Chapter 1: General Provisions
Article 1 (Purpose and Definitions)
The purpose of these Terms is to establish and implement the rights, obligations, and general procedures between Data Alliance Co., Ltd. (hereinafter the "Company") and persons who have registered as members (hereinafter "Members") — namely, Nodes of the gcube service operated by Data Alliance Co., Ltd. (hereinafter "Suppliers") and Workloads of the gcube service (hereinafter "Consumers"), i.e., sellers (Suppliers) and buyers (Consumers) — in order to use the gcube service and the related gcube (Global GPU Grid) service (hereinafter the "Service") provided by Data Alliance Co., Ltd., thereby promoting mutual development.
1. The definitions of terms used in these "Terms" are as follows:
1) Service: The Global GPU Grid sharing/trading service (https://gcube.ai/) provided by the Company for use of the Service, together with the website for its operation.
2) gcube Site: The shared GPU platform, agent program, and the website for their operation, provided by the Company for the trading of GPU sharing of servers, PCs, and laptops, etc. (hereinafter "Products").
3) Consumer: A member who uses the GPU sharing service for AI research and specialized computing tasks, and who is capable of both selling and purchasing.
4) Supplier: An individual or corporate business operator who conducts sales activities by sharing GPUs in their possession, and who is a member capable of both selling and purchasing Products.
5) User: A member who receives the paid or free services provided by the Company in accordance with these Terms. This refers to an individual or corporate business operator who has completed member registration in accordance with the registration procedures established by the Company, continuously receives information from the Company, and is able to use the services provided by the Company.
6) Points: A Consumer's Points are charged for a fee and used to pay for the use of the Service; they constitute a prepaid electronic payment instrument under the Electronic Financial Transactions Act, as notified to the "Member" in advance by the "Company" at the time of issuance. A Supplier's Points are used as a unit prior to settlement of revenue amounts generated through sharing activities.
7) Types of Points (P):
• Paid Points (points charged for a fee)
• Free Points (points granted free of charge by gcube through events, etc.)
• Operating Revenue Points (points earned through node operation)
2. The meaning of terms not defined in Paragraph 1 shall follow the relevant laws and regulations of theArticle 2 (Posting and Amendment of the Terms)
1. The Company shall post the contents of these Terms on the initial screen of the operation/management service (https://gcube.ai/) so that Consumers can easily access them.
2. The Company may amend these Terms when necessary, to the extent not in violation of relevant laws such as the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Act on Consumer Protection in Electronic Commerce. In such cases, the Company shall announce the amended contents and the effective date via the Service site from 7 days prior to the effective date until the day before the effective date. However, in the case of amendments unfavorable to sellers, the Company shall announce the amended Terms from 30 days prior to the effective date until the effective date.
3. If a Supplier or Consumer does not agree to the amended Terms, they may express their refusal before the effective date of the amended Terms and terminate the use agreement under these Terms.
4. If the Company, when announcing or notifying the amended Terms pursuant to Paragraph 2 of this Article, clearly announces or notifies that failure to express an intention by the effective date shall be deemed an expression of consent, and the Supplier does not explicitly express refusal, the Supplier shall be deemed to have agreed to the amended Terms.
Article 3 (Effect of the Terms)
1. The Company may establish and operate separate operating policies (hereinafter "Operating Policies") for detailed matters not stipulated in these Terms, and shall post such contents on the Service screen. The Operating Policies constitute part of the service use agreement (hereinafter the "Use Agreement") together with these Terms.
2. The Company may separately establish terms and conditions for specific services within the Service (hereinafter "Individual Terms"). If a Member agrees to the Individual Terms, the Individual Terms shall constitute part of the Use Agreement, and where the Individual Terms conflict with these Terms, the Individual Terms shall take precedence.
3. A person who intends to register as a Member under these Terms confirms that they have familiarized themselves with the contents of these Terms of Use and agree to the rights and obligations between the seller/buyer and the Company.
Article 4 (Formation of the Use Agreement)
1. The Use Agreement is formed when a person who creates a "User ID (email)" and wishes to use the Service (hereinafter "User") agrees to these Terms and applies for registration in accordance with the procedures established by the Company, and the Company approves the application after review. The Company may express its approval of use by posting on the relevant Service screen, by email, or by other means.
2. If the Company separately requests supporting documents, the applicant must submit them promptly, and the Company may withhold or refuse approval of the registration application until such documents are submitted.
3. Creation of a "User ID (email)" and Supplier registration may be done by a general individual, an individual business operator, or a corporate business operator. If submission of materials such as an ID card, business registration certificate, copy of a bankbook, or other written undertakings is requested, the applicant must actively cooperate.
4. The Company may refuse approval for applicants for Supplier registration under Paragraph 1 who fall under any of the following items, and may revoke approval even after registration if any of the following grounds are confirmed:
• Where the applicant has previously lost membership in connection with these Terms or other services of the Company
• Where the applicant does not use their real name, or uses another person's information (e.g., resident registration number, account information, etc.)
• Where the applicant provides false information or fails to provide the information required by the Company
• Where a Supplier/Consumer who has received a suspension of qualification or similar measure from the Company voluntarily terminates the Use Agreement during the period of such measure and reapplies for use
• Where approval of the application is difficult due to technical issues or the like
• Where approval is impossible due to reasons attributable to the applicant, or where the application violates other general requirements, such as failure to submit required documents or documents requested by the Company
• Where the applicant does not possess lawful residence status permitting economic or profit-making activities within the Republic of Korea, or otherwise fails to meet the qualifications to use the Service under relevant laws, or fails to prove such qualification through objective supporting materials such as official documents
• Other cases where the application violates these Terms or is unlawful or improper, and the Company reasonably determines that refusal is necessary
5. Consumers must immediately notify the Company of any changes to their membership information, such as their address or bank account for payment, and the Company shall not be liable for damages arising from delayed notification.
6. In the following cases, the Company may deem that there is no intention to use the relevant "User ID (email)" and may delete the "User ID (email)." However, the Company shall notify the contact information (email address, etc.) provided at the time of creation of the "User ID (email)" 30 days and 7 days before deletion pursuant to this paragraph.
Chapter 2: Use of the Service
Article 5 (Disclaimer of Agency and Warranty)
1. The Company bears responsibility only for the operation and management of the intermediary trading system for transactions of goods or Points, etc. (hereinafter "Products") between Suppliers and Consumers, and no act of the Company in connection with the sale or purchase of Products shall be deemed an act of agency on behalf of Suppliers or purchasing members.
2. With respect to transactions between Members made through the Service, the Company does not guarantee the existence or authenticity of any intention to sell or purchase, the quality, completeness, safety, or legality of registered items, non-infringement of others' rights, or the truthfulness of information entered by Members or materials posted at URLs linked through such information; all risks and responsibilities in this regard shall be borne by the relevant Member.
3. The Company provides no guarantee regarding the sales effectiveness of Products handled by Suppliers through the Service, and Suppliers may not hold the Company liable in any way for failure to achieve their intended sales results.
Article 6 (Types of Services and Usage Fees)
1. The services provided by the Company under these Terms are as follows:
• Intermediary trading services through the gcube service (Node, Workload)
• Various services enabling users to select product preferences and share opinions about products, utilizing product information and databases provided by sharing members
• Services that collect and process information generated in Supplier/Consumer channels and provide statistical information
• Services that provide price information for the relevant products within the Service to facilitate Suppliers'/Consumers' product price management
• Other services related to intermediary trading
2. The services in the preceding paragraph provided by the Company are intended to permit the use of the Service so that sharing/using members may trade goods/Points, etc., or to broker product sales; the Company assumes no responsibility whatsoever in connection with products registered by individual sharing/using members on the Service.
3. In principle, the Company provides the Service 24 hours a day, year-round, unless there are special business or technical impediments; however, the Service may be temporarily suspended on days or at times requiring regular maintenance or system upgrades, and in the case of scheduled work causing temporary suspension, prior notice shall be given through the relevant service.Article 7 (Service Usage Fees)
1. The Company may impose the following service usage fees and commissions on Suppliers/Consumers, and shall announce the specific details and rates of service usage fees and commissions through service updates:
• gcube Supplier and Consumer service usage fees (including sales commissions)
• Fees for other additional services, etc.
2. Service Usage Fees:
• Consumers must charge Points to use the Service and may use the Service in proportion to their Points.
• The Company collects 10% VAT when Consumers charge Points to use the Service.
• Since Suppliers earn revenue by using the Service, no separate service usage cost is incurred.
• When a Supplier applies for settlement, the Company deducts income tax pursuant to the Income Tax Act before settlement.
3. The Company may collect service fees by deducting from the settlement amount payable to sharing members, deducting from charged funds, etc., and may determine fees and collection methods differently based on agreement between the Company and sharing members or the Company's internal policies.
4. The Company may establish or change service fees when necessary, and any new or changed matters shall be announced through service notices.Article 8 (Notice to Suppliers)
1. When the Company gives notice to a Supplier, unless otherwise stipulated in these Terms, it may do so through various notification means within the Service, such as the email address or (mobile) phone number provided by the Supplier, service announcements, banners, text messages, or customer center postings.
2. For matters that do not materially affect the rights of Suppliers, the Company may substitute the notice under Paragraph 1 by posting on the service provided by the Company for at least 7 days.
Article 9 (Registration of Machines for Sale)
1. When registering a machine, the Supplier must accurately provide the following information so that administrators and users can verify information about machine rental:
• Contactable phone number
• Profile information
• Account information
• Information on the machine for sale
2. Upon a Supplier's machine registration, the Company reviews and approves it, and the Supplier may sell only after approval.
3. The Supplier may modify the registered contents even after machine registration is approved. However, modifications shall be made by conveying the changes to the administrator, and for sales made before the modification, the information as of the time of sale shall apply.
4. The Supplier may continue selling without a separate time limit after machine registration is approved. However, sales activities may be restricted in accordance with these Terms, such as suspension of Supplier qualification, restriction of service use, or other necessary measures, in which case the Company may re-review eligibility to sell.Article 10 (Obligations of Suppliers)
1. The Supplier information verified for sales activities and the account information must match. Transferring, gifting, or providing as collateral the rights and obligations under this Article to a third party without the Company's prior consent is prohibited.
2. Suppliers must keep their mobile phone number and email address up to date at all times.
3. Suppliers must register their profile according to the form provided by the Company; registration of false information is not permitted.
4. Suppliers must register machines according to the form provided by the Company; false registration for purposes other than service sales — such as payment/transaction fraud — or sham sales registration is not permitted.
5. Suppliers shall not arbitrarily change or modify sales postings and shall provide the Service with the content approved by the Company.
6. Suppliers must specify only facts, in concrete terms, regarding price information, basic options, service descriptions, and other service details, and must agree with the administrator in advance regarding exceptional scope.
7. In principle, Suppliers must specify in the service details only the content of services they can provide themselves; for services that must be partially or fully subcontracted/delegated, additional details may be specified within the scope approved by the Company. In such cases, separate prior agreement with the client must be made.
8. Suppliers must faithfully carry out the entire process of registration and sale.
9. If a reason arises that makes the machine unavailable, the Supplier must deactivate it or suspend sales using the functions provided by the Company, and must notify the administrator of the reason in advance.
10. Suppliers may not engage in fraudulent acts that harm the stability and reliability of the Service by manipulating or falsely stating the specifications of the machine they intend to register.
11. Suppliers (general) must issue cash receipts upon request by users paying in cash.
12. Suppliers (individual/corporate business operators) subject to comprehensive income tax reporting should file within the payment deadline.
Article 11 (Prohibited Acts and Restriction of Use)
1. If a Supplier violates obligations under these Terms and the policies established by the Company for service operation, interferes with the normal operation of the Service, or falls under any of the following items, the Company may suspend service sales, issue warnings, and, after prior notice, restrict service use through suspension or permanent suspension, and may pursue civil and criminal liability:
• Where it is confirmed that the Supplier has grounds for registration restriction or use restriction
• Where the Supplier threatens the order of electronic commerce, such as interfering with another person's use of the Service or misappropriating their information
• Where the Supplier uses the Service to commit acts prohibited by law or these Terms or contrary to public order and good morals
• Where the Supplier commits or attempts acts that interfere with the smooth operation of the services provided by the Company, such as direct payment between sharing membersArticle 12 (Suspension of the Service)
1. The Company may temporarily suspend the provision of the Service when provision is impossible due to uncontrollable technical failures, causes attributable to third parties such as common carriers, natural disasters, national emergencies, or similar reasons.
2. The Company may take measures such as suspending service provision or terminating the Use Agreement if a sharing member's use of the Service falls under any one or more of the following items. When taking measures under this paragraph, the Company may refrain from giving notice where notice is not legally permitted (for example, where notice would violate laws or orders of regulatory agencies or obstruct a regulatory investigation), or where the Company reasonably determines that notice could cause damage to the Company, users, other sharing members, or other third parties (for example, where it would compromise the security of the Service):
• Where the member commits acts violating the member obligations stipulated in these Terms
• Where there is a request from an investigative agency for investigation purposes, or a deliberation decision or service restriction request from agencies such as the Korea Communications Standards Commission or the Seoul Electronic Commerce Center
• Where the sharing member's use of the Service causes overload of the entire service system
• Where it is determined that damage has occurred or is likely to occur to the Company or other members due to violation of these Terms or other service terms and policies of the Company, as in the following:
(a) Where there is concern about fraud damage due to indications of member account theft
(b) Where a connection is confirmed between a Supplier subject to measures under this Article and business details such as address and phone number, raising concern about consumer damage from the same type of violation
(c) Cases equivalent to violations of the Operating Policies posted by the Company
3. Where service provision is suspended for reasons under Item 1 or Item 4 of the preceding paragraph, the specific criteria for suspension shall be determined in the Operating Policies.
4. For the smooth operation of the Service, if a product registered by a sharing member has no sales history or the sharing member has no information management history, the Company may delete the product information registered by the Supplier after announcement or notice in accordance with the method in Paragraph 5.
5. When suspending the Service under this Article, the Company shall announce or notify this fact by means such as telephone or email. However, in cases such as technical failures, notice may be given after the fact.Article 13 (Rights and Obligations of the Company)
1. The Company shall make its best efforts to provide continuous and stable services in accordance with these Terms.
2. The Company shall preferentially resolve complaints and service problems raised by Suppliers when deemed justified, and where prompt resolution is difficult, shall inform the Supplier of the reason and the handling procedure.
3. The Company may use product information registered by Suppliers on the Service for the scope of services under Article 7, Paragraph 1 and for promotion of the Service itself, and may modify and edit such information as necessary.
4. The Company may utilize information such as advertising and sales effects generated by Suppliers' use of the Service for purposes such as preparing statistical data and applying it to other Company services used by the Supplier.
5. The Company may provide materials related to a Supplier's use of the Service to the relevant agency without the Supplier's consent when requested by an investigative agency for investigation purposes or by other public agencies through procedures under relevant laws.
6. The Company may delete relevant information without prior notice to the Supplier if it determines that products and information registered by the Supplier on the Service constitute illegal or fraudulent information, if there is a request from related agencies such as the Korea Communications Standards Commission, or if it determines that the Supplier is using the Service for purposes other than those in these Terms.
Article 14 (Notice)
1. The Company may give notices related to these Terms through email, mobile messages, in-service notifications, or other appropriate electronic means provided by the Supplier/Consumer.
2. For notices to all Suppliers/Consumers, the Company may substitute the notice under Paragraph 1 by posting announcements or sending emails. However, matters that individually and materially affect service use shall be notified individually.
3. Suppliers/Consumers must provide the Company with information such as an email address and (mobile) phone number at which they can actually be contacted, keep such information up to date, and check the Company's notices.
4. Suppliers/Consumers shall not be protected against disadvantages arising from neglect of the obligations in the preceding paragraph.
Article 15 (Prohibited Acts of Suppliers/Consumers)
Suppliers shall not engage in any of the following acts; in case of violation, the Company may take measures such as suspension of service use and termination of the Use Agreement. Specific criteria for suspension of service use shall be determined in the Operating Policies.
1. General matters:
• Posting or linking harmful information such as obscene or false information through the Service
• All acts connected to criminal activity and other acts violating relevant laws
• Causing harm to others and the Company through hacking, distribution of computer viruses, server attacks, etc.
• Transmitting large volumes of information for the purpose of interfering with the stable operation of the Service, or continuously transmitting advertising information against the recipient's will
• Using the Service for purposes other than the sale of service-related products
• Using the Service for events and promotions not directly related to service product sales activities
• All acts that may interfere with or cause failures in the Company's services through unlawful means
• Transferring, gifting, or providing as collateral the rights and obligations under these Terms to a third party without the Company's prior written consent
2. Prohibited acts related to product registration and sale:
• Using trademark names unrelated to the product, or using them redundantly, when registering products on the Service
• Falsely stating or failing to display detailed product information when registering products
• Using without authorization others' creations, such as images or text created by others, or products made by others
• Selling products that violate relevant laws, or selling specific products without the required sales qualifications
• Registering products through abnormal means, such as fraudulent category registrationArticle 16 (Protection of Intellectual Property Rights and Reporting of Rights Infringement)
1. When using a third party's intellectual property rights, the Supplier must obtain permission for use from the rights holder before use, and must not infringe third parties' trademark rights, patent rights, copyrights, name rights, portrait rights, or other intellectual property rights in connection with product registration and sale.
2. If a third party asserts rights infringement regarding product information and other information registered/used by a Supplier on the Service, the Company may take measures such as deleting the relevant information and restricting re-registration.
3. In connection with the preceding paragraph, the Company may request explanatory materials from the Supplier, and the Supplier must actively cooperate. However, if the materials submitted by the Supplier are not materials recognized by the Company, such as a final court judgment, the Company may maintain the product deletion and registration restriction status.
4. If any of the following occurs in connection with products and information such as product URLs registered/used by a Supplier on the Service (hereinafter "Product Information"), the Company may request the Supplier to submit explanatory materials or to modify the Product Information, and the Supplier must actively cooperate. If the Supplier fails to submit or modify within a maximum of 5 business days from the Company's request, the Company may modify the Supplier's Product Information or restrict service use in accordance with the Operating Policies:
• Where a court judgment or other authoritative interpretation by a relevant government agency is submitted finding that the Supplier's use of Product Information constitutes unfair competition under the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act") or violates relevant laws such as the Trademark Act
• Where a lawful rights holder asserts that the Supplier's use of Product Information infringes the rights holder's trademark rights, service mark rights, other intellectual property rights, or other lawful rights
• Where the Supplier uses Product Information that may cause confusion or mistake with another Supplier's Product Information, or uses information that includes other Product Information
• Where the Company reasonably determines it necessary and specifies in the Operating Policies, such as use of Product Information in violation of the Unfair Competition Prevention Act, the Internet Address Resources Act, the Trademark Act, the Copyright Act, other relevant laws, or these Terms
5. If a dispute arises with a third party in connection with information registered by the Supplier on the Service, the Supplier shall indemnify the Company and compensate for damages arising therefrom.Article 17 (Protection of Acquired Personal Information)
1. Suppliers may not use personal information of others, such as Consumers, acquired through use of the Service for purposes other than those set forth in these Terms, nor disclose it externally, such as by providing it to third parties, and must thoroughly protect it in accordance with relevant laws.
2. If a dispute arises with Consumers or others due to a Supplier's violation of this Article, the Supplier must indemnify the Company at their own effort and expense, and shall bear all civil and criminal legal liability.
Article 18 (Use of Products for Sale and Sales Management)
1. Registration and sale of products through the Service is possible after the Company's approval of Consumer registration, and the Supplier must directly register and manage information about products and services.
2. The Supplier is responsible for managing and operating product sales and detailed information through the Service in good faith so as not to violate applicable laws and these Terms.
3. The Supplier must appropriately manage matters subject to frequent change, such as registration/maintenance/deletion of products, and may not enter false data.
4. The Supplier may use the relevant products only for purposes determined by the Company, and may not provide information provided through the Service to third parties for purposes other than those under relevant laws and these Terms.
5. The Supplier must faithfully respond when the Company requests information and supporting materials necessary for service operation.
6. The Supplier must respond faithfully and accurately to Consumers' inquiries, and all responsibilities and obligations arising from the Supplier's inaccurate or unfaithful responses rest with the Supplier. Furthermore, if continuous disputes with Consumers arise due to violation of this paragraph, the Company may suspend the Supplier's service use or terminate their sales authority.
8. For products with no transaction history for one year or more after registration, the Company may delete the product or suspend its sale without separate notice, in order to improve product search efficiency and Consumer convenience.
9. The Supplier must accurately familiarize themselves with the service operating policies and announcements posted and provided by the Company through the Service, and the Company bears no responsibility for damages arising from failure to check or misunderstanding of such information.
Article 19 (Products Unsuitable for Sale)
1. If a registered product is unsuitable for online sale or distribution, such as a product unsuitable for sale under Paragraph 3 of this Article, the Company may delete, cancel, or suspend the registration of the relevant item ex officio or at the request of a rights claimant.
2. If a registered item violates laws or these Terms, harms public order and good morals, is otherwise related to circumvention of law or has such purposes, or where necessary under the Company's policies, the Company may delete, cancel, or suspend it ex officio.
3. The sale of the following products unsuitable for sale is prohibited, and all responsibility arising from selling such products shall be borne by the Supplier who registered the product:
• Products marketed through false or exaggerated advertising
• Products infringing others' rights, such as intellectual property rights (trademark rights, copyrights, etc.)
• Products subject to a sales suspension or hold decision (request) from relevant agencies
• Other products prohibited from handling under the Company's policies or contrary to public order and good moralsArticle 20 (Penalties and Suspension of Qualification)
1. To enhance the safety and reliability of transactions through the Service, the Company may suspend a Supplier's membership qualification or restrict service use in accordance with these Terms:
• Membership suspension and disadvantages based on penalties
(a) The Company evaluates Suppliers' transactions and assigns penalties to Suppliers. The Company assigns penalties based on product quality, performance, registration period, number of users, and evaluations over a certain period notified in advance by the Company, and depending on the Supplier's penalties, may provide certain benefits (or disadvantages) or suspend membership qualification.
• Suspension of use due to violation of usage rules, such as fraudulent transactions or registration of prohibited products, or other unlawful or improper acts
(b) The Company may suspend the membership qualification of Suppliers/Consumers or restrict service use if it is confirmed that grounds for refusal of approval under Article 4, Paragraph 4 exist, or if they violate these Terms, the Company's Operating Policies, or relevant laws, infringe others' rights, or there is reasonable cause to suspect such unlawful or improper acts.
(c) Specific criteria for suspension of Supplier qualification and restriction of service use shall be determined in the Operating Policies.Article 21 (Charging and Use of Points)
1. Supplier/Consumer members may pay for and use Points using payment methods determined by the Company.
2. Details regarding charging and use of Points follow the policies determined by the Company, and the Company informs members thereof through the Terms.
3. The charging unit is 1P = 1 KRW. (1P = 1 won)
4. The minimum amount per Point charge is 20,000P, and daily/monthly limits vary by card company.
5. Points charged by selling/using members are amounts exclusive of VAT.
6. The exchange rate standard on the English page is based on the final official exchange rate announced at the end of the previous month by an authoritative institution, applied from the 1st of the month of use.
7. Point deductions are made from free Points first among usable Points.
8. Revenue Points from node supply and free Points can only be used after conversion into usable Points.
9. Charged Points are non-transferable between users.
10. Revenue Points may be deleted if the member is classified as inactive under Company policy.
11. If a selling/using member acquires Points unjustly or fraudulently, the member may not use the Points, and the Company may recover them.
Article 22 (Point Cancellation and Refund)
1. Free Points granted by the Company to members can only be used within the validity period and are non-refundable.
2. Points charged for a fee are refundable only in the following cases:
• Points for which payment has been completed may be refunded through a refund request in accordance with policy
• Where the Service could not be used due to service failure or causes attributable to the Company/payment agency
3. Upon member withdrawal, Points held by the member are extinguished and are not subject to refund.Article 23 (Erroneous Payments)
1. When the Company or a member becomes aware of an erroneous payment, they shall notify the other party by one of the methods presented by the Company, such as telephone or email. In such cases, the Company may request information necessary for the refund, such as name, payment supporting documents, phone number, and the account to receive the refund, and the member must provide the information necessary for the refund.
2. If the Company refuses to refund an erroneous payment claimed by a member, the Company bears the burden of proving that the usage fee was lawfully charged.
3. Members' use of the services provided by the Company must be within the scope determined by these Terms and the Privacy Policy, and the Company shall not be liable for damages arising in connection with service use exceeding the permitted scope.
Article 24 (gcube Service)
1. Suppliers/Consumers may not use the gcube service and information generated through it to operate a service identical or similar to the services provided by the Company.
2. Suppliers/Consumers may not, without the Company's prior consent, reproduce, store, process, or distribute result data of the gcube service without authorization, or provide it to third parties.
3. Specific matters such as availability of the gcube service and detailed items of information provided may change according to the Company's circumstances.
4. The Company does not guarantee the accuracy, suitability, reliability, legitimacy, legality, or continuity of the results of using the gcube service, and bears no responsibility for consequences arising from use or inability to use the service.
5. The Company does not intervene in disputes arising between selling/consuming members or between selling/consuming members and third parties in connection with the gcube service, and bears no related responsibility. In the event of a dispute arising from use of the gcube service, the selling/consuming member shall bear all responsibility therefor, except where the Company is at fault, and shall indemnify and defend the Company at their own expense and effort, and compensate the Company for damages arising therefrom.
Article 25 (Termination of the Use Agreement)
1. The Company may terminate the Use Agreement concluded under Article 4 if any of the following occurs:
• Where the member violates these Terms or the Company's Operating Policies and fails to remedy the violation within 7 days after receiving a demand for correction from the Company
• Where performance of the Use Agreement is impossible due to suspension of transactions by financial institutions such as seizure or provisional seizure, commencement of rehabilitation or bankruptcy proceedings, administrative dispositions such as business suspension or revocation, preservation measures on major assets, business transfer, or merger
• Where the Company suffers tangible or intangible damage, such as damage to reputation, due to violation of relevant laws or reasons attributable to the seller/consumer
• Where it is confirmed that grounds for refusal of approval under Article 4, Paragraph 4 exist
3. When terminating the Use Agreement under this Article, the Company shall notify the seller/consumer by the methods set forth in Article 14. In such cases, the Company shall set a reasonable period before termination and provide the seller/consumer with an opportunity to raise objections.
4. If a Supplier/Consumer wishes to terminate the Use Agreement under these Terms, withdrawal and termination of the Use Agreement are possible in accordance with these Terms and the Operating Policies.Chapter 3: Revenue Settlement
Article 26 (Settlement)
1. When a settlement application filed by a Supplier receives final approval, the Company pays the amount, excluding usage fees by Supplier type in accordance with the billing policy, in line with the settlement schedule.
2. The minimum unit for a settlement application is 20,000P or more.
3. Settlement application amounts are paid only for approved cases, and payment is made at the end of the month following the approval date (applications in the current month are paid at the end of the following month).
4. The method of receiving settled amounts by Suppliers is bank account deposit. In principle, the account holder of the deposit account designated by the Supplier must be the same person as the Supplier. Debts such as costs arising from reasons attributable to the Supplier may be deducted from the relevant amount before withdrawal.
5. Detailed matters regarding sales settlement policy amounts follow the Company's policies.
6. If a transfer fails due to an error in the Supplier's account number, system error, suspension of use, etc., the Company is discharged from its obligation to pay the settlement amount by paying the settlement amount after confirming with the Supplier.
7. Refund of unused Points among a Consumer's paid charged Points and Points converted from revenue Points is possible through a refund request.
8. Free Points are not subject to settlement or refund.
9. When a Consumer applies for a refund of charged Points, a 10% fee is deducted from the unused portion before the refund is processed.
10. Consumer refund (settlement) applications follow the policies in Items 2 and 3 above.
Article 27 (Withholding of Settlement)
1. The Company may deduct from sales billing settlements various costs, such as damages incurred by the Company and using sharing members due to reasons attributable to the selling sharing member.
2. If there is a court decision such as provisional seizure, seizure, or collection order on sales proceeds upon application by a creditor of the selling sharing member, the financial entity may suspend settlement of sales billing until such decision is lifted through agreement between the selling sharing member and the creditor or repayment of the debt.
3. If the selling sharing member violates these Terms or there are reasonable circumstances to suspect a violation, the Company may withhold settlement of sales proceeds for a certain period for processing or cancellation of transactions.
Article 28 (Settlement Cancellation)
1. Settlement application amounts cannot be modified after the application is completed; if modification is needed, the settlement must be cancelled and reapplied.
2. Settlement cancellation can only be requested while in pending-receipt status, and cancellation cannot be withdrawn.
3. The Company may reject settlement if the Supplier falls under any of the following:
• Where the Supplier's information is missing or incorrectly entered
• Where the Supplier withdraws in the middle of the settlement process
In addition to the provisions of this Article, where required by law or where there are reasonable grounds such as non-compliance with anti-money-laundering obligations, the Company may notify the selling sharing member and withhold settlement of all or part of the sales billing for a certain period, or set off against claims the Company holds against the selling sharing member.Chapter 4: Damages and Other Matters
Article 29 (Confidentiality)
1. Suppliers/Consumers may not disclose to outside parties any information acquired in connection with use of the Service without the Company's written consent, nor use it for purposes other than these Terms.
2. The obligation in the preceding paragraph survives termination of the Use Agreement.
Article 30 (Prohibition of Transfer)
1. Suppliers/Consumers may not transfer any rights and obligations under these Terms to third parties or provide them as collateral without the Company's prior written consent.
2. If a seller/consumer violates this Article, the Company has the authority to refuse to provide the Service and may terminate the Use Agreement with the existing seller/consumer.
Article 31 (Compensation for Damages)
1. When the Company or a Supplier/Consumer causes damage to the other party or another member by violating these Terms due to their clear fault, the party at fault bears responsibility for compensation.
2. The Company bears no responsibility for the following damages arising without the Company's intent or negligence. Furthermore, to the extent permitted by law, the Company bears no responsibility for indirect damages, special damages, consequential damages, disciplinary damages, or punitive damages:
• Damages arising from natural disasters or comparable force majeure conditions
• Where service use is impaired due to reasons attributable to the Supplier
• Personal damages arising in the process of accessing or using the Service
• Damages arising from third parties unlawfully accessing or using the Company's servers
• Damages arising from third parties interfering with transmissions to or from the Company's servers
• Damages arising from third parties transmitting or distributing malicious programs
• Damages arising from omission, loss, or destruction of transmitted data; damages such as defamation arising in the course of third parties' use of the Service
• Other damages arising from causes without the Company's intent or negligence
3. Absent the Company's intent or negligence, the Company has no obligation to intervene in disputes arising between Suppliers or between Suppliers and third parties through the medium of the Service, and bears no responsibility to compensate for damages arising therefrom.
4. The Company bears no responsibility for a Supplier's failure to obtain expected profits from using the Service or for damages arising from use of information obtained through the Service.
5. If damage occurs to the Company due to a Supplier's violation of these Terms or relevant laws, the Company may claim damages against the Supplier. In such cases, the Supplier cannot be exempted from liability unless they prove the absence of intent or negligence.
6. The Company is exempted from related liability if it cannot provide the Service due to natural disasters or comparable force majeure.
7. The Company bears no responsibility for impairment of service use due to reasons attributable to the Supplier.Article 32 (Governing Law and Jurisdiction)
1. These Terms are governed by and performed under the laws of the Republic of Korea.
2. In the event of a dispute with a Supplier, the Company will consult in good faith to resolve it; nevertheless, if the dispute is not resolved, litigation regarding the dispute may be filed with the competent court under the Civil Procedure Act.
Article 33 (Service Failure and Recovery)
1. The Company shall promptly restore service within 6 hours during weekday business hours (09:00–18:00), or within 24 hours on legal holidays and weekends, from the time the Company becomes aware of a failure. However, the Company may temporarily suspend service provision when provision is impossible due to uncontrollable technical failures, causes attributable to third parties such as common carriers, natural disasters, national emergencies, or similar reasons.
Article 34 (Exemption of the Company)
1. The Company only provides the system for intermediary transactions between Suppliers and Consumers; in the event of a dispute regarding information on products registered by a Supplier or transactions with Consumers, the Company does not intervene in the dispute, and all responsibility resulting from the dispute is borne by the Supplier/Consumer. Furthermore, if a third party raises civil, criminal, or other issues against the Company, the Supplier/Consumer must actively cooperate to resolve the issue, and if damage occurs to the Company in this connection, they shall compensate for the damage. However, the Company bears responsibility for damages arising from the Company's intent or gross negligence.
2. Upon request by a lawful rights holder, the Company may delete or modify information on the relevant products, and Suppliers/Consumers may not claim damages against the Company for this.
3. The Company may provide purchasing members with methods to view Supplier information in accordance with relevant laws, and the Supplier bears all responsibility arising from failing to enter such information or entering it falsely.
4. The Company may temporarily suspend the provision of the gcube intermediary service when reasons such as repair, inspection, replacement, or breakdown of information and communication facilities such as computers, or interruption of communications occur, and the Company bears no responsibility in this connection absent intent or gross negligence.
5. The Company bears no responsibility for damages arising from Suppliers/Consumers arbitrarily disclosing or providing their personal information or login information to others.
6. The Company operates a customer VoC management team to reflect legitimate opinions or complaints raised by supplying/using members and to handle resulting damages.
7. The Company gives priority to handling complaints and opinions submitted by supplying/using members. However, if prompt handling is difficult, the Company shall immediately notify the user of the reason and the handling schedule.
8. In the event of a user's application for damage relief in connection with an electronic commerce dispute between the Company and a user, the matter may be subject to mediation by a dispute mediation agency commissioned by the Fair Trade Commission or a mayor/provincial governor.
9. The Company bears no responsibility whatsoever for damages to Suppliers/Consumers arising from neglect of the duty to check changes to relevant laws, the Terms of Use and Individual Terms provided by the Company, announcements, etc.
Article 35 (Competent Court)
1. If litigation is filed with the Company as a party regarding these Terms, the service use agreement between the Company and members, or disputes between members, the competent court shall be the court of jurisdiction under the Civil Procedure Act.
Article 36 (Application of These Terms)
1. Unless otherwise specified, these Terms take precedence over the Company's Terms of Use.
Effective Date: October 1, 2024