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Cloudbric VPN Terms of Service

Article 1 (Purpose)

These Terms of Service (the “Terms”) set out the basic matters concerning use of the Cloudbric VPN service provided by Penta Security Inc. (the “Company”), including the rights, obligations and responsibilities of the Company and the User and the conditions and procedures for using the service.

Article 2 (Definitions of Terms)

(1) The terms used in these Terms have the following meanings:

    1. “Service” means the virtual private network (VPN) application provided by the Company for installation on mobile devices and personal computers, and all services incidental thereto.
    2. “User” means a person who has agreed to these Terms, entered into a service agreement with the Company and uses the Service.
    3. “Account” means the email address and password registered by the User in order to identify the User and to use the Service.
    4. “Paid Service” means a Service used by the User upon payment of a fee.
    5. “Subscription” means a form of using a Paid Service under which the fee is charged for a period selected by the User and the term of use is renewed automatically.
    6. “App Marketplace” means an electronic distribution platform on which the Company’s application is registered and distributed, such as Google Play and the App Store.

(2) Any term not defined in these Terms has the meaning given by applicable law and general commercial practice.

Article 3 (Publication and Amendment of the Terms)

(1) The Company shall post these Terms within the Service so that the User can easily review them.

(2) The Company may amend these Terms to the extent that the amendment does not violate applicable law. In such case the Company shall announce the amended content and its effective date within the Service from 7 days before the effective date. Where the amendment is unfavorable to the User, the Company shall make the announcement from 30 days before the effective date and shall give individual notice to the User by email or a similar method.

(3) Where the Company, in giving the announcement or notice under paragraph (2), has also stated that the User will be deemed to have agreed to the amendment if the User does not express refusal by the effective date, and the User does not expressly refuse, the User shall be deemed to have agreed to the amended Terms.

(4) A User who does not agree to the amended Terms may terminate the service agreement under Article 5.

Article 4 (Formation of the Service Agreement)

(1) The service agreement is formed when the User agrees to these Terms and applies for use in accordance with the procedure established by the Company, and the Company accepts the application.

(2) The Company may refuse to accept an application falling under any of the following:

    1. the application is made using another person’s name or information;
    2. the particulars entered in the application are false;
    3. the applicant’s service agreement was terminated under Article 5(4) and the period set out in Article 6(3) has not elapsed;
    4. the Company has insufficient available facilities or there is a technical impediment;
    5. the application otherwise violates applicable law or these Terms.

(3) Where the Company refuses or withholds acceptance on the ground of paragraph (2), item 4, the Company shall inform the applicant of the reason.

(4) The User shall promptly correct the particulars entered in the application if they change.

(5) The Service is available only to persons aged 16 or older. The User shall confirm at the time of application that the User is aged 16 or older, and the Company may refuse an application by, or terminate the service agreement with, a person under the age of 16.

Article 5 (Termination of the Service Agreement)

(1) The User may apply to terminate the service agreement at any time through the settings screen within the Service, and the Company shall process the application without delay except where applicable law provides otherwise.

(2) Where a User of a Paid Service terminates the service agreement under paragraph (1), cancellation of the Subscription and refund of the fee are governed by Articles 15 and 16.

(3) Upon termination of the service agreement, the User’s information shall be destroyed, except for information retained under applicable law or the Company’s privacy policy.

(4) The Company may terminate the service agreement, having notified the User of the reason and the time of termination, in any of the following cases:

    1. a ground under any item of Article 4(2) is identified after the service agreement has been formed;
    2. the User engages in an act prohibited under Article 12;
    3. the User breaches these Terms and fails to cure the breach although the Company has required the User to do so within a specified period.

(5) Where the Company terminates the service agreement under paragraph (4), the Company shall give the User an opportunity to explain. However, where the User’s conduct is causing significant disruption to other Users’ use of the Service or to the Company’s operation of the Service, the Company may first suspend use of the Service and then give the opportunity to explain.

(6) Even where the Company has terminated the service agreement under paragraph (4), the portion of the fee already paid by the User corresponding to the unused period shall be refunded in accordance with Article 16(9).

(7) Where the User is unable to cancel a Subscription owing to the policy of an App Marketplace or to technical reasons, the Company shall, at the User’s request, provide guidance on the method of cancellation; if, notwithstanding such guidance, cancellation does not take effect and a fee is charged, the matter shall be handled in accordance with Article 16(6) and (9).

Article 6 (Restriction of Use and Restriction on Re-registration)

(1) Where the User breaches these Terms, the Company may restrict use of the Service in the order of warning, suspension of use for a specified period, and termination of the service agreement, according to the nature and severity of the breach. However, where the breach is serious and causes significant disruption to the normal operation of the Service, the Company need not follow that order.

(2) Where the Company restricts use of the Service under paragraph (1), the Company shall notify the User of the reason and the period.

(3) A User whose service agreement has been terminated under Article 5(4) may not apply for use again for one year from the date of termination.

(4) Where the User has terminated the service agreement under Article 5(1), the Company may restrict applications made using the same email address for one year from the date of termination, in order to prevent duplicate use of benefits through repeated registration and termination and to prevent abuse of the Service.

(5) The User may object to a measure taken under paragraph (1), and where the Company finds the objection well-founded it shall resume the User’s use of the Service without delay.

Article 7 (Provision of the Service)

(1) The Company provides the User with communication connections through a virtual private network (VPN) and with functions incidental thereto; the specific content of the functions provided is set out within the Service.

(2) The Service is in principle provided 24 hours a day, throughout the year.

(3) Where necessary for operational reasons such as inspection, maintenance or replacement of service facilities, the Company may suspend provision of the Service for a certain period, in which case it shall inform the User of the reason and the details by the method set out in Article 9(1) at least 3 business days before the suspension. However, where urgent suspension is necessary, the Company may give such information within 48 hours after the suspension.

(4) The types and content of the Service provided by the Company and the configuration of the servers available for connection may vary depending on the laws of each country, the communications environment and the circumstances of partner operators.

(5) The Service provides a function that encrypts and transmits the User’s communications. Communication speed may vary depending on the speed of the network used by the User, the performance of the User’s device and the location of the server to which the User connects.

Article 8 (Change and Suspension of the Service)

(1) The Company may change the content of the Service as necessary for operational or technical reasons.

(2) Where the Company changes the content of the Service under paragraph (1), it shall announce the change and its effective date within the Service from 7 days before the effective date. Where the change is unfavorable to the User, the Company shall make the announcement from 30 days before the effective date and shall give individual notice by email or a similar method.

(3) The Company may restrict or suspend all or part of the Service in any of the following cases:

    1. an event of force majeure such as a natural disaster, war or riot occurs;
    2. an event beyond the Company’s control occurs, such as interruption of telecommunications services by a network operator;
    3. normal provision of the Service is difficult owing to a failure of service facilities or a sharp increase in usage;
    4. provision of the Service is restricted by the laws of a country or by a measure of a regulatory authority.

(4) Where the Company restricts or suspends the Service under paragraph (3), it shall announce the reason and the period within the Service.

(5) Where the Company permanently discontinues provision of the Service, it shall announce that fact from 60 days before the date of discontinuation and shall give individual notice by email or a similar method, and shall cease accepting new payments for Paid Services at the same time as the announcement. Users who, as of the date of discontinuation, have an unused period remaining shall be refunded the fee corresponding to that period.

Article 9 (Provision of Information and Transmission of Advertising Information)

(1) The Company shall inform the User of matters necessary for the operation of the Service, such as notices, amendments to these Terms and to the privacy policy, and matters concerning payment and refund of fees, by announcement within the Service or by email, in-app notification or a similar method.

(2) Information under paragraph (1) is essential to use of the Service and the User may not refuse to receive it. However, the User may refuse to receive in-app notifications through the device settings.

(3) The Company transmits advertising information only where the User has consented in advance to receive it, and the User may withdraw that consent at any time.

(4) The Company does not transmit advertising information by in-app notification between 9 p.m. and 8 a.m. on the following day. This does not apply where separate consent to transmission during those hours has been obtained in accordance with applicable law.

Article 10 (Obligations of the Company)

(1) The Company shall comply with applicable law and these Terms and shall endeavor to provide the Service continuously and stably.

(2) Where the Company finds an opinion or complaint raised by the User to be justified, it shall address it; where handling requires a considerable period, the Company shall inform the User of the reason and the schedule for handling it.

Article 11 (Obligations of the User)

(1) The User shall comply with these Terms and applicable law.

(2) The User shall enter accurate information when applying for use and shall promptly correct that information if it changes.

(3) The User shall manage the User’s Account and password and shall not allow a third party to use them or assign or lend them.

(4) Where the User becomes aware that the User’s Account has been misappropriated or is being used by a third party, the User shall promptly inform the Company and follow the Company’s guidance.

(5) The User shall ascertain and comply with the laws of the country in which the User uses the Service.

Article 12 (Prohibited Acts)

(1) The User shall not engage in any of the following acts:

    1. using the Service to violate applicable law;
    2. using the Service to infringe the rights or reputation of others;
    3. using the Service to gain unauthorized access to another person’s information and communications network or information processing device, to attack a network, or otherwise to interfere with its operation;
    4. using the Service to distribute malicious code or to transmit spam or other bulk advertising information;
    5. using the Service for fraud, unlawful movement of funds, unlawful acts relating to virtual assets, or phishing;
    6. using the Service for business purposes, or reselling it to a third party, without the Company’s prior consent;
    7. reverse engineering the Service or circumventing its technical protection measures;
    8. accessing the Service by automated means or otherwise interfering with the normal operation of the Service;
    9. using another person’s Account or payment method without authorization;
    10. interfering with the Company’s business or damaging the Company’s reputation;
    11. otherwise violating these Terms or applicable law or interfering with the normal operation of the Service.

(2) Where the User breaches paragraph (1), the Company may restrict use of the Service under Article 6 or terminate the service agreement under Article 5(4).

(3) Where a breach of paragraph (1) by the User causes damage to the Company, compensation is governed by Article 19.

Article 13 (Intellectual Property Rights and Prohibition of Assignment)

(1) Intellectual property rights in the Service and in the software, trademarks, designs, text and graphics contained in the Service belong to the Company or to the rightful holder.

(2) The Company grants the User only the right to use the Service on the conditions set out in these Terms, and the User may not dispose of that right by reproducing, distributing or lending it or by providing it as security.

(3) The User may not assign or lend the User’s position under the service agreement or the Account to a third party, or provide them as security.

Article 14 (Paid Services and Payment)

(1) The Company shall display within the Service the types of Paid Services, the fees, the term of use and the payment methods.

(2) Fees for Paid Services are charged through the App Marketplace selected by the User or through a payment service provider designated by the Company.

(3) A Paid Service agreement is formed when the User completes payment, and the term of use runs from the time payment is completed.

(4) The procedures and methods for payment and refund follow the policies of the App Marketplace or payment service provider used by the User. Those policies do not exclude the obligations of the Company under mandatory consumer protection law.

(5) The Company may change the fees, and changed fees apply to payments newly made after the change. Where the Company increases a fee, it shall announce the increase within the Service from 30 days before the effective date and shall give individual notice by email or a similar method.

(6) Where a fee is not paid, retry of payment and termination of the Subscription are handled in accordance with the policies of the App Marketplace or payment service provider used by the User.

(7) Where a minor has paid a fee for a Paid Service without the consent of a legal representative, the minor or the legal representative may cancel that payment. This does not apply where a statutory exception applies, such as where the payment was made out of property that the legal representative permitted the minor to dispose of, or where the minor caused the Company to believe by deception that the legal representative had consented.

Article 15 (Automatic Renewal of a Subscription)

(1) Unless cancelled by the User, a Subscription is renewed automatically on the same conditions as before upon expiry of the term of use, and the fee is charged to the payment method registered by the User.

(2) The User may check the next renewal date and the amount to be charged on the subscription management screen of the App Marketplace.

(3) Where a Subscription is renewed at an increased fee, the Company shall give prior announcement and individual notice in accordance with Article 14(5).

(4) The User may cancel a Subscription at any time on the subscription management screen of the App Marketplace or by a method designated by the Company. Upon cancellation, the Subscription ends on the expiry date of the term of use already paid for, and the User may continue to use the Service during that term.

(5) Where a request to cancel a Subscription does not arrive before the renewal payment is made, that renewal payment is valid, and refund is governed by Article 16.

(6) Where the User is unable to cancel a Subscription owing to the policy of an App Marketplace or to technical reasons, Article 5(7) applies.

Article 16 (Withdrawal and Refund)

(1) The User may withdraw the purchase within 7 days from the date of payment of the fee for a Paid Service, or within any longer period required by the law of the country in which the User has habitual residence. However, withdrawal may be restricted, to the extent permitted by applicable consumer protection law, in respect of the portion of the Service the use of which has commenced.

(2) Where a ground for restriction under the proviso to paragraph (1) exists, the Company shall display that fact on the payment screen or elsewhere so that the User can easily become aware of it.

(3) Notwithstanding paragraph (1), where the User requests a refund within 30 days from the date of payment, the Company shall refund the full amount of the fee already paid, regardless of whether the User has used the Service. This refund is limited to one per Account.

(4) Where the User requests a refund during the term of use after the period in paragraph (3) has elapsed, the Company shall refund, calculated on a daily basis, the portion of the fee already paid corresponding to the unused period.

(5) Refunds under paragraphs (3) and (4) are made through the App Marketplace or payment service provider to which the User paid the fee.

(6) Where the Company is unable to process a refund directly owing to the policy of an App Marketplace operator, the Company may, in consultation with the User, provide an equivalent to the refund by extending the term of use or by providing a means of payment usable within the Service. Where no agreement is reached, the Company shall pay the relevant amount to the User directly.

(7) The time taken for a refund may vary depending on the User’s payment method and the processing procedures of the App Marketplace or payment service provider.

(8) The Company shall commence the refund procedure within 3 business days from the date on which it confirms the ground for the refund. Where the Company is unable to process the refund directly, the procedure is deemed to have commenced when the Company has provided the User with guidance on the refund procedure of the relevant App Marketplace or payment service provider.

(9) Where the Company has terminated the service agreement under Article 5(4), or where a ground under Article 5(7) arises, the Company shall refund, calculated on a daily basis, the portion of the fee already paid by the User corresponding to the unused period. Paragraphs (5) and (6) apply mutatis mutandis to the method of processing such refund.

Article 17 (Exemption of the Company)

(1) Where the Company is unable to provide the Service owing to force majeure such as a natural disaster, war, riot or interruption of telecommunications services by a network operator, the Company shall not be liable to that extent.

(2) The Company shall not be liable for impediments to use of the Service arising from causes attributable to the User.

(3) The Company shall not be liable for the content of, or the results of using, third-party websites, applications or content accessed by the User through the Service.

(4) The Company shall not be liable for damage incurred by the User as a result of the User violating applicable law through use of the Service.

(5) The Company shall not be liable for damage arising from the User’s failure to manage the Account and password. This does not apply where the damage is caused by the intent or negligence of the Company.

(6) The Company shall not be liable for damage incurred by the User as a result of restriction or suspension of the Service under Article 8(3). This does not apply where the damage is caused by the intent or negligence of the Company.

Article 18 (Limitation of Liability)

(1) Where the Company causes damage to the User intentionally or through gross negligence, the Company shall compensate that damage.

(2) Where the Company causes damage to the User through ordinary negligence, the Company shall compensate ordinary damages, and the amount of compensation is limited to the aggregate of the fees paid by the User to the Company during the 12 months preceding the month in which the damage occurred.

(3) Paragraph (2) does not apply to damage to the life or body of the User or to damage in respect of which liability cannot be limited under applicable law.

(4) In connection with use of Services provided free of charge, the Company shall not be liable in the absence of intent or gross negligence.

Article 19 (Compensation by the User and Indemnity)

(1) Where the User causes damage to the Company by violating these Terms or applicable law, the User shall compensate that damage.

(2) Where a third party or a public authority raises an objection or a claim against the Company because the User, in using the Service, has infringed the rights of a third party or violated applicable law, the User shall resolve the matter at the User’s own cost and responsibility and shall hold the Company harmless. Where the Company has borne costs as a result, it may claim reimbursement from the User.

Article 20 (Protection of Personal Information)

(1) The Company protects, in accordance with applicable law, the personal information of Users collected for provision of the Service.

(2) Matters concerning the purposes of processing, the items collected, the retention and use period, entrustment of processing, transfer abroad, and the rights of data subjects and the methods of exercising them are governed by the privacy policy established and published separately by the Company.

Article 21 (Supplementary Application and Language)

(1) Matters not provided for in these Terms and the interpretation of these Terms are governed by applicable law and general commercial practice.

(2) These Terms were prepared in Korean. Where the content of these Terms translated into another language differs from the Korean version, the Korean version prevails.

Article 22 (Governing Law and Jurisdiction)

(1) These Terms and the service agreement are governed by the laws of the Republic of Korea.

(2) An action concerning a dispute arising out of these Terms or the service agreement shall be brought before the Seoul Southern District Court, which has jurisdiction over the location of the Company’s head office.

(3) Paragraphs (1) and (2) do not exclude the application of mandatory provisions enacted for the protection of consumers under the law of the country in which the User has habitual residence, where that country is outside the Republic of Korea, or the User’s right to bring an action in that country.

Addendum

These Terms take effect on 23 November 2026. Upon these Terms taking effect, the previous terms in force from 15 May 2024 cease to have effect.

Article 1 (Purpose)
These Terms of Service (“Terms”) govern the relationship between the user (“User”) and Penta Security, Inc. (referred to as the “Company”) regarding the use of the Cloudbric VPN service (hereinafter referred to as “Service”) provided by the Company. These Terms outline the rights, duties, and responsibilities of both parties, as well as other conditions and procedures related to the use of the Service.

Article 2 (Definitions of Terms)
“VPN (Virtual Private Network)” refers to a technology that creates a secure and encrypted connection over a less secure network, such as the internet.

“Service” refers to the Cloudbric VPN application provided by Penta Security, Inc. for installation on devices including mobile devices and PCs, enabling secure browsing and data transmission.

“Mobile Device” encompasses smartphones, tablets, and other portable devices capable of running the Cloudbric VPN application.

“User” denotes individuals who utilize the Cloudbric VPN service provided by Penta Security, Inc.

Any terms not defined herein shall be interpreted in accordance with relevant laws and regulations.

Article 3 (Effectiveness and Amendment of Terms)
These Terms become effective upon display on the Service’s interface, binding Users who agree and continue using the Service.

Any changes to these Terms will be communicated to Users through the Service’s homepage or via in-app notifications at least one month before the effective date of the changes.

Users who disagree with the amended terms may terminate the agreement by uninstalling the Service. Continued use after the effective date constitutes acceptance of the changes.

Article 4: Modification or Suspension of Service
1. The Company may temporarily or permanently suspend or limit the provision of the Service under any of the following circumstances:

(1) If illegal activities occur through the Service or if the normal provision of the Service is hindered due to maintenance, upgrades, inspections, replacements, malfunctions, communication failures, hacking, or other issues with computer or telecommunication facilities.
(2) If there is an interruption to the normal use of the Service due to power outages, equipment failures, or excessive usage.
(3) If uncontrollable events such as natural disasters or national emergencies occur.
(4) In other unavoidable circumstances.

2. In the event that the Company intends to temporarily suspend or restrict the use of the Service under the circumstances outlined in paragraph 1, subparagraph 1, the Company shall notify Users of the reasons and details thereof through the method specified in Article 5, paragraph 1, at least three business days prior to such action. However, in cases where it is urgently necessary to suspend or restrict use, notice may be given or communicated within 48 hours after the fact.

3. If the Company intends to permanently suspend or restrict the provision of the Service under the circumstances outlined in paragraph 1, the Company shall notify Users of the reasons and details thereof through the method specified in Article 5, paragraph 1, at least 60 days prior to such action, and may proceed with the permanent suspension or restriction.

4. The Company may modify, suspend, or change all or part of the Service provided free of charge as necessary for the Company’s policies and operations, and shall not provide separate compensation to Users unless otherwise specified by relevant laws.

5. If Users do not agree to the changes in the Service, they may express their refusal to the Company and discontinue use.

6. The Company shall not be held responsible for any issues arising from changes or discontinuation of the Service, unless such issues are attributable to the intentional misconduct or negligence of the Company.

Article 5 (Information Provision and Advertisement)
1. Operational notices will be posted on the Service’s interface or homepage.
2. Additional information and advertisements may be displayed on the Service’s interface or homepage.

Article 6 (Company Obligations)
The Company is committed to providing a consistent and reliable VPN service.
User information will be managed in accordance with relevant laws and regulations, as detailed in the Company’s Privacy Policy, accessible within the Service.

Article 7 (User Obligations)
1. Users must adhere to these Terms, Company regulations, and applicable laws, refraining from actions that disrupt the Company’s operations or reputation.
2. Users shall not infringe upon the intellectual property rights of the VPN service.
3. Commercial use of the VPN service without Company approval is prohibited, with the Company absolved of liability for any resulting damages.

Article 8 (Prohibition of Transfer)
User rights under these Terms may not be transferred, donated, or used as collateral.

Article 9 (Company Indemnity)
1. The Company is not liable for issues arising from User devices or network environments.
2. The Company shall not be held responsible for any consequences or damages resulting from User actions, including but not limited to the following circumstances:

(1) Violation of the laws of a jurisdiction where the User is rightfully bound.
(2) Damages incurred during the process of using the Service, excluding the Service itself (including but not limited to the loss or theft of electronic devices required for accessing the Service).
(3) In cases where the intentions, negligence, coercion, or other reasons of the User or the transmitting or receiving party lead to the transmission or reception of cryptocurrencies without legal basis, such as erroneous transactions, under applicable law.

Article 10 (Payment Conditions)
1. Paid services provided by the Company are generally non-refundable, and any refunds (or credits) provided are at the discretion of the Company. Paid accounts terminated due to violations of these Terms forfeit all payments and credits and are not eligible for refunds.
2. If the Company decides to proceed with a refund for any reason, the refund will be issued in the currency used for the original payment process. If a conversion between different currencies supported by the Company is requested, the applicable exchange rate will be determined at the Company’s discretion.
3. Subscriptions are billed monthly or annually based on the period chosen by the User. Following the initial subscription period, subscriptions will automatically renew for the same duration until canceled by the User. It is the User’s responsibility to maintain up-to-date card information associated with their account.
4. Failure to fulfill payment obligations as a paid account user may result in the suspension or deletion of the User’s account 14 days after the payment due date.

Article 11 (Termination and Refunds)
Termination: Users may terminate their subscription at any time. Upon termination, no refunds will be issued for the unused portion of the current service period. The availability of subscription termination may vary depending on the policies of third-party platforms (e.g., app stores, service providers, retailers) through which the service was purchased.

Refunds: Refunds may be possible within 30 days of purchase. The refund policy may vary depending on the policies of the third-party platforms (e.g., app stores, service providers, retailers) through which the service was purchased. Please note that refunds for the service are limited to once per account.

Article 12 (Applicable Law)
Any matters not addressed in these Terms shall be governed by relevant laws and regulations.

Article 13 (Jurisdiction)
Disputes arising from these Terms shall be settled by the competent court nearest to the User’s residence or place of business.

Addendum
These Terms of Service are effective as of May 15, 2024.

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