katalitic Customer Agreement
1. Use of the Service Offerings.
1.1 Generally.
1.2 Your Account.
1.3 Third-Party Content.
2. Changes.
2.1 To the Service Offerings.
3. Security and Data Privacy.
3.1 Security.
3.2 Data Privacy.
3.3 Service Attributes.
4. Your Responsibilities.
4.1 Your Accounts.
4.2 Your Content.
4.3 Your Security and Backup.
4.4 Log-In Credentials and Account Keys.
5. Fees and Payment.
5.1 Service Fees.
5.2 Taxes.
6. Temporary Suspension.
6.1 Generally.
6.2 Effect of Suspension.
7. Term; Termination.
7.1 Term.
7.2 Termination.
(a) Termination for Convenience. You may terminate this Agreement for any reason by providing us notice and closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you at least 15 days’ advance notice.
(b) Termination for Cause.
(i) By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 15 days from receipt of notice by the other party. No later than the Termination Date, you will close your account.
(ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause if we have the right to suspend under Section 6, (B) if our relationship with a third-party partner who provides software or other technology we use to provide the Service Offerings expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, or (C) in order to comply with the law or requests of governmental entities.
7.3 Effect of Termination.
(a) Generally. Upon the Termination Date:
(i) except as provided in Section 7.3(b), all your rights under this Agreement immediately terminate;
(ii) you remain responsible for all fees and charges you have incurred through the Termination Date and are responsible for any fees and charges you incur during the post-termination period described in Section 7.3(b);
(iii) you will immediately return or, if instructed by us, destroy all “katalitic” Content in your possession; and
(iv) Sections 4.1, 5, 7.3, 8 (except the license granted to you in Section 8.4), 9, 10, 11, 13 and 14 will continue to apply in accordance with their terms.
(b) Post-Termination. Unless we terminate your use of the Service Offerings pursuant to Section 7.2(b), during the 15 days following the Termination Date:
(i) we will not take action to remove from the “katalitic” systems any of Your Content as a result of the termination; and
(ii) we will allow you to retrieve Your Content from the Services only if you have paid all amounts due under this Agreement.
For any use of the Services after the Termination Date, the terms of this Agreement will apply and you will pay the applicable fees at the rates under Section 5.
8. Proprietary Rights.
8.1 Your Content.
8.2 Your Submissions.
8.3 Adequate Rights.
(a) you or your licensors own all right, title, and interest in and to Your Content, Your Submissions and Suggestions;
(b) you have all rights in Your Content, Your Submissions and Suggestions necessary to grant the rights contemplated by this Agreement; and
(c) none of Your Content, Your Submissions or End Users’ use of Your Content, Your Submissions or the Service Offerings will violate the Acceptable Use Policy.
8.4 Service Offerings License.
(a) access and use the Services solely in accordance with this Agreement; and (b) copy and use the “katalitic” Content solely in connection with your permitted use of the Services.
Except as provided in this Section 8.4, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Service Offerings, including any related intellectual property rights. Some “katalitic” Content and Third-Party Content may be provided to you under a separate license, such as the Apache License, Version 2.0, or other open source license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to the “katalitic” Content or Third-Party Content that is the subject of such separate license.
8.5 License Restrictions.
8.6 Suggestions.
9. Indemnification.
9.1 General.
9.2 Process.
10. Disclaimers.
11. Limitations of Liability.
12. Modifications to the Agreement.
13. Miscellaneous.
13.1 Assignment.
13.2 Entire Agreement.
13.3 Force Majeure.
13.4 Governing Law.
13.5 Disputes. Any dispute or claim relating in any way to your use of the Service Offerings, or to any products or services sold or distributed by Virtual Lab will be resolved in Seoul Central District court of Rebublic of Korea. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
13.6 Trade Compliance.
13.7 Independent Contractors; Non-Exclusive Rights.
13.8 Language.
13.9 Confidentiality and Publicity.
13.10 Notice.
(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the “katalitic” Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the “katalitic” Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Agreement, you must contact Virtual Lab as follows: (i) by telephone to +82-2-3293-0204 ; or (ii) by personal delivery, overnight courier or registered or certified mail to Virtual Lap, Inc., 38 Wangsimni-ro, Seongdong-gu, Seoul, South Korea. We may update the telephone number or address for notices to us by posting a notice on the “katalitic” Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
13.11 No Third-Party Beneficiaries.
13.12 Government of Republic of Korea Rights.
13.13 No Waivers.
13.14 Severability.
14. Definitions.
“Account Information” includes names, usernames, phone numbers, email addresses and billing information associated with your “katalitic” account.
“API” means an application program interface.
“katalitic Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. “katalitic” Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. “katalitic” Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the “katalitic” Confidential Information.
“katalitic Content”means Content we or any of our affiliates make available in connection with the Services or on the “katalitic” Site to allow access to and use of the Services, including APIs; WSDLs; Documentation; sample code; software libraries; command line tools; proofs of concept; templates; and other related technology (including any of the foregoing that are provided by our personnel). “katalitic” Content does not include the Services or Third-Party Content.
“katalitic Marks” means any trademarks, service marks, service or trade names, logos, and other designations of “katalitic” and its affiliates that we may make available to you in connection with this Agreement.
“katalitic Site” means https://www.katalitic.io (and any successor or related site designated by us), as may be updated by us from time to time.
“Content” means software (including machine images), data, text, audio, video or images.
“Documentation” means the user guides and admin guides (in each case exclusive of content referenced via hyperlink) for the Services located at https://docs.katalitic.io (and any successor or related locations designated by us), as such user guides and admin guides may be updated by Virtual Lab from time to time.
“Indirect Taxes”means applicable taxes and duties, including, without limitation, VAT, Service Tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax.
“Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).
“Policies” means the Acceptable Use Policy, Privacy Policy, the Site Terms, the Service Terms, the Trademark Use Guidelines, all restrictions described in the “katalitic” Content and on the “katalitic” Site, and any other policy or terms referenced in or incorporated into this Agreement, but does not include whitepapers or other marketing materials referenced on the “katalitic” Site.
“Privacy Policy”means the privacy policy located at https://www.katalitic.io/privacy (and any successor or related locations designated by us), as it may be updated by us from time to time.
“Service” means each of the services made available by us or our affiliates, including those web services described in the Service Terms. Services do not include Third-Party Content.
“Service Attributes” means Service usage data related to your account, such as resource identifiers, metadata tags, security and access roles, rules, usage policies, permissions, usage statistics and analytics.
“Service Offerings”means the Services (including associated APIs), the “katalitic” Content, the “katalitic” Marks, and any other product or service provided by us under this Agreement. Service Offerings do not include Third-Party Content.
“Suggestions”means all suggested improvements to the Service Offerings that you provide to us.
“Term” means the term of this Agreement described in Section 7.1.
“Termination Date” means the effective date of termination provided in accordance with Section 7, in a notice from one party to the other.
“Third-Party Content” means Content made available to you by any third party on the “katalitic” Site or in conjunction with the Services.
“Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your “katalitic” account and any computational results that you or any End User derive from the foregoing through their use of the Services.
“Your Submissions” means Content that you post or otherwise submit to developer forums, sample code repositories, public data repositories, or similar community-focused areas of the “katalitic” Site, or any other part of the “katalitic” Site that allows third parties to make available software, products or data.
Enforced Aug 25, 2022
Privacy Policy
This Privacy Policy (the "Policy") explains the way of treatment of the information which is provided or collected in the websites on which this Policy is posted. In addition the Policy also explains the information which is provided or collected in the course of using the applications of the Company which exist in the websites or platforms of other company.
Through this Policy, the Company regards personal information of the users as important and inform them of the purpose and method of Company's using the personal information provided by the users and the measures taken by the Company for protection of those personal information.
This Policy will be effective on the 17th day of Nov., 2020 and, in case of modification thereof, the Company will make public notice of it through posting it on the bulletin board of Company's website or individual notice through sending mails, fax or e-mails).
1. Information to be collected and method of collection
(1) Personal information items to be collected
Personal information items to be collected by the Company are as follows:
| Items to be collected | |
| Signup | email address, name |
| Payment Service(Stripe) | Name on card, Country or region, Card Number, Expiration date, Address |
(2) Method of collection
The Company collects the information of users in a way of the followings:
- webpage, written form, fax, telephone calling, e-mailing, tools for collection of created information
- provided by partner companies
2. Use of collected information
The Company uses the collected information of users for the following purposes:
- Member management and identification
- To detect and deter unauthorized or fraudulent use of or abuse of the Service
- Performance of contract and service fee settlement regarding provision of services demanded by the users
- Improvement of existing services and development of new services
- Making notice of function of company sites or applications or matters on policy change
- To help you connect with other users you already know and, with your permission, allow other users to connect with you
- To make statistics on member’s service usage, to provide services and place advertisements based on statistical characteristics
- To provide information on promotional events as well as opportunity to participate
- To comply with applicable laws or legal obligation
- Use of information with prior consent of the users (for example, utilization of marketing advertisement)
3. Sharing collected information
Except for the following cases, the Company will not share personal information with a 3rd party:
when the sharing is required by the laws- if required to be disclosed by the laws and regulations; or
- if required to be disclosed by the investigative agencies for detecting crimes in accordance with the procedure and method as prescribed in the laws and regulations
4. Cookies, Beacons and Similar Technologies
The Company may collect collective and impersonal information through 'cookies' or 'web beacons'. Cookies are very small text files to be sent to the browser of the users by the server used for operation of the websites of the Company and will be stored in hard-disks of the users' computer. Web beacon is a small quantity of code which exists on the websites and e-mails. By using web beacons, we may know whether a user has interacted with certain webs or the contents of email.
These functions are used for evaluating, improving services and setting-up users' experiences so that much improved services can be provided by the Company to the users The items of cookies to be collected by the Company and the purpose of such collection are as follows:
- Check whether login is made on website
- Check whether the users are connected with correct services of the website of the Company while the Company changes the way of operating its website
- Connect the users with certain application or server of the services
The users have an option for cookie installation. So, they may either allow all cookies by setting option in web browser, make each cookie checked whenever it is saved, or refuses all cookies to be saved: Provided that, if the user rejects the installation of cookies, it may be difficult for that user to use the parts of services provided by the Company.
5. Users' right to access and option
The users or their legal representatives, as main agents of the information, may exercise the following options regarding the collection, use and sharing of personal information by the Company:
- exercise right to access to personal information;
- make corrections or deletion;
- make temporary suspension of treatment of personal information; or
- request the withdrawal of their consent provided before
If, in order to exercise the above options, you, as an user, use the menu of amendment of member information of webpage or contact the Company by using representative telephone or sending a document or e-mails, or using telephone to the responsible department (or person in charge of management of personal information), the Company will take measures without delay: Provided that the Company may reject the request of you only to the extent that there exists either proper cause as prescribed in the laws or equivalent cause.
6. Security
The Company regards the security of personal information of uses as very important. The company constructs the following security measures to protect the users' personal information from any unauthorized access, release, use or modification
- Encryption of personal information
- Transmit users' personal information by using encrypted communication zone
- Store important information such as passwords after encrypting it
- Countermeasures against hacking
- Install a system in the zone the external access to which is controlled so as to prevent leakage or damage of users' personal information by hacking or computer virus
- Establish and execute internal management plan
- Install and operate access control system
- Take measures to prevent forging or alteration of access record
7. Protection of personal information of children
In principle, the Company does not collect any information from the children under 13 or equivalent minimum age as prescribed in the laws in relevant jurisdiction. The website, products and services of the Company are the ones to be provided to ordinary people, in principle. The website or application of the Company has function to do age limit so that children cannot use it and the Company does not intentionally collect any personal information from children through that function.
(Additional procedure for collecting personal information from children) However, if the Company collects any personal information from children under 13 or equivalent minimum age as prescribed in the laws in relevant jurisdiction for the services for unavoidable reason, the Company will go through the additional procedure of the followings for protecting that personal information of children:
- obtain consent from the parents or guardian of children so as to collect personal information of children or directly send the information of products and services of the Company
- give the parents or guardian of children a notice of Company's policy of privacy protection for children including the items, purpose and sharing of personal information collected
- grant to legal representatives of children a right to access to personal information of that children/correction or deletion of personal information/temporary suspension of treatment of personal information/ and request for withdrawal of their consent provided before
- limit the amount of personal information exceeding those necessary for participation in online activities
8. Modification of Privacy Protection Policy
The Company has the right to amend or modify this Policy from time to time and, in such case, the Company will make a public notice of it through bulletin board of its website (or through individual notice such as written document, fax or e-mail) and obtain consent from the users if required by relevant laws.
9. Others
- Data Transmission
Considering it engages in global businesses, the Company may provide the users' personal information to the companies located in other countries for the purpose as expressly stated in this Policy. For the places where the personal information is transmitted, retained or processed, the Company takes reasonable measures for protecting that personal information.
(If used in the US, additional security measures may be available) In addition, when the personal information obtained from the European Union is used or disclosed, the Company may have to comply with safe harbor principle as required by the Commerce Department of USA, take other measures or obtain consent from users so far as those complies with the regulations of EU so as to use a standardized agreement provision approved by executing organizations of EU or securing proper safe measures. - Guide for users residing in California
If the user resides in California, certain rights may be given. The Company prepares preventive measures necessary for protecting personal information of members so that the Company can comply with online privacy protection laws of California. In case of leakage of personal information, a user may request the Company to check the leakage. In addition, all the users in the website of the Company, can modify their information at any time by using the menu for changing information by connecting their personal account. Moreover, the Company does not trace the visitors of its website nor use any signals for 'tracing prevent'. The Company will not collect and provide any personal identification information through ad services without consent of users. - Guide for users residing in Korea
The Company guides several additional matters to be disclosed as required by the information network laws and personal information protection laws in the Republic of Korea as follows:Items to be collected Signup email address, name Payment Service(Stripe) Name on card, Country or region, Card Number, Expiration date, Address
10. Responsible department of Company
The Company designates the following department and person in charge of personal information in order to protect personal information of customers and deal with complaints from customers:
Department responsible for privacy protection and customer service
- Tel +82 2 3293 0204
- E-mail: support@katalitic.io
- The latest update date: Aug 25, 2022