ARTICLE 1 (Content of Service, etc.)
- The Service includes a trial service (which is provided free of charge for ninety (14) days only) and a fee-based service (which is comprised of more than one charging system).
- Groovenauts may entrust all or any part of the service of providing the Service to a third party.
ARTICLE 2 (Use Application, etc.)
- A person who wishes to use the trial service shall register a new account through the Websites (including registration through using an external service account designated by Groovenauts) and make an application for use of the trial service. An applicant shall be deemed to have agreed to these Term of Use, etc. by way of making such application. If Groovenauts approves such application, Groovenauts shall provide notification to such effect to an applicant via e-mail or by other method separately prescribed by Groovenauts. At the time when such notification is made, an agreement on use of the trial service shall be formed between such applicant (i.e., User) and Groovenauts (a “Trial Service Use Agreement”).
- The use period of the trial service set forth in the preceding paragraph shall be ninety (14) days. If no application for use of the fee-based service is made during such period, the provision of the trial service by Groovenauts shall be terminated upon the expiration of such period and Groovenauts may delete the Worker, DB and other data used during such period.
- A person who wishes to use the fee-based service shall, either at the same time as making an application set forth in Article 2.1 or 2.2 or after formation of a Trial Service Use Agreement, register a method for payment of the use fees (electronic settlement or payment on invoice (bank transfer)) through the Websites or by the method separately designated by Groovenauts and shall also apply for use of the fee-based service. If Groovenauts approves such application, Groovenauts shall notify applicant to that effect by way of posting on the Websites, or via e-mail or by another method separately prescribed by Groovenauts. When such notification is made, an agreement on use of the fee-based service shall be formed between such applicant (i.e., User) and Groovenauts (a “Fee-Based Service Use Agreement”; a Trial Service Use Agreement and a Fee-Based Use Agreement shall hereinafter be collectively referred to as a “Use Agreement”).
- Even if Groovenauts does not approve an application set forth in Article 2.1, 2.2 or 2.3, Groovenauts shall not in any way be liable to disclose the reason for such non-approval.
ARTICLE 3 (Payment)
- Groovenauts shall calculate the use fees in the relevant preceding month specified in the preceding paragraph (closed on the last day of each month), and, by no later than the 5th business day thereafter (if such 5th business day falls on a holiday, the immediately following business day), shall send a notice relating to such use fees to the User specified in the preceding paragraph by way of invoice, or via e-mail or by another method separately designated by Groovenauts. The due date for payment of use fees shall be the last day of the month to which the issuance day of such notice belongs, unless otherwise set forth in such notice.
- If User fails to pay any use fees by the prescribed due date for payment thereof, such User shall pay to Groovenauts a late payment charge at the rate of 14.6% per annum.
ARTICLE 4 (Management of Account Information, etc.)
User shall not disclose, lease to or share with any third party any account information and password issued to User, and User shall strictly manage the same to ensure that the same will not be divulged to a third party. Even if User incurs damage due to inadequate management, error in use, use by a third party, etc. of his/her account information and password, Groovenauts shall not in any way be liable therefor.
ARTICLE 5 (Disclaimer)
- Groovenauts shall provide no guarantee whatsoever as to the completeness, accuracy, utility, reliability, harmlessness, etc., of the Service.
- Groovenauts shall not in any way be liable for any damage incurred by any User or third party due to any User’s use of or inability to use the Service; including, without limitation, circumstances in which any application software developed by User who uses the software provided by Groovenauts fails to pass the examination of any application software market (e.g., AppStore, GooglePlay). Furthermore, Groovenauts shall not, in any event, be liable to User for investigating the cause thereof.
- If User’s use of the Service causes any infringement upon another User’s or a third party’s rights, or causes any dispute between the relevant User and another User and/or a third party, the relevant User shall, at his/her own responsibility and expense, resolve the same, and must take necessary measures to ensure that no damage will be caused to Groovenauts.
ARTICLE 6 (Damage)
- Even if User incurs any damage due to any cause attributable to Groovenauts, the scope of damage for which compensation should be provided by Groovenauts shall be limited to ordinary and directly incurred damage and Groovenauts shall not in any way be liable for any damage arising from extraordinary circumstances (regardless of whether such damage is foreseen or foreseeable), indirect damage, consequential damage and/or loss of profit.
- Even if User incurs any damage due to any cause attributable to Groovenauts and Groovenauts is held liable to provide compensation for damage to such User, the amount of such damage shall be up to the amount that Groovenauts has received from such User in the most recent month in which the cause attributable to Groovenauts occurred, regardless of whether there is any default, liability for defect under law, unjust enrichment, tortious act or other cause of action.
- If User incurs any damage due to the wilful intention or gross negligence of Groovenauts, the provisions of the preceding two paragraphs shall not apply.
ARTICLE 7 (Prohibited Matters and Suspension of Use, etc.)
- User makes a false statement to Groovenauts upon applying for the Service;
- User is a minor or lacks the legal capacity to enter into a contract for the Service by himself/herself at the time of his/her application, and a legal representative or other party having the authority to approve of an application fails to approve or confirm such application;
- Groovenauts deems that User is an anti-social force, etc., or is engaged in any interaction with or involvement in any anti-social force, etc., including cooperating with or being involved in the maintenance, operation or management of any anti-social force, etc., through a person who provides any funds thereto;
- User engages in or is likely to engage in any acts prohibited by Groovenauts;
- User uses or is likely to use the Service by using a method other than the method of use prescribed by Groovenauts;
- User engages in or is likely to engage in the modification, amendment, adaptation, alteration, reverse engineering, disassembly, decompilation, analysis, etc. of all or any part of the software provided by Groovenauts;
- User develops or provides any service similar to the Service by using the Service;
- User engages in any act that may prevent operation of the Service;
- User engages in any act that imposes an excessive burden on the network or system of the Service; or
- Other than the cases set forth in any of the foregoing, if Groovenauts deems that such application causes or is likely to cause a disturbance to Groovenauts’ performance of its business.
ARTICLE 8 (Suspension or Discontinuation of Service)
Groovenauts may suspend or discontinue all or any part of the provision of the Service if any of the following circumstances apply, and shall bear no responsibility whatsoever therefor:
- Provision of the Service becomes impossible or difficult due to a case of emergency, such as a natural disaster or other incident;
- Maintenance or construction of a building, communication line, electronic computers and other equipment used for the provision of the Service, or if there is otherwise any unavoidable cause;
- Groovenauts’ equipment used in the provision of the Service or a third party’s equipment used under an agreement with such third party (such equipment includes hardware and software) is suspended or discontinued due to failure, etc.;
- Telecommunications provided by a telecommunications carrier are suspended or discontinued;
- Provision of the “Google Cloud Platform” service is suspended or discontinued by Google. Inc.;
- Groovenauts deems it necessary to suspend or discontinue the Service for operational or technological reasons and provides User with five (5) business days’ notice, or Groovenauts suspends or discontinues the Service for unavoidable cause and notifies User to such effect without delay after such suspension or discontinuation; or
- User’s consent is obtained.
ARTICLE 9 (Intellectual Property Rights)
- User hereby provides his/her representation and warranty to Groovenauts that no application developed by such User using the Service or the software provided by Groovenauts has infringed upon the rights of any third party.
ARTICLE 10 (Handling of Confidential Information)
- In using the Service, if User has obtained any of Groovenauts’ technological or business related information (the “Confidential Information”), such User shall not divulge the existence or content of such information obtained and shall not improperly use the same, regardless of whether Groovenauts keeps the Confidential Information in confidence; provided, however, that the following information shall not be included in the Confidential Information:
- Information which was already held by User at the time of the disclosure thereof;
- Information which was already in the public domain at the time of the disclosure thereof or which enters the public domain after its disclosure due to any reason not attributable to User;
- Information which User has obtained from a duly authorized third party without being bound by any confidentiality obligation; and
- Information which User independently develops without using the Confidential Information.
- Notwithstanding the provisions of the preceding paragraph, User may disclose the Confidential Information: (i) to a competent public authority upon a legitimate request for disclosure from such competent public authority; (ii) in accordance with the laws or regulations; or (iii) to his/her contractor. In such case, User shall immediately notify Groovenauts of such fact of disclosure and shall impose the same obligations on his/her officers, employees or contractors to whom the Confidential Information will be disclosed as those imposed on himself/herself in accordance with this Article. If any of the above-mentioned persons breach this Article, User shall be liable for such breach.
- As for any information out of the Confidential Information which falls under “personal information,” the provisions in the following Article shall apply and prevail over the provisions of this Article.
ARTICLE 11 (Handling of Personal Information)
- Groovenauts may, at its discretion, use and publish the information, data, etc., provided by User to Groovenauts, as statistical information in a manner in which no individual can be identified; and User shall not raise any objections thereto.
ARTICLE 12 (Withdrawal)
- User may withdraw from the Service and delete his/her User registration by way of making a withdrawal application as prescribed by Groovenauts through the Websites; provided, however, that if there are any outstanding obligations at the time of such withdrawal, as a result of the use of the fee-based plan, information on use results and/or use fees, etc. under the fee-based plan shall be deleted after payment of such outstanding obligations is made.
- In the case of the preceding paragraph, a Trial Service Use Agreement or a Fee-Based Service Use Agreement between Groovenauts and User shall be terminated when Groovenauts receives the relevant withdrawal information.
- If User who has withdrawn pursuant to the provisions of Article 12.1 owes any obligations to Groovenauts, such obligations shall be automatically accelerated and such User shall immediately make a lump sum payment of all of the outstanding obligations to Groovenauts.
- If User who has withdrawn pursuant to the provisions of Article12.1 wishes to use the Service again, such User shall make an application for use again, pursuant to the provisions of Article 2; provided, however, that such User may not use the Service for sixty (60) days from the withdrawal day.
ARTICLE 13 (Termination of Provision of Service, etc.)
- For the convenience of its business, Groovenauts may, at its discretion, terminate all or any part of the service provided to User, even during the period of providing the Service. In this case, Groovenauts shall notify User to such effect by no later than three (3) months prior to the termination date of the Service by the method separately prescribed by Groovenauts.
- Groovenauts shall not in any way be liable for any damage incurred by User in relation to the termination set forth in the preceding paragraph.
ARTICLE 15 (Change in Registered Information)
If there is any change in User’s company name, residential address, telephone number, etc. or other registered information, User shall immediately enter such change by himself/herself through the Service. Groovenauts shall not in any way be liable for any damage occurred due to delay in entering such change.
ARTICLE 16 (Contact / Notice)
ARTICLE 17 (Prohibition on Assignment of Status)
ARTICLE 18 (Governing Law)
ARTICLE 19 (Court of Jurisdiction)
ARTICLE 20 (Good Faith Consultation)
Established: August 31, 2015
Revised: June 30, 2016