Term – DEVSTACK

DevStack Cloud Service Terms of Use

Chapter 1 General Rules

Article 1. Purpose

The purpose of this Agreement is to determine the terms of service use, the procedure of use and other necessary matters in the use of the Devstack Cloud service (hereinafter referred to as the “service”) provided by Devstack (hereinafter referred to as the “company”).

Article 2. Effect of Terms

This Agreement shall be effective for all personal and corporate customers (hereinafter referred to as “customers”) using the service.
The contents of these terms and conditions shall become effective by posting them on the online site of the service or otherwise disclosing them to the customer and signing a service contract with the customer who agrees to them.
The company publishes the contents of these terms and conditions (mutual, location, name of representative, contact, etc.) on its website for the customer to know.
The company can revise these terms and conditions within the scope of the Republic of Korea Act if deemed necessary. If the company revises the terms and conditions, it shall notify them of the date of application of the amendment and the reason for the revision to the initialization of the service with the current terms and conditions seven days before the date of the revision. In the event of a significant adverse change to the terms and conditions of the customer, the amendment shall be notified 30 days before the scheduled date of the revision and further notified to individual customers via electronic means, such as e-mailing.
If the company notifies or notifies the terms of the change in accordance with paragraph 4, and the customer does not express rejection until the date of application of the change, the customer will be deemed to have agreed to the change. If the customer does not agree to the terms and conditions of the change, the customer may suspend the use of this service or terminate the service contract.
By accepting this Agreement, Customer agrees to periodically visit the Company’s service site to confirm any changes to these Terms. The company shall not be held liable for customer damages caused by not having visited the service site regularly and not knowing the information on the terms and conditions of the change.

Article 3. Definition of Terms

The terms used in this Agreement are defined as follows:

“VM” is a virtual machine based on cloud computing.
“Container” means a lightweight, self-operating package that includes development environments such as development tools, libraries, and code.
“Bareemetal” means an environment in which the hypervisor is installed directly on the hardware without a host operating system and above it is installed and used by VM, container, and other operating systems.
“GPU (Graphics Processing Unit)” is a physical resource of computing designed to accelerate graphic processing or large amounts of parallel operations.
“Public IP” refers to an authorized IP address that is assigned to computer resources in a fixed way to identify computer resources on the Internet.
“Auto scaling” refers to the ability to automatically expand the processing capacity of a cloud server if the cloud server is under a load greater than the threshold set.
“Load balancing” refers to distributing loads to each individual server to eliminate the concentration of traffic on a particular server.
The snapshot, such as, if necessary, and Saves the current state of the refers to vm vm the speak to drive service.
“Image” refers to a template of operating systems, libraries, development tools, etc. that users can use quickly after running a VM.
“Cloud resources” refer to computing resources such as VM, Container, Barometric, Storage, GPU, Network, Public IP, Snapshot, etc. provided by the service.
“Period agreement” refers to a contract in which a customer uses services within a specified limit of a cloud resource for a specified period of time and pays a fixed cost to the company regardless of usage.
A “pay-as-you-go contract” refers to a contract in which a customer uses cloud resources for a certain period of time and pays the company the equivalent of the resource usage at the company-set intervals.

Chapter 2 Service Rate

Article 4. Calculating the Service Fee of an Arrangements Agreement

The service charges for the term agreement are determined by the company’s consultation with the customer based on the fee information posted on the company’s site.
In the event of a period agreement, the user will pay the costs specified in the contract for any period of time, regardless of the amount of cloud resources used, and will not be able to adjust the service charges by terminating. The available cloud resources are available within the limits set by the contract, and if additional cloud resources are required, you can change the term agreement or add additional contracts.

Article 5. Calculation of the service charges for a pay-as-you-go contract

The service charges and other related details of the pay-as-you-go contract will be posted on your company’s site.
The service charges for the pay-as-you-go contract are based on cloud resource usage from the commencement of the service.
Service charges shall be calculated on a monthly basis from the 1st of each month to the end of the month, but the calculation cycle of the service charges may vary based on consultation between the company and the customer.
Calculate the service charge by using a time system and calculate it to 1 hour if it is less than 60 minutes.
The use of resources allocated to the fixed-rate system of the service charge is not carried forward to next month, even if the remaining capacity is available.

Article 6. Charging and Payment of Service Charges in a Long-Term Payment Agreement

The company shall invoice the service charge incurred in the month in which the service was used, and the customer shall pay the service charge within the company-set payment deadline.
The company sends the service charge claim form to the customer to arrive at the customer five days before the payment deadline.
The company shall charge the unpaid and additional (1%) of the service charge used by the customer in addition to the service charge for the next month when the service charge has not been paid by the due date.
If the customer has an objection to the charged charge, they can file an objection within three months of the billing date. The company examines the validity of the objection within 14 days of receiving it and notifies the customer of the result.
In the event of overpayment of service charges, the company immediately takes action to return the service charges or deduct them from the next month’s fee upon request from the customer. If the customer has an outstanding service charge, they can first deduct any outstanding service charge from the return charge and return it.

Chapter 3 Contents of Service

Article 7. Type of service

The types of services provided by the company are as follows and may be added, deleted or changed in the future:

server resource	additional resources	additional function
– VM – Container – Baremetal – GPU	– Network (pay-as-you-go, straight-rate) – Server add-on disk (HDD, SSD) – Public IP – OS (Linux, Windows Server)	– Load balancing – Auto scaling – Snapshot – Image – Tensorflow Serving Cluster – Tensorflow model repository – Technical support

If the customer wishes to experience the service in advance, they will be given free trial opportunities for VMs that have been discussed with the company for a period. However, depending on your company’s policy, you can allocate different types of computing resources than paid VMs.
When using the service, it is recommended to encrypt and store sensitive data through encryption function, etc. The company is not liable for customer damage caused by data leakage.

Chapter 4 Terminating and Revoking a Contract

Article 8. Terminating the Term of the Contract

If the customer has a service contract with the company for a certain period of time, the contract will automatically terminate on the end of the contract specified in the service contract. In principle, cloud resources used by customers are deleted and data stored by customers is deleted.
However, under consultation between the company and the customer, the customer’s data can be maintained while it is backed up to the customer’s system. However, the resulting storage media and network usage fee will be charged separately.
If the customer wishes to extend the contract, they must notify the company five business days before the end of the contract.
A pay-as-you-go contract customer has no special agreements with the company (minimum usage, persistent storage, etc.) and without cloud resources the customer will not incur any costs within the contract. Nevertheless, if a customer wishes to terminate a pay-as-you-go contract, he or she can request cancellation online, by phone, fax or e-mail. In this case, the revocation request must be made 15 days before the cancellation date.
In the event that a customer terminates a pay-as-you-go contract, the company will measure the customer’s use of cloud resources from the 1st of the month to the end of the month and claim them in the following month.

Chapter 5. Compensation for damages

Article 9. Calculation of damages

If a system failure is suspected, the customer may file a written claim with the company for a system failure. The company shall measure the monthly availability rate, disability, cause of disability, and damages within five working days after receiving the claim and consult with the client.
The calculation method of monthly availability is as follows:
Monthly availability rate = 1 – [Total failure time due to failure due to reasons attributable to the company during one month of service use / month of service use]
* Months of service: This refers to a month of total actual service period over the past usage period.
* Fault Time: Measure the amount of time a customer has not used cloud resources from the point of reporting a failure (if the company recognizes a failure before the customer reports it).
In the event of a system failure due to the company’s responsibility and causing inconvenience and damage to customers, the company shall pay damages set out below. The damages method shall apply the damage discount rate to the monthly usage fee as specified below and shall request a discount in the following month:
Service Type monthly availability rate Damage discount rate (%)
Server 99.9% or more ~ 99.95% 10%
99.5% or more ~ 99.9% 20%
Less than 99.5% 30%
Server 99.0% or more ~ 99.9% 10%
Less than 99.0% 25%
Customers are obligated to store and back up data on their servers on a regular basis. The company shall not be held liable for leakage of information due to external intrusion, data deletion or arbitrary change during operation, data deletion by the customer’s own work, or arbitrary change.

Service Type	monthly availability rate	Damage discount rate (%)
Server	99.9% or more ~ 99.95%	10%
99.5% or more ~ 99.9%	20%
Less than 99.5%	30%
Server	99.0% or more ~ 99.9%	10%
Less than 99.0%	25%

In the event that the customer’s data has been deleted or tampered with due to the company’s responsibility, resulting in irreparable damage to the customer’s performance, the company shall apply the following damage compensation criteria:

Type	Operation Usage Period	Amount of damage
90% or more of the original data is recoverable in one day	for more than a month	10% of the previous monthly fee
90% or more of the original data is recoverable in one day	less than a month	10% of the last charge
90% or more of the original data cannot be recovered, or the recovery takes more than a day	for more than a month	30% of the previous monthly fee
	less than a month	30% of the last charge

The company’s liability for damages to customers due to system failure is limited to damages caused by paragraphs 1 to 5. Except for this, the company has no additional damages.
The amount of damages incurred by the company pursuant to paragraphs 1 to 5 shall, in no case, exceed 1.5 times the average monthly service charge of the customer.

Article 10. Disclaimer

Customer will not be able to claim damages to the Company for data erasure or arbitrary changes if cloud resources are stopped, terminated, or deleted at the request of the customer.
The company shall not assume civil or criminal responsibility for copyright infringement, violation of the law, or legal disputes with a third party while the customer is using the company’s service.
If a customer receives objections such as a claim for damages from another person for copyright infringement, violation of the law, or legal dispute with a third party, the customer shall not only indemnify the company but also handle objections from others at his own expense and responsibility. In addition, in the event of a loss to the Company, Customer shall indemnify the Company for all damages and related expenses incurred by the Company, including legal costs.
The company shall not be liable for damages for system failures or data loss caused by any of the following reasons:
1. In case some or all of the services are stopped during the regular inspection time from 1 a.m. to 6 a.m. every Sunday.
2. In case the company notifies the service inspection in advance and there is no intentional or gross negligence of the company.
3. In case of service interruption due to the company’s unavoidable reasons (genius, national emergency, etc.)
4. In case of service interruption due to electrical accidents and network failures outside the company’s control.
5. In case the company’s service fails due to installed hardware, software, and data that is directly or by request from the customer to the company.
6. If the company determines that the installed hardware, software, and data are legally prohibited, may be copyrighted, or cause a service failure, and the customer has stopped the service.
7. In case a customer fails to receive service-related instructions due to incorrect initial information or notification of changes to the customer’s contract information, such as emergency contact information, and thus results in a disadvantageous profit.
8. In case of service interruption to prevent the spread of customer incidents on cloud resources
9. Customers use cloud resources provided by the company for free.
10. In case of service failure by other customers

Chapter 6 Other Matters

Article 11. Other Matters

If the company provides technical support to the customer, it shall not, in any case, determine the possibility of copyright infringement, violation of the law, or legal dispute with a third party, and shall not, by the opinion of the company or its employees, relieve or transfer responsibility of the customer’s responsibilities or transfer to the company or its employees.
The company may limit the customer’s cloud resources or terminate the contract if:
1. Customers use cloud resources to violate local and international related laws.
2. In case the government department and its affiliates request a customer’s suspension for a reasonable reason.
3. Customer has failed or intentionally penetrated the company’s system.
4. Re-sale or re-lease the company’s cloud resources to a third party without the company’s consent.
5. Other serious impediments to the company’s business.
Because of the nature of cloud systems accessible over the Internet, the company is not responsible for the systems, procedures and training related to information security, customers must have their own information security related information security. The company is not responsible for any security incidents that occur on servers operated by customers in the cloud.
Licensing costs and legal disputes arising from software arbitrarily installed by the customer shall be resolved at the customer’s own cost and responsibility, and the company shall not be held liable for them.

(Enforcement date)

These terms and conditions will take effect on 23 October 23, 2017.
These Terms and Conditions have been amended on 16 March 2018.