Terms of Use of Gravio
Last updated: October 2, 2018

Thank you for using the Gravio service (hereinafter referred to as the "Service") provided by ASTERIA Corporation (hereinafter referred to as the "Company" or "we"). By registering for the Gravio Free Service offered by the Service, or using or downloading web-based services and software related to the Service, you agree to these Terms of Use (hereinafter referred to as the "Terms of Use") and the Common Terms of Use of ASTERIA Products (https://www.infoteria.com/en/terms/).

Purchase of Subscription

  1. You may purchase a right to use the Service for a certain period of time under specific conditions, including the available functions, number of users and storage capacity (hereinafter referred to as the "Subscription"), in accordance with the fee schedule to be separately provided.
  2. You may purchase a Subscription by either of the following methods:
    • purchasing through an application store services provided by a third party, including the Apple App Store and Microsoft Store (hereinafter referred to as a "Third-party Service"; and this purchasing method as an "Application Store Purchase"); or
    • purchasing through the Gravio user site (hereinafter referred to as a "User Site Purchase").

Subscription Purchased by Application Store Purchase

  1. For making an Application Store Purchase, terms and conditions applicable to the relevant Third-party Service are applied in addition to these Terms of Use.
  2. For a Subscription purchased by an Application Store Purchase, subscription fees are payable on a calendar-month basis, starting from the day of the purchase.
  3. For cancelling the Subscription purchased by an Application Store Purchase, you need to cancel it through the relevant Third-party Service.

Subscription Purchased by User Site Purchase

  1. A Subscription purchased by a User Site Purchase is free for the period from the date of purchase until the end of the same month (hereinafter referred to as a "Free Subscription Period"). However, after the Free Subscription Period, the Subscription purchased is automatically renewed and the fee is payable on a calendar-month basis, starting from the first day of the month immediately after the month in which you purchased it.
  2. Fees for a Subscription purchased by a User Site Purchase are payable in advance, and the payment must be completed by the last day of the month immediately prior to the month in which you use the Service.
  3. You shall make the payment of fees under the preceding paragraph by credit card or remittance to the bank account designated in our invoice. Your credit card fees and bank remittance charges are at your cost. If you purchase a Subscription through a distributor, you are to comply with the terms and conditions of payment designated by the distributor.
  4. Once you purchase a Subscription, you may in no event refuse to pay the fees for any reason, including non-use of the Service. The fees already paid by you will not be refunded for any reason whatsoever.
  5. The Company may amend the terms and conditions of a Subscription and fees without your consent. The amendments apply from the subsequent renewal of your Subscription.
  6. You may change your Subscription for the immediately subsequent month and thereafter, cancel the Subscription or cancel the automatic renewal by sending a notice to us directly or through your distributor, using a form designated by us, no later than the 25th day (or the immediately prior business day, if the 25th day is not a business day) of the month immediately prior to the month in which your Subscription is terminated.
  7. If you do not pay the Subscription fees no later than the last day of the month immediately subsequent to the month in which the due date specified in paragraph (2) falls, the Company may suspend your use of the Service.
  8. If you delay the performance of your obligation to pay the Subscription fees for 30 days or longer, all your monetary obligations against the Company will be accelerated, in which case these obligations become immediately due and payable. The Company may suspend your use of the Service until you make the full payment of the outstanding amount. The Company will send a one-week notice to your registered email address before suspending the Service.

Termination of Subscription

  1. After the termination of the Subscription, your data related to the functions offered based on the Subscription will be deleted or its use will be restricted.

Free Services

  1. You may apply for the Gravio Free Service offered by the Service (hereinafter referred to as a "Free Service") by making a user registration using our website or application.
  2. The Free Service terminates at either of the following points in time:
    • when you purchase a fee-based Subscription; or
    • when you request us to delete your account and the processing for the deletion is completed by us.
  3. Notwithstanding the provisions of these Terms of Use and Common Terms of Use of ASTERIA Products, for the effective period of Free Service, the Service will be provided on an as-is basis with no warranty of any kind by the Company.

Free usage of leased devices

  1. After you purchase a Subscription, you may use devices provided by the Company free of charge (hereinafter referred to as "Bundled Devices") depending on the Gravio service level, for the period covered by the Subscription purchased on our Gravio user site.

Management of Bundled Devices

  1. You shall maintain and manage Bundled Devices with the due care of a prudent manager, and shall not conduct any of the following activities in connection with the use of the devices:
    • to transfer or loan to a third party any Bundled Devices, create a security interest thereon for a third party or otherwise dispose of them;
    • to disassemble, analyze, modify or otherwise alter any Bundled Devices;
    • to damage, destroy, lose, or conduct any other act which may disable or have a negative impact on the use of Bundled Devices;
    • to use the Bundled Devices for any other purpose than the Service; and
    • to use the Bundled Devices for any other inappropriate purpose.
  2. If the Company determines that you have done any of the prohibited activities specified in the preceding paragraph, you must promptly terminate the use of and return the Bundled Devices upon our request. The Company is entitled to claim compensation of damages from you arising from any of the prohibited activities set forth in the preceding paragraph.

Period of Lease of Bundled Devices

  1. The period of lease of Bundled Devices shall be the period of use of the Service.
  2. The Company may, at its discretion, exempt you from the obligation to return the Bundled Devices upon the termination of the Service only if you use the Service for a consecutive one-year period.

Failure, loss or destruction of Bundled Devices

  1. If a Bundled Device becomes unable to function properly under normal use conditions due to a failure, damage or destruction (hereinafter referred to as "Failure"), the Company will replace the device with an equivalent device capable of properly functioning, at your request and at no cost to you. In this case, you shall promptly notify us of the fact of Failure according to the forms and methods designated by us, and shall send the device affected by the Failure to the place designated by us using the method designated by us.
  2. The cost of sending a device affected by a Failure to the place designated by the Company shall be borne by you, and the cost of sending the replacement device shall be borne by the Company; provided, however, that if the Failure is attributable to a fault on your part, you shall bear the costs of replacement and other necessary measures, including cost for sending the replacement device.
  3. The Company will dispatch replacement of a Bundled Device after having confirmed receipt of the device affected by the Failure.

Purchase of Bundled Devices

  1. You are not allowed to purchase any Bundled Devices.

Costs related to Bundled Devices

  1. After the termination of the Subscription, the cost for returning Bundled Devices shall be borne by you. You shall return the Bundled Devices by sending them to the place designated by us, using the method designated by us.
  2. For returning the Bundled Devices, if the cost paid by you is insufficient, the Company may separately charge you to compensate the insufficient amount.

Disclaimer related to Bundled Devices

  1. The Company will not assume any liability for indemnification, compensation or any other liability in connection with troubles and damages suffered by you or third parties arising from your use of Bundled Devices. Any trouble or damage suffered by you or third parties in connection with the use of Bundled Devices shall be resolved at your responsibility and cost.