

10-2 Non-waiver Clause

Even if the Company does not exercise rights or take action in relation to the Customer’s breach of the Terms, it is not viewed as the Company waiving the rights of the Terms and the enforcement of those rights for activities that occur consequently or are similar to the breach.

10-3 Governing Laws and Jurisdications

① The Terms are governed by the laws of the Republic of Korea, regardless of the principles of conflicts of law and the location of the Customer.

② The Customer and Company permanently agree to the exclusive judicial power and jurisdiction of the Seoul Central District Court and waive the right to object to the inconvenience caused by the exclusive judicial power and jurisdiction. Notwithstanding the preceding Paragraph, the judgments and decisions of the Seoul Central District Court may be executed by any court in the locations of the Customer and Company.

10-4 Compliance with Trade law

To purchase and/or use Service, the Customer agrees to comply with all applicable laws on data protection, imports, re-imports, sanctions, anti-boycotts and export control, and national export control systems, including EU Dual Use Export Controls, US Export Administration Regulations, International Traffic in Arms Regulations, and international and national economic sanction programs. To avoid confusion, the Customer (and its end-user, if applicable) is solely responsible for compliance with any applicable regulations related to the ways that the Customer chooses for the use of the Service, including the transmission and processing of the Customer’s information, and for the corporate Customers, the use of the end user’s information. All the information uploaded by the Customer or its end users can be hosted on the Company’s servers across the world, and the Customer cannot upload the information listed on the relevant trade restrictions list and is responsible for ensuring that its end user does not upload any prohibited information. The Customer confirms and guarantees that the Customer is not the subject list of sanctions enforced by the UN Security Council, the National Security Council, the U.S Government (e.g., the list of the EU countries designated by the U.S government and list of overseas sanction-applied member countries of the corresponding countries), and any other organizations that are not limited to the same.

11. Additional Clause

11-1 Restricted Use of Spammer

① The Company may restrict the use of Service or terminate the Service Contract if the Customer’s activity, with respect to sending spam mail (here, the “spam mail” is defined as advertising information for marketing sent or published unilaterally against the recipient’s obvious refusal of receiving mail), falls into the following cases.

Ⓐ The Korean Communications Committee or Korea Internet and Security Agency detect the Customer’s activity of sending spam mail and request stoppage of the Customer’s use of the Service.

Ⓑ The Customer sends spam mail in mass and causes failures in the Service system, or such failure is likely to occur.

Ⓒ The Customer continues to send spam mail even after the recipient demanded deletion of his/her email address from the recipient list.

② The Customer may be held liable for civil and criminal liability for sending or posting advertising information for commercial purposes unilaterally against the recipient’s explicit intent to refuse.

11-2 Promotion

The Customer agrees to allow the Company to use their name and logo and provide a general description of their relationship with the Company for press releases and other marketing materials.

11-3 Independent Contractor

The Company and the Customer are independent contractors. This agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the company and the Customer.

11-4 Language

All the means of communication that the Company uses for posts or notifications under the Terms are provided in Korean. In this case, the Company can provide the English version along with the Korean version for the convenience of the user. However, when the Company provides the English version of the Terms, posts or notifications, the Korean version prevails over any discrepancies between the Korean and English versions. Nonetheless, the Customer can choose either Korean or English as the language for communications with the Company.

11-5 Additional clause

LUK Terms of Service

LUK Terms of Service

Last Updated: 2023.09.12

Any conditions not specified in this agreement will be subject to the Luniverse Terms of Service. In the event of any conflict between this agreement and the terms of service, the conditions outlined in this agreement will take precedence.

1. Conditions

1-1 Purpose

These Terms of Service aim to specify the matters that must be complied with between the Company, Lambda256 (hereinafter, “the Company”), and Customer, including corporate representatives, who use the Luniverse Main Chain Network (hereinafter, “the Network”) operated by the Company, in relation to the charging and utilization of Luniverse Fees and payment methods (hereinafter, “LUK”).

1-2 Definitions

① “Customer” refers to a user who agrees to these terms and conditions and is provided with a user ID by the Company to use LUK.

② “LUK” refers to a unique type of voucher that can be purchased through methods provided by the Company and used as a payment and settlement method for network fees.

③ “Charging” refers to the act of cash payment in order to charge a certain amount of LUK in Lunverse Network.

④ “DC” refers to the Delegation Contract, which pays gas fees by proxy. It is a method where gas fees are paid from the DC (Delegation Contract) when an address registered in this contract generates a transaction.

2. LUK Usage Fees and Policies

2-1 Calculation of Usage Fees

① The usage fee is fixed at 1 LUK = 0.01 USD.

② The KRW fee for LUK is subject to the exchange rate based on the Coordinated Universal Time (UTC+9) on the date of payment.

③ The Company determines the payable services using LUK, and these may be added, modified, or removed according to the Company’s policies.

2-2 Payment and Billing of Usage Fees

① Upon the purchase of LUK by a Customer, the Company will invoice the Customer for the LUK fees and taxes (“Tax”).

② The Customer must instantly pay for the LUK fees and taxes using the currency specified in the means of payment provided by the Company or in US Dollars.

③ The default payment method for LUK fees is credit card. If a payment method other than credit ard is used, the Customer must notify the Company of any necessarychanges for the payment.

④ LUK purchases are instanty processed via the Cusotmer’s registered credit card, and the corresponding receipt is emailed to the Customer’s pre-registered emailaddress upon payment.

2-3 Charging LUK

① The Customer can purchase LUK using the payment methods provided by the Company, and these payment methods may be subject to change according to the Company’soperational policies.

② LUK purchases can be recharged through the console (https://console.luniverse.io/). For other methods of recharging, Customer must seek information about the recharging process by emailing to the Company (support@lambda256.io). The minimum recharge amount may vary depending on the purchasing method.

③ The Customer can activate the Auto-Refuel feature through the console, which enables automatic recharging. Once activated, charges will be invoiced during thedesignated period unless automatic payment is terminated.

④ Under the Auto-Refuel feature, 10,000 LUK will automatically be recharged when the balance of the Customer’s DC drops below 3,000 LUK. A receipt will instantly beemailed to the registered email after payment.

⑤ If a minor unauthorizedly uses someone else’s personal or payment information to charge LUK or pay network fees with the acquired LUK, legal guardians orrepresentatives cannot cancel these transactions.

⑥ In the event of system failures or malfunctions due to the internal problems of the Company, the Customer will receive LUKs if the charging process was notcompleted successfully.

2-4 Refund of LUK

① LUK refunds are possible if requested within 7 days from the date of purchase, and the right to request a refund belongs to the final holder of LUK.

② The Customer must follow the procedure below to request a refund through inquiries on Luniverse (www.luniverse.io) or by sending an email to support@lambda256.io:

Ⓐ Include “LUK Refund Request” in the subject.

Ⓑ Specify the Customer’s ID and the amount of LUK to be refunded.

Ⓒ Attach a copy of the front side of the bank statement in the Customer’s real name.

Ⓓ For corporate customers, attach a copy of the business registration certificate and the front side of the corporate bank statement.

③ The Company will send an email to to the Customer with the results of the verification process within 10 days from the date of the refund request, followed byseparate guidance for the refund process.

④ The Company will transfer the refund amount (excluding transfer fees) to the Customer’s bank account within 10 days after confirming the refund request. Theconfirmation of the Customer’s deposit may take time depending on the payment method, resulting in a delay in the final processing of the refund.

⑤ Upon confirming the Customer’s refund request, the Company will suspend the Cusotmer’s LUK usage.

⑥ Refunds are not possible in the following cases:

Ⓐ If the LUK was received as part of a promotion or for free (In cases where both free and paid LUK are included, the free LUK will be deemed to expire first before using the paid LUK).

Ⓑ If LUK was charged abnormally.

Ⓒ If the LUK has surpassed the statute of limitations under commercial law.

Ⓓ If the Customer engages in actions that violate other laws and regulations.

3. LUK Service Usage

3-1 Use of LUK

① Customer use LUK to pay Luniverse Main Chain Network fees when generating transactions on the Luniverse Main Chain Network.

② Deductions from charged LUK occur immediately at the time of paying network fees.

③ If LUK is charged or used abnormally, an equivalent amount of LUK can be deducted from the Customer’s LUK, and service usage may be restricted.

④ Customer who do not complete the real-name authentication process when using LUK or whose identity is not verified may be subject to service restrictions.

⑤ By using the services, the Customer are considered to have agreed to the Company’s storage of Customer data for self-verification purposes based on paymentmethods. The Company shall not save Customer information and disclose it externally without the Customer’s consent.

⑥ Each payment information is considered as financial information related to the use of LUK and cannot be forged. Using someone else’s financial information orproviding false information may result in service restrictions or legal liability.

⑦ The Company securely keeps unused LUK to allow the Customer to use them after identity verification when requested. The Company must provide methods to theCustomer to check their LUK balance when they recharge or use LUK.

3-2 Restrictions on LUK Usage

① LUK usage may be suspended under the following circumstances:

Ⓐ Using someone else’s user ID and password fraudulently.

Ⓑ Using someone else’s name or personal information to impersonate and access the service.

Ⓒ Using someone else’s payment information or engaging in fraudulent transactions.

Ⓓ Using LUK in places where it is not allowed.

Ⓔ Interfering with the use of LUK by other customers or causing disruptions to LUK service provision.

Ⓕ Engaging in actions that violate other laws and regulations.

② When suspending a Customer’s service usage for the reasons listed above, the Company will notify the customer of the suspension reason, the duration of thesuspension, and the official means of raising objections. The Company will promptly restore the Customer’s service usage rights when the reasons stated in theprevious paragraph are removed or are no longer valid.

③ If the reasons for service suspension persist, the Company may terminate the relevant service usage agreement. In such cases, the Company will notify the Customeraccording to the notification method specified in the Luniverse Terms of Service.

3-3 Request for LUK Usage Cancellation (Incident Reporting)

① The Customer cannot cancel the usage of LUK once it has been deducted.

② If the Customer has paid network fees with charged LUK but a transaction could not be executed due to a malfunction or other reasons attributable to the Company,the Customer can request the return of the already deducted LUK.

③ Despite the above regulations, if 10 days have passed since payment of network fees, usage cancellation is not possible. Therefore, the Customer should exercisecaution when applying for usage cancellation (incident reporting). <Legal period: 3 months (90 days)>

3-4 Transfer of LUK

① The Customer can transfer LUK within the limits of the Luniverse Console (console.luniverse.io) up to the amount of LUK they have.

② Depending on the Company’s policies, the ability to transfer LUK, the amount, and the method may change.

③ The Customer are responsible for all issues arising from the transfer of LUK due to their negligence.

3-5 Expiration of LUK

① The validity period of LUK is 60 months from the charging date or purchase date.

② After 5 years have passed, the statutory statute of limitations for commercial claims expires, and Customer cannot request refunds or balance returns from theCompany.

③ LUK given to the Customer for free from events or other means must be used within 12 months from the date of issuance, and it becomes unusable if not used withinthat period. However, this may not apply if the Company specifies otherwise.

4. Restrictions and Exemptions

4-1 Payment Guarantee

LUK is issued on the credit of Lambda256, without a separate payment guarantee or damage compensation insurance contract.

4-2 Issuer’s Liability

In cases where the Customer incurs damages due to forgery or alteration of data caused by the Company’s intent or negligence, the Company will compensate theCustomer for the damages.

4-3 Dispute Resolution

Any disputes arising between the issuer and the Customer regarding this agreement shall be submitted to the competent court under the Civil Procedure Act.

4-4 Miscellaneous

Matters not specified in this agreement or disputes regarding the interpretation of the agreement shall be resolved by mutual agreement between the Customer and theCompany. However, in the absence of an agreement, the relevant laws and regulations and trade practices, including the “Act on Regulation of Terms and Conditions,”shall apply.

5. Changes in Term of Service

If there are any additions, deletions, or modifications to this Term of Service, we will provide prior notice at least 7 days in advance. However, in case ofsignificant changes that may affect user rights such as changes to the items of personal information collected or the purpose of use, we will provide prior noticeat least 30 days in advance and may obtain user consent again if necessary.

  • Announcement date : 2023.09.12
  • Enforcement date : 2023.10.12

You can check the previous Term of Service below.

2019. 03. 18 ~ 2023. 04. 12(click)

SLA

Luniverse Service Level

Article 1 Purpose

The purpose of this Service Level Agreement for the Luniverse Cloud Service (“SLA”) is to specify the obligation of Luniverse (“the Company”) to make commercially reasonable efforts (“Service Responsibility”) to provide the Luniverse Cloud Service (“the Service”) with at least 99.9% monthly uptime percentage (as defined below) in each monthly billing cycle and to set out the compensation to be provided to the Customer in the event of the Company’s failure to fulfill the “Service Responsibility.”

Article 2 Definitions of Terms

The following are the definitions of the terms used in this SLA:

  1. Monthly uptime percentage (%) = 100 X [1 – {the number of minutes of downtime that occurs due to reasons attributable to the Company in the month of the service/thetotal number of minutes of the service usage in the month}]
  2. Downtime: The downtime is calculated with respect to the time the customer notifies the Company that the service is unavailable. If the Company identifies thedowntime before the Customer notifies the Company that a service failure has occurred, the downtime is calculated with respect to the moment the Company becomesaware of the occurrence. However, any downtime that occurs as a direct or indirect result of the SLA exclusions prescribed in Article 4 will be excluded.
  3. Monthly fee: Refers to the monthly fee for each service that is subject to the calculation of monthly uptime percentage due to the occurrence of service failure andis actually paid by the customer with the discount rate applied.
Article 3 Remediation

1. A customer may apply credits to future payments for the service in accordance with the Terms and Conditions for Credits. Credits can be issued and applied only when the monthly fee for the month exceeds US $ 1.

Ⓐ Monthly uptime percentage per service Credits to be provided: 99.0% – 99.9%, 10% of the monthly fee

Ⓑ Monthly uptime percentage per service Credits to be provided: Less than 99.0%, 30% of the monthly fee

2. A customer may request and receive credits through Contact Us in the Luniverse website or by sending an e-mail to support@lambda256.io using the steps below:

Ⓐ Include “Request for SLA Credits” in the title

Ⓑ Date and time of each service failure

Ⓒ The ID of the organization/the name of the chain affected

Ⓓ X-Lunvs-Trace-Id that is returned as a response header when the API is called

Ⓔ The customer’s request log, which records errors and proves that the customer has made a claim about a service failure (any confidential or sensitive informationcontained in the log must be deleted or replaced with an asterisk)

3. A request for credits must be received by the Company by the end date of the second billing cycle after the occurrence of the incident. The Company shall issue credits within one billing cycle from the month that it acknowledges the customer’s request for credits when it is confirmed that the request is valid, and the Company has failed to fulfill its Service Responsibility.

4. If a customer chooses not to make a request for credits or provide the information required above, the customer will not be able to receive any credits for such incident.

Article 4 SLA Exclusions

Notwithstanding any other provision, the Company will not be liable for a failure to fulfill its Service Responsibility in the following cases:

  1. If the failure falls under the provisions in Article 28 Limitations of Legal Liability of the Luniverse Cloud Service’s Terms of Service
  2. If the failure is caused by factors beyond the reasonable control of the Company (including force majeure and Internet access problems or Internet-related issuesbeyond the demarcation point of the included product)
  3. If the failure results from the act or omission of the customer or a third party, such as a failure to recognize the recovery volume
  4. If the failure is caused by the equipment, software or other technology of the customer or a third party
  5. If the failure is caused by the customer’s intention (including willful misconduct), omission or negligence
  6. If the service is used by the customer for free, including a case where the payment is made with credits.

    1. ④ The Company can issue “credits” for its Customer, which can be used in the Service. The details of the “Credits,” including the terms of use of “Credits” and other conditions of use for the “Credits,” are as follows:
  7. Only a customer who has received the credits can use the credits. Credits can only be used for the products provided directly by Lambda 256 Co., Ltd. in theLuniverse Cloud Service (www.luniverse.io), and they cannot be used for products offered by a third party solely or jointly with Lambda 256 Co., Ltd through the Luniverse Cloud Service. If a customer usesa product that cannot be purchased using credits or spends more than the credits received, the exceeding amount will be charged to the customer.
  8. Credits can only be used within the expiration period and cannot be carried forward or refunded after the expiration date.
  9. When a customer has a large number of credits, the credits with the earliest expiration date will be applied first.
  10. For customers who receive discounts on promotions, additional discounts shall be applied after the credits are applied first.
  11. The Luniverse Cloud Service reserves the right to cancel credits at any time, and any expired or canceled credits will not be refunded.
  12. In case a customer breaches the terms of service of the Luniverse Cloud Service, the credits given may be withdrawn by the Luniverse Cloud Service.
  13. Customers are not allowed to sell their credits in cash or for a payment. In case of a violation, issued credits will be withdrawn, and the customer may be heldlegally liable for resulting damage.
Additional Clause

Additional Clause – for EU Customers

This additional clause (hereinafter “Additional Clause”) applies only to the Customers who stay or reside in the EU territory and property or access the EU regional services. The Additional Clause is a part of and subject to the Terms. As long as specified in the Additional Clause, the Additional Clause prevails over any discrepancies between the Additional Clause and the Terms. The definition of the terminology that is used but not defined in the Additional Clause is subject to the Terms.

(1) Paragraph 3 of Article 3 is amended and replaced as follows to be interpreted correctly.
If the Company wishes to amend the Terms, it shall notify the Customers of the amendment at least 30 days prior to the effective date in accordance with Paragraph 1 of Article 7. The amendment notification shall state the Customer’s right to decline the amendment as set forth in paragraphs 4 and 5 and the consequences thereof.

(2) Paragraph 2 of Article 6 is amended and replaced as follows to be interpreted correctly.
The Company can refuse to accept or delay the use of the Service in the following cases. However, when the Company finds after the conclusion of the Service Contract that the following have already occurred, the Company can terminate the Service Contract in accordance with Article 16.

  1. The Applicant does not use his/her real name or uses the stolen identity of another person.
  2. The Applicant provides false information or does not submit the information required by the Company.
  3. The Applicant intends to use the Service for any illegal purposes such as violating the law or conducting other illegal acts.
  4. The Company does not approve the application for the reason of the Applicant, or the application violates the company policy.
  5. There is a remaining amount of service fee that the Applicant has to pay to the Company.
  6. The Applicant has a history of delaying the payment of the service fee (hereinafter the “Fee”) or using the Service for inappropriate purposes.
  7. There are any other reasons that it is clearly inadequate to approve the application in relation to the above provisions.

(3) Paragraph 3 of Article 8 is amended and replaced as follows to be interpreted correctly.
The Company can change or halt at any time, in whole or in part, (i) all services provided to the Customer free of charge, and (ii) all services provided to the Customer for a fee. However, for the paid services, it shall be presumed that (a) the Company does not halt the services that are a part of the Service Contract during the existing Service Contract period, and (b) the amendment does not degrade the function, performance or security levels of the existing Service Contract. If the services are expected to be halted, the Company notifies the Customers of service disruptions and termination more than 60 days prior to the service disruptions.

(4) Paragraph 1 of Article 9 is amended and replaced as follows to be interpreted correctly.
The Company provides the Service for a period that the Customer fully utilizes the Service to the extent that is agreed to in Article 27. The Customer cannot be provided with the service availability beyond this period, and the Company has no obligation to provide the Service for such excess period. Notwithstanding the foregoing statement, the Company is not liable for any failure in the use of the service due to force majeure.

(5) Paragraph ① of Article 13 is amended and replaced as follows to be interpreted correctly.
The Company can terminate or halt the Customer’s use of the Service in the following cases. However, this provision applies only in cases where the Customer fails to resolve the following issues, which are the reason for the termination or stoppage, within 10 days of the notification after the Customer received the notification from the Company to resolve such issues. If the notification from the Company is unreasonable because it can cause a violation of the law, damage, etc., the Company can terminate or halt the Service without sending the notification.

  1. The Customer has not paid by the end of the month.
  2. The Customer sends or adjusts a considerable amount of information or advertising information that could damage the stable operation of the Service, or suchactivity has occurred.
  3. A program that the Customer runs in the Customer’s server causes damage to the operation of other Customers’ system or might pose risks of disruptions or failuresin the service operation of the Company.
  4. The system operated via the Service is attacked by a large amount of network attack, or abnormal traffic spikes happen in the Customer’s server, affecting thenetwork.
  5. The Customer’s negligence of not installing security patches appropriately in the server has posed a risk to the service operation of the Company.
  6. The Customer uses the Service for any purpose against national or public interests.
  7. The Customer’s use of the Service results in a breach of the governing laws or acts against public ethics or orders.
  8. A Customer’s activity causes libel against other people or disadvantages to them.
  9. The server that the Customer is using is hacked or is suspected of being infected with a virus.
  10. There is legal evidence to terminate the Customer’s use of the Service, including, but not limited to, claims laid by a third party about infringement of the rightfor the Customer’s content the Customer treats via the Service.
  11. A government agency requests a temporary halt of the use of the service following legal procedures.
  12. The Customer accesses or uses the Service in a way to avoid limitations or restrictions notified in association with the use of the service and the conditions touse the service set by the Company (for example, creating multiple business accounts to use the service for free or special price deals).
  13. Any other related laws or conditions and terms of use set by the Company are violated.

(6) Paragraph 1 of Article 14 is amended and replaced as follows to be interpreted correctly
The Company can halt the provision of the Service for the following reasons:

  1. The equipment has to be fixed or any other maintenance works are needed. However, if the cause of the fix or maintenance is attributable to the Company, all theCustomer’s rights under the Service Contract are not affected.
  2. There are risk factors that hinder normal service, such as a national emergency, defects in the service equipment, or a sudden spike in the use of the Service.
  3. The Company is unable to provide the Service stably due to unavoidable reasons such as natural disasters.
  4. A telecommunications service provider stops its provision of the communication service in accordance with Telecommunications Business Act.

(7) Article 16 is amended and replaced as follows to be interpreted correctly.

① Notwithstanding the Company’s right to terminate the contract, the Company may terminate the Service Contract for the following reasons only when the Customer fails to resolve the issues that might cause the contract termination within 10 days of the notification that was received from the Company. However, this only applies to the cases that the Company deems reasonable, including but not limited to (a) the cases specified in Subparagraphs 1, 3, 4, 7, and 8, (b) a circumstance that cannot be resolved due to its nature, or (3) a violation of governing laws or concerns thereof.

  1. The Customer fails to pay the bills for 10 days after the invoice issued.
  2. The information provided in the application for the use of the service is found to be false.
  3. The Customer deliberately causes damage to the Company, interfering with the operation of the Service.
  4. The Customer uses the Service for mining cryptocurrency.
  5. The Customer fails to fulfill the obligations specified in Article 26 (Customer Responsibilities) and does not take any appropriate actions to resolve this issuefor a reasonable period as required by the Company.
  6. The Customer is not taking appropriate actions for a reasonable period to resolve the issue related to Article 13 (Halt of Use) as required by the Company.
  7. The Customer’s purpose and method of using the Service violate national and international laws, and the government agency requests the termination of thecorresponding service via a legitimate procedure.
  8. It is necessary to delete the personal information to protect the privacy of the Customer who has not used the Service for one year in accordance with the PersonalInformation Expiration Period.

② <Delted>

③ If there has been no use of the Individual Service for a year after the conclusion of the Service Contract, the Company may notify the Customer and terminate the corresponding Individual Service. In this case, however, the notifications are sent to the Customer in accordance with the method specified in Article 7.

(8) Paragraph 3 of Article 18 is amended and replaced as follows to be interpreted correctly.
Even if the Fee is changed during the term of the Service Contract, unless it is specified otherwise in this clause, the changed Fee does not apply retroactively throughout the term of the Service Contract. As circumstances require, the Company may, at its reasonable discretion, adjust the applicable Fee of the agreed Service Contracts by reflecting changes in the Company’s costs to procure and provide related services, such as costs of seller and subcontractors, human resources or applicable taxes, and this will take effect on the next start month. If the costs increase due to a specific pricing factor, the Company may raise the Fee unless the cost is lowered to offset the increase due to another pricing factor. If the costs decrease due to a specific pricing factor, the applicable Fee is lowered unless the increase due to another pricing factor exceeds the decrease. The Company determines when to adjust the Fee by taking into account pricing factors that affect the increase and decrease in the costs at its reasonable discretion.

(9) Paragraph 3 of Article 20 is amended and replaced as follows to be interpreted correctly.
If the Customer does not pay the Fee until the due date, the Company notifies the Customer of the overdue Fee via email. The Fee for additional services is charged by adding the overdue fee to the amount set by the law. (Section 288 of the German Civil Code)

(10) Paragraph 4 of Article 20 is amended and replaced as follows to be interpreted correctly.
If the Customer fails to pay the Fee, the Company may terminate or halt the Service in accordance with Subparagraph 1 of Paragraph 1 in Article 13 or Subparagraph 1 of Paragraph 1 in Article 16, and individual provisions are subject to the procedures and manners of the Terms and posted on the service website.

(11) Paragraph 3 of Article 26 is amended and replaced as follows to be interpreted correctly.
This clause applies only to Customers who use the paid services, but services provided for free are not governed by the applicable laws. In other words, the Company is liable only for unintentional misconduct or gross negligence in providing free services.

(12) Article 27 is amended and replaced as follows to be interpreted correctly.
① ① The Customer agrees to indemnify, defend, and protect the Company, its affiliates, their respective managers and employees, agents, partners, and licensors if any dispute occurs for the following reasons.

  1. The Customer breaches or infringes on the Terms, governing laws and rules.
  2. The Company takes actions during the investigation of the Company into a breach of the Terms or as a result of the detection or settlement of the violation of theTerms.

② The remediation includes, but is not limited to, the legal costs and other expenses incurred to the Company and/or the compensations demanded by the claims set forth above.

③ The Customer who is not criminally charged is not obliged to perform the remediation under Article 27.

(13) Article 28 is amended and replaced as follows to be interpreted correctly.

① For the paid services, the Company’s liability for compensation and reimbursement for costs incurred to the Customer is subject to Article 28. For the freeservice, only Paragraphs 6 to 8 apply unless otherwise specified by law.
② The Company is solely responsible for the following: (i) as long as the limitation on liability or exemption do not apply in accordance with governing lawsincluding the responsibility laws of the corresponding product, (ii) if damages are incurred due to intentional or gross negligence, (iii) if life, human body, orhuman health are affected by normal negligence, and (iv) if the Company does not comply with the agreed guarantee.
③ In no event shall the Company be liable for damages and expenses incurred due to normal negligence, unless the contractual damages and payment expenses arereasonably limited in connection with the contract type at the time of concluding the Service Contract in effect except for the cases where a significant breach ofthe contractual obligation is indispensable for the purpose of the Service Contract in effect or for the fulfillment of the proper and legitimate Service Contractand defeat the purpose of fulfilling the contractual obligation that the Customer is following.
④ In no event shall any damages or expenses that are reasonably foreseeable within the interpretation of Paragraph 3 exceed the total price that the Customer paysor has to pay according to this Service Contract (for example, the total costs of any damages).
⑤ Liability of the Company for other damages and expenses is waived. Especially, the Company is not legally liable for initial defects, which are not resulted byits negligence, in accordance with the same law 536a (1) alt. 1 as long as German Civil Law 12.2 does not apply.
⑥ The Company is not liable for indirect or consequential damages, including but not limited to the loss of revenue, loss of sales, interruption of business andgood faith loss.
⑦ The Company is not legally liable for damages which can be avoidable if the Customer copied and performed back-ups of the data by following the suggestions theCompany has provided in the Terms.
⑧ Except for the claim in accordance with Paragraph 2, all rights, claims, damages, and reimbursement of any contract, tort or otherwise related to the ServiceContract in effect lose effectiveness within at least two years.

(14) The following provision is added as Article 35.
If the Terms specifies that the Customer is a consumer and that the Customer must write a customer confirmation letter, a text format may be sufficient to be used for the letter (Clause 126b, German Civil Law).

Additional Clause – for U.S Customers

This additional clause (hereinafter “Additional Clause”) applies only to the Customers who stay or reside in the U.S territory and property or access the U.S regional services. The Additional Clause is a part of and subject to the Terms. As long as specified in the Additional Clause, the Additional Clause prevails over any discrepancies between the Additional Clause and the Terms. The definition of the terminology that is used but not defined in the Additional Clause is subject to the Terms.

(1) Paragraph 3 of Article 3 is amended and replaced as follows to be interpreted correctly.
The Company can revise and notify Customers of the Terms through a reasonable method such as publishing the revised Terms on its service website. In this case, the Company specifies the effective date while posting details at least 7 days prior to when the amended Terms become effective and publish the amendment through its service website. However, if the amendment adversely applies to the rights and obligations of the Customer, the Company notifies the Customer about the amendment at least 30 days prior to the effective date as set forth in Paragraph 1 of Article 7. If the Company and the Customer have a dispute before the revised Terms reflecting the amendment is posted or before the Customer is notified of the amendment, the corresponding amendment with respect to the dispute does not apply.

(2) The following provision is added as Paragraph 3 of Article 30.
③ The Company is not liable for any special, direct, indirect, punitive, incidental or consequential damages or any other damages including, but not limited to, losses in profits, savings and information, and business interruption, and any other damage occurring with respect to the contract, tort or other services.

(3) The following provision is added as Article 35.
If the Customer has any inquiries or complaints related to the Service, the Customer can contact the Company via e-mail (support@lambda256.io) or contact the person in charge of Luniverse Cloud Service (4F, 14, Teheran-ro 4-gil, Gangnam-gu, Seoul 06232, Republic of Korea) in writing or landline (02-xxxx-xxxx). Since e-mail communication cannot be secure, the Customer must be careful not to send or receive credit card information or other sensitive information when exchanging e-mail with the Company.

(4) The following provision is added as Article 36.
The Digital Millennium Copyright Act of 1998 (hereinafter “DMCA”) is a law that allows copyright holders who believe that their right with respect to their works is infringed on the Internet to claim rights under the US copyright law. If a good-willed customer believes that their work accessible through the Service is infringing on others’ copyright, the Customer (or their representative) may ask the Company to remove the work or block access by others in writing via mail, email, or fax. If a good-willed customer believes that someone has maliciously reported a copyright infringement against them, the DMCA allows the Customer to file a notification of objection to the Company. Notifications and notifications of objection must meet all current specified requirements imposed by the DMCA. For more information, please visit http://www.copyright.gov/. All notifications and notifications of objection must be delivered to the person in charge the contact of Luniverse Cloud Service via mail (4th floor, 14, Teheranro 4-gil, Gangnam-gu, Seoul, 06232, South Korea) or by e-mail (support@lambda256.io). The Company encourages the Customer to consult with a legal counsel prior to submitting notifications or notifications of objection to the DMCA.

(5) The following provision is added as Article 37.
The Customer is responsible for complying with U.S export regulations and is responsible for regulatory violations, such as the U.S embargo or other federal regulations prohibiting exports. The Customer represents, guarantees, and agrees to the following. The Customer must not: (a) be a national or resident of any of the countries which the U.S Government puts a trade embargo on or enforces regulation on, or a citizen of the country designated as a “terrorism-supporting state” by the U.S government or (b) be included in a list of the end-users who are subject to regulations of the U.S government.

Additional Clause – for Singaporean Customers

This additional clause (hereinafter “Additional Clause”) applies only to the Customers who stay or reside in the Singapore territory and property or access the Singapore regional services. The Additional Clause is a part of and subject to the Terms. As long as specified in the Additional Clause, the Additional Clause prevails over any discrepancies between the Additional Clause and the Terms. The definition of the terminology that is used but not defined in the Additional Clause is subject to the Terms.

(1) The following provision is added as Paragraph 3 of Article 30.
The Company is not liable for any special, direct, indirect, punitive, incidental or consequential damages or any damage including, but not limited to lost profits, lost savings, business interruption, and information loss, and any other damage occurring with respect to the contract or tort or other services.

Additional Clause – for Hong Kong Customers

This additional clause (hereinafter “Additional Clause”) applies only to the Customers who stay or reside in the Hong Kong territory and property or access the Hong Kong regional services. The Additional Clause is a part of and subject to the Terms. As long as specified in the Additional Clause, the Additional Clause prevails over any discrepancies between the Additional Clause and the Terms. The definition of the terminology that is used but not defined in the Additional Clause is subject to the Terms.

(1) The following provision is added as Paragraph 3 of Article 30.
The Company is not liable for any special, direct, indirect, punitive, incidental or consequential damages or any damage including, but not limited to lost profits, lost savings, business interruption, and information loss, and any other damage occurring with respect to the contract or tort or other services.

Additional Clause – for Japanese Customers

This additional clause (hereinafter “Additional Clause”) applies only to the Customers who stay or reside in the Japanese territory and property or access the Japanese regional services. The Additional Clause is a part of and subject to the Terms. As long as specified in the Additional Clause, the Additional Clause prevails over any discrepancies between the Additional Clause and the Terms. The definition of the terminology that is used but not defined in the Additional Clause is subject to the Terms.**

(1) The following provision is added as Paragraph 3 of Article 30.
The Company is not liable for any special, direct, indirect, punitive, incidental or consequential damages or any damage including, but not limited to lost profits, lost savings, business interruption, and information loss, and any other damage occurring with respect to the contract or tort or other services.

12. Changes in Term of Service

If there are any additions, deletions, or modifications to this Term of Service, we will provide prior notice at least 7 days in advance. However, in case of significant changes that may affect user rights such as changes to the items of personal information collected or the purpose of use, we will provide prior notice at least 30 days in advance and may obtain user consent again if necessary.

  • Announcement date : 2023.04.12
  • Enforcement date : 2023.05.12

You can check the previous Term of Service below.

2019. 03. 18 ~ 2023. 04. 12 (click)