Terms of Service

Article 1 (Purpose)

These terms set out the conditions and procedures for using the One Server service provided by BlackWall, Inc. (the "Company"), and the rights, obligations and responsibilities of the Company and its users.

Article 2 (Business information)

Article 3 (Effect and amendment of these terms)

These terms take effect when they are posted on the service screen.

The Company may amend these terms, and announces an amendment from 7 days before its effective date. An amendment unfavorable to users is announced from 30 days before, and a user who does not state an objection during that period is deemed to have agreed to it.

A user who does not agree to an amendment may terminate the service agreement at any time.

Article 4 (Sign-up and accounts)

A user applies to sign up by agreeing to these terms and to the collection and use of personal information, and the service agreement is formed when the Company accepts the application.

The Company may refuse an application, or terminate the agreement afterwards, in the following cases.

• The user has used another person's information without permission
• The user is under the age of 14
• The user has previously had their use suspended for violating these terms
• The user clearly intends to violate the law or these terms

The user is responsible for managing their account and password, and must tell the Company immediately on learning that the account has been used by someone else.

Article 5 (The service)

The Company provides a development platform service that includes databases, authentication, file storage, realtime communication, function execution and deployment.

Users' data is stored and processed only in the Seoul region of the Republic of Korea.

The Company may change the service, and announces a change unfavorable to users 30 days in advance.

The IP address that requests sent out by a user's server deployments, functions and database webhooks come from is shared by several users, and is not static and may change without notice. The Company guarantees an outgoing address only for projects that use the paid static outbound IP add-on, and in that case announces the addition or removal of an address 30 days in advance.

Article 6 (Fees and payment)

The Company offers the Free plan to organisations that sign up with, or connect, a GitHub account, and to one organisation per GitHub account.

The Free plan includes the following, with these limits; they are also shown on the pricing page and the sign-up page.

• One member: the owner.
• One site from a GitHub repository, deployed to the default address the Company provides. Production deployments only; deployments a day and monthly build time and traffic are limited, and past a limit that use is refused until the 1st of the next month. Nothing extra is charged.
• No custom domains.
• No database or the features that come with it, functions, servers, or any other feature the pricing page shows as paid.
• Not for commercial use. Selling goods or services, connecting a payment method, showing advertisements and paid work for others are commercial use; receiving donations is not.
• A site unused for 3 days (no requests to it, no deployments, no console use) is paused, as set out in Article 10.

The Free plan never turns into a paid plan, or incurs a charge, by itself. A move to a paid plan happens only with the user's explicit consent, given after seeing the price, the date billing starts, the payment method and how to cancel; the Company records when that consent was given and what was shown.

An organisation signed up without a GitHub account starts on a paid plan, and paid resources do not run until a payment method is added.

For an organisation already on the free plan, the terms above apply from the date the Company announced 30 days in advance, and its use is never suspended for lack of a payment method. Databases, files and connected domains made before then are kept, not deleted; they cannot be used on the Free plan and can be used again as they were on a paid plan. However, a database that has been unusable for 90 days is moved to archive storage under Article 8.

A paid plan consists of a monthly base fee and fees for usage beyond what is included. The price list is published on the pricing page.

Fees are deducted from a balance topped up in advance (a prepaid balance). The monthly base fee is deducted on the 1st and usage beyond what is included as it accrues; the deductions add up to the same as the amount shown on the console's usage screen. Automatic top-up from the registered payment method can be set. Contracts paid by bank transfer are charged each month, calculated on the previous month's usage.

If the balance runs low or an automatic top-up fails, the Company will tell you; when the balance runs out, paid resources stop. Your data is kept, and everything resumes as soon as you top up. However, once stopped for 90 days, the database is moved to archive storage under Article 8.

When fees change, the Company announces it 30 days in advance, and the new fees apply to use after the announcement.

Article 7 (Withdrawal of offer and refunds)

A user may withdraw their offer within 7 days of the payment date of a paid plan. However, if the service has already been used during that period, what remains after deducting the amount for the part used is refunded.

If the user could not use the service for reasons attributable to the Company, the fee for that period is refunded or deducted from the next month's fee.

Refunds are made to the payment method used within 3 business days of the day the request is received. Any prepaid balance left when you close your account is refunded the same way.

Article 8 (User data)

The rights to the data a user uploads to the service belong to the user. The Company processes it only to the extent necessary to provide the service.

The Company does not look into users' data. The exceptions are the minimum necessary to respond to an outage the user has asked the Company to handle, or a demand made under law, and even then the Company tells the user that it happened and to what extent.

When the service agreement ends, the Company keeps the data for 30 days so that the user can download it, and then destroys it. However, if the user asks for destruction at once when terminating, the Company destroys it without delay.

When a project has been stopped for non-payment (balance exhausted, no payment method, a failed payment), unusable on the Free plan, or paused for 90 days, the Company moves the project's database off the server to archive storage. The Company emails the user 30 days, 7 days and 1 day before the move and when it happens, and if a notice is late the move is postponed by as much. Resolving the cause before then (paying, moving to a paid plan, resuming) means it is not moved.

A database moved to archive storage is kept for 1 year from the move. During that time the user can, once the cause is resolved, restore it in the console exactly as it was or download the archive, and no database storage fees are charged while it is in archive storage.

After 1 year the archived database and the project's files are destroyed, and the Company tells the user 30 days before the destruction. Once destroyed, it cannot be restored.

Article 9 (Prohibited conduct)

Users must not do any of the following.

• Using the service to violate the law or infringe the rights of others
• Attempting to access other users' resources or data
• Interfering with the normal operation of the service
• Reselling the service without the Company's prior consent
• Distributing malicious code, or using the service to attack other systems
• Using the Free plan commercially, or making several GitHub accounts to obtain several Free plans

If a violation is confirmed, the Company may suspend the use concerned, and except in an emergency asks for the violation to be corrected before suspending it. If the Free plan is used commercially, the Company may ask the user to move to a paid plan or stop the commercial use, and never charges without the user's consent.

Article 10 (Interruption of the service)

The Company may interrupt the service temporarily when scheduled maintenance is needed, announcing it 7 days in advance.

If the service is interrupted for unavoidable reasons such as equipment failure or loss of communications, the Company tells users without delay afterwards.

A project on the Free plan may be paused after 3 days without use. The Company emails the user a day before, and when it pauses, and does not delete data then; a pause that lasts 90 days moves the database to archive storage under Article 8. It runs again as soon as the user restarts it in the console or deploys. Paid plans are never paused for this reason.

Article 11 (Disclaimer of warranties)

The Company provides the service as it is currently provided. The Company does not warrant that the service will be uninterrupted or error-free, that it is fit for any particular purpose of the user, or that what the user builds with the service will work as expected. This article does not exclude any obligation the law places on the Company.

The service is a development platform that users use to build and run their own applications. Responsibility for the applications a user builds on the service, for how they run, and towards the users of those applications lies with the user.

Article 12 (Division of security responsibilities)

The Company takes the technical and administrative protective measures required by law to protect the service's underlying infrastructure (servers, network, database engine, platform software).

The following are areas the user sets and manages themselves, and the user is responsible for incidents and damage arising from how these are configured or from neglect in managing them.

• Database access rules (row level security policies) and permission settings, and the exposure the user chooses, such as whether a bucket is public
• Keeping secrets such as API keys, service keys, database passwords, tokens and environment variables, and their exposure
• Code, functions and dependency packages the user writes or deploys, and their vulnerabilities
• Managing organization members' accounts, granting permissions, and whether two-factor authentication is used
• The configuration of external services the user connects (repositories, payments, mail, social login providers and so on) and incidents occurring at those services

For the personal information of third parties (such as the user's customers) that a user stores in the service, the user is the personal information controller, and the Company, as the processor entrusted with processing by the user, processes it only on the instructions of the user and under these terms. Notifying those data subjects, obtaining their consent, and handling their requests to access, correct or delete are done by the user.

If the Company becomes aware of a security breach or a leak of personal information in the service's underlying infrastructure, it notifies the affected users within the period set by law and takes the measures necessary to reduce the harm.

Article 13 (Limitation of liability)

The Company is not liable for damage arising from the following. However, this does not apply where there is intent or gross negligence on the Company's part.

• Reasons beyond the Company's control, such as natural disasters, war, terrorism, government action, or loss of power or communications
• Outages or incidents at third parties the Company uses, such as cloud, telecommunications and payment providers
• Matters Article 12 sets as areas the user manages, and other reasons attributable to the user
• Unlawful intrusion, attacks or malicious code by a third party that could not be prevented even though the Company took reasonable security measures
• Use of the free plan, or of features the Company has marked as experimental (beta)
• Data that could not be recovered because the user did not back it up

The Company is not liable for indirect, special or consequential damages, loss of operating profit or revenue, or loss of business opportunity or goodwill, even if it was told in advance that they were possible. However, this does not apply where they are caused by the Company's intent or gross negligence.

Where the Company does compensate for damage, the amount does not exceed the total fees the user actually paid during the 3 months up to and including the month in which the damage occurred. However, this limit does not apply to damage caused by the Company's intent or gross negligence, or to damage for which the law does not permit this limit.

Users are responsible for backing up their own data themselves, and the Company provides backup features at the user's request.

Article 14 (User's liability to compensate)

If a user violates these terms or the law, or if, because of an application the user ran on the service or data the user uploaded, a third party brings a claim for damages, a lawsuit or an administrative action against the Company, the user must hold the Company harmless at the user's own cost and responsibility, and must compensate the Company for the damage it suffers as a result (including reasonable attorney's fees). However, this does not apply to the extent that the cause lies in reasons attributable to the Company.

Article 15 (Termination of the agreement)

A user may terminate the service agreement in the console at any time. After termination no fees arise from the next billing cycle, and fees for the period already used are charged.

If a user seriously violates these terms, the Company may ask for the violation to be corrected, and may terminate the agreement if it is not corrected within 7 days.

Article 16 (Resolution of disputes)

These terms are governed by the laws of the Republic of Korea.

If a dispute arises between the Company and a user, the two will consult in good faith to resolve it, and if no agreement is reached, either may bring a suit before the court having jurisdiction under the Civil Procedure Act.