Term of Usage .En

  Chapter 1 General Provisions

Article 1 (Purpose) These terms and conditions are intended to govern the rights, obligations, and responsibilities of the Company and users of the services (hereinafter referred to as the "Service") provided by HereticByte (hereinafter referred to as the "Company") through mobile devices, as well as the associated networks, websites, and other services.

Article 2 (Definitions) ① The definitions of terms used in these terms and conditions are as follows:

1. "Company" means a business operator providing services through mobile devices.

2. "Member" refers to a person who enters into a service agreement according to these terms and conditions and uses the services provided by the company.

3. "Temporary Member" refers to a person who provides only partial information and uses only part of the services provided by the company.

4. "Mobile Device" refers to a device that can download and install content for use, such as mobile phones, smartphones, personal digital assistants (PDAs), tablets, etc.

5. "Account Information" refers to information provided by a member to the company, including member numbers and external account information, device information, nicknames, profile pictures, friend lists, game usage information (character information, items, levels, etc.), and payment information for service usage fees.

6. "Content" means all paid or free content created by the company in digital form related to the provision of services (including games and network services, applications, game money, game items, etc.) that can be used on mobile devices.

7. "Open Market" means an electronic commerce environment established to install and purchase game content on mobile devices.

8. "Application" means any program downloaded or installed and used through a mobile device to use the services provided by the company.

9. "Game Service" means one of the services provided by the company, which refers to games executed by members on mobile devices and services related thereto.

② The definitions of terms used in these terms and conditions shall be governed by the relevant laws and regulations and the policies of each service, except as otherwise provided in Paragraph 1 of this Article, and matters not specified herein shall be governed by general commercial practices.

Article 3 (Provision of Company Information, etc.) The company shall display the following items in an easy-to-understand manner within the game service to allow members to be aware of them. However, the privacy policy and terms and conditions may be made available to members through a linked screen.

1. Name and name of the representative

2. Address of the business place (including the address where complaints from members can be processed)

3. Phone number, email address

4. Business registration number

5. Telecommunication sales business registration number

6. Privacy Policy

7. Service Terms and Conditions

Article 4 (Effectiveness and Amendment of the Terms and Conditions) ① The company shall post the contents of these terms and conditions on the game service or its connected screen so that members can be aware of them. In this case, important contents of these terms and conditions, such as service suspension, withdrawal of subscription, refund, termination of contract, disclaimer of the company, etc., shall be clearly marked in bold, colors, symbols, etc., or clearly displayed through separate connected screens to make it easy for members to understand.

② When the company revises the terms and conditions, it shall announce it to the members by posting the effective date, revised contents, reasons for revision, etc., on the game service or its connected screen at least seven days before the effective date. However, if the revised content is disadvantageous to the members or constitutes a significant change, the company shall announce it in the same manner as above at least 30 days before the effective date and notify the members through the method specified in Article 27, Paragraph 1. In this case, the company shall clearly compare the contents before and after the revision to make it easy for members to understand.

③ When the company revises the terms and conditions, it shall confirm whether the members agree to the application of the revised terms and conditions. When announcing the notice or notification under Paragraph 2, the company shall also announce or notify that if the members do not express their consent or refusal to the revised terms and conditions, it shall be deemed that they have agreed to the revised terms and conditions until the effective date of these terms and conditions. If a member does not agree to the revised terms and conditions, the company or the member may terminate the service agreement.

Chapter 4: Use of Services and Service Restrictions

Article 11 (Provision of Service)

1. The Company shall immediately provide services to Members who have completed the membership agreement in accordance with the provisions of Article 5, enabling them to use the services. However, for some services, the Company may commence the service from a designated date as needed.

2. The Company may provide additional services, including other supplementary services, when providing game services to Members.

3. The Company may differentiate Members' grades and may set differences in usage such as usage time, frequency of use, and the scope of services provided.

Article 12 (Use of Service)

1. Game services are provided during the time specified according to the Company's business policy. The Company shall inform the service provision time appropriately through the initial screen of the game application or the game service notice.

2. Notwithstanding the preceding paragraph, the Company may temporarily suspend all or part of the service under the following circumstances. In this case, the Company shall announce the reason and duration of the suspension on the initial screen of the game application or in the game service notice. However, if there are unavoidable circumstances where prior notice cannot be given, the Company may notify afterwards.

   1. System regular maintenance, server expansion and replacement, or network instability required for system operation.

   2. Inability to provide normal service due to power failure, equipment failure of service facilities, service overload, or maintenance or inspection of telecommunications business operators' facilities.

   3. Occurrence of uncontrollable situations such as exhibition, riot, natural disasters, or similar national emergencies.

3. The Company provides services using dedicated applications or networks for mobile devices. Members can use the service by downloading and installing the application or using the network for free or for a fee.

4. For paid contents, payment of the specified fee for the service is required to use it. When downloading an application or using a service through a network, separate charges may be incurred by the subscribed mobile carrier.

5. For services used by downloading and installing applications or using networks, they are provided according to the characteristics of the mobile device or the mobile carrier. In case of changing mobile devices or numbers or using overseas roaming, all or part of the content may be unavailable, and the Company shall not be responsible for this.

6. For services used by downloading and installing applications or using networks, background operations may occur. In this case, additional charges may be incurred according to the characteristics of the mobile device or the mobile carrier, and the Company shall not be responsible for this.

Article 13 (Change and Suspension of Service)

1. For smooth provision of game services, the Company may change the services as necessary for operation or technological reasons and shall announce the details before the change in the game service. However, in cases such as bug fixes, emergency updates, or other minor changes, or if it does not constitute a significant change, the Company may announce it afterwards.

2. If it becomes difficult to continue the game service due to significant reasons such as termination of business due to business transfer, division, or merger, expiration of game service provision contracts, or significant deterioration of the profits of the game service, the Company may discontinue the service entirely. In this case, the Company shall announce the discontinuation date, reason for discontinuation, compensation conditions, etc., on the initial screen of the game application or on the connected screen and notify the Members in accordance with Article 27, Paragraph 1.

3. In the case of Paragraph 2, the Company shall refund the unused or remaining paid items in accordance with Article 24, Paragraph 3.

Article 14 (Collection of Information, etc.)

1. The Company may store and retain chat contents exchanged between Members, and this information is solely held by the Company. The Company may allow third parties to access this information only for the purpose of resolving disputes between Members, handling complaints, or maintaining game order, and only if authorized by law.

2. When the Company or a third party accesses chat information as described in Paragraph 1, the Company shall notify the Member of the reason and scope of access in advance. However, in cases where it is necessary to access this information for investigation, processing, confirmation of prohibited acts pursuant to Article 10, Paragraph 1, or for remedies related to such acts, notification may be made afterwards.

3. For smooth and stable operation of the service and improvement of service quality, the Company may collect and utilize mobile device information of Members (settings, specifications, operating system, version, etc.) excluding personal information of Members.

4. The Company may request additional information from Members for the purpose of service improvement and introducing services to Members. Members may accept or refuse such requests, and if the Company makes such a request, it shall also notify the Member that they have the option to refuse the request.

Article 15 (Provision of Advertisements)

1. The Company may post advertisements within the game service related to the operation of the service. Additionally, with the consent of the recipient, the Company may send advertising information via electronic mail, text messaging (LMS/SMS), push messages (Push Notifications), or similar methods. In this case, Members may refuse to receive them at any time, and the Company shall not send advertising information to Members who refuse to receive them.

2. Through banners, links, or other means provided within the services, the Company's services may be connected to advertisements or services provided by third parties.

3. If connected to advertisements or services provided by third parties as described in Paragraph 2, since the services provided in such areas are not within the Company's service area, the Company does not guarantee reliability, stability, etc., and shall not be liable for any damages incurred by Members. However, this does not apply if the Company intentionally or negligently facilitates the occurrence of damages or fails to take measures to prevent damages.

Article 16 (Ownership of Copyrights, etc.)

1. Copyrights and other intellectual property rights for the contents within the game services produced by the Company are owned by the Company.

2. Members may not commercially use, replicate, transmit, or otherwise utilize information obtained through the game services provided by the Company, which includes information for which the Company or the provider holds intellectual property rights, without prior consent from the Company or the provider.

3. Members grant permission to the Company to use User Content, including communication such as chat texts uploaded or transmitted through the game application or game service by Members or other users, in the following manner and conditions:

   1. Use, edit, or change the format of the User Content (including but not limited to disclosure, replication, performance, transmission, distribution, broadcasting, and creation of derivative works) without any restrictions on usage period or region.

   2. Not sell, rent, or transfer the User Content for trading purposes without the prior consent of the user who created the User Content.

4. The Company does not use Member's User Content (e.g., postings on general bulletin boards) that are not displayed within the game and not integrated with the game service without explicit consent from the Member, and Members may delete such User Content at any time.

5. If the Company deems that the information posted or registered in the service's bulletin board etc., infringes on legal interests, the Company may delete or move such information or refuse to register it without prior notice, in accordance with Article 10, Paragraph 1.

6. Members whose legal interests are infringed upon by information posted on boards operated by

 the Company may request the Company to delete the information or post a rebuttal. In this case, the Company shall promptly take necessary actions and notify the applicant.

Article 17 (Purchase, Usage Period, and Use of Paid Content)

1. Paid content purchased by Members within the game service can only be used on the mobile device where the corresponding application is downloaded or installed.

2. The usage period of paid content purchased by Members shall be as specified at the time of purchase. However, in the event of service discontinuation under Article 13, Paragraph 2, the usage period of paid content with no specified duration shall be until the date of service discontinuation as announced in the service discontinuation notice.

Article 18 (Service Use Restriction on Members)

1. Members shall not engage in actions that violate the obligations of Members as prescribed in Article 10, and if such actions are taken, the Company may take measures to restrict the Member's service use, including but not limited to, restriction of certain permissions, deletion of related information (posts, photos, videos, etc.), and other measures. The specific reasons and procedures for service restriction shall be determined in the operational policy of individual games in accordance with Article 19, Paragraph 1.

2. The Company shall not compensate for damages incurred by Members as a result of justifiable measures taken for service restrictions under Paragraph 1.

3. The Company may temporarily suspend the service use of the relevant account until the investigation of the following reasons is completed:

   1. Legitimate reports of account hacking or theft have been received.

   2. Suspected use of illegal programs or acts of illegal operators such as operation centers.

   3. Other cases where temporary measures for service use are necessary due to reasons equivalent to the above.

Article 19 (Reasons and Procedures for Service Restriction Measures)

1. The Company shall establish the specific reasons and procedures for service restriction measures in accordance with the content, degree, frequency, and results of prohibited acts as described in Article 10, Paragraph 1, through operational policies.

2. When the Company takes service restriction measures as prescribed in Article 18, Paragraph 1, the following items shall be notified to the Member in advance. However, if it is necessary to take urgent measures, notification may be made afterwards.

   1. Reasons for service restriction measures

   2. Types and duration of service restriction measures

   3. Method of appealing against service restriction measures

Article 20 (Procedure for Appealing against Service Restriction Measures)

1. When a Member wishes to object to the Company's service restriction measures, they must submit a written objection stating the reason for objection within 14 days from the date of receiving the notification of these measures through written, electronic mail, or similar methods.

2. The Company shall respond to the reasons for objection within 15 days from the date of receipt of the objection as described in Paragraph 1 through written, electronic mail, or similar methods. However, if it is difficult for the Company to respond within this period, the Company shall notify the reasons and the processing schedule.

3. If the Company finds that the reasons for objection are valid, it shall take appropriate actions accordingly.

Chapter 5: Withdrawal of Subscription, Refund of Overpayment, and Termination of Service Agreement

Article 21 (Payment of Fees)

1. The imposition and payment of fees for the purchase of content shall, in principle, be carried out according to the policies or methods established by mobile carriers or open market operators. Additionally, the limits for each payment method may be assigned or adjusted by the Company or open market operators according to policies or government policies.

2. In the case of payment in foreign currency for the purchase of content, the actual amount charged may differ from the price displayed at the service's store or elsewhere due to exchange rates, fees, etc.

Article 22 (Withdrawal of Subscription, etc.)

1. Members who have entered into a contract with the Company for the purchase of paid content may withdraw their subscription without any additional charges or penalties within 7 days from the later of the purchase contract date and the date when the content becomes available for use.

2. Members may not withdraw their subscription under paragraph 1 against the Company's intention in the following cases. However, in the case of a purchase contract composed of divisible content, this does not apply to the remaining portion of the divisible content that does not fall under the following items:

   1. Paid content that is immediately used or applied upon purchase.

   2. Paid content where additional benefits have been used.

   3. In the case of content where the act of opening can be considered as use or where the utility is determined at the time of opening.

3. In the case of content for which withdrawal of subscription is not possible under the provisions of paragraph 2, the Company shall clearly indicate this fact where Members can easily see it, and shall take measures such as providing trial versions of the content (allowing temporary use, providing trial versions, etc.) or providing information about the content to ensure that Members' right to withdraw their subscription is not obstructed. If the Company fails to take such measures, Members may still withdraw their subscription regardless of the withdrawal restrictions under paragraph 2.

4. Despite paragraphs 1 and 2, if the content purchased by Members does not match the content displayed or advertised or if it is not fulfilled as per the terms of the purchase contract, Members may withdraw their subscription within 3 months from the date the content becomes available for use or within 30 days from the date they became aware of or could have been aware of the fact.

5. When a Member withdraws their subscription, the Company confirms the purchase history through the platform operator or open market operator. Additionally, the Company may contact the Member using the information provided by the Member to verify the Member's legitimate reason for withdrawal and may request additional evidence.

6. If withdrawal of subscription is made pursuant to paragraphs 1 through 4, the Company shall promptly collect the paid content from the Member and refund the fee within 3 business days. In this case, if the Company delays the refund, it shall pay interest calculated by multiplying the interest rate prescribed in Article 21-3 of the Act on the Consumer Protection in Electronic Commerce, etc. by the period of delay.

7. When a minor enters into a content purchase contract on a mobile device, the Company shall notify that the minor or their legal guardian can cancel the contract without the legal guardian's consent, and if the minor enters into a purchase contract without the legal guardian's consent, the minor or their legal guardian may cancel the contract. However, this does not apply if the minor has purchased the content with property that the legal guardian has permitted to be disposed of or if the minor has deceived others into believing that they are of legal age or that they have the legal guardian's consent.

8. Whether the parties to the content purchase contract are minors is determined based on the mobile device used for payment, information of the payment executor, and the name of the payment method holder. Additionally, the Company may request submission of documents proving minority status and legal guardianship to confirm a legitimate cancellation.

Article 23 (Refund of Overpayment)

1. If an overpayment occurs, the Company shall refund the overpayment to the Member. However, if the overpayment is due to the Member's fault rather than the Company's intentional or negligent act, the Member shall bear the actual costs incurred for the refund within a reasonable range.

2. Payment through applications follows the payment method provided by open market operators, and in the event of overpayment during the payment process, the Member must request a refund from the Company or open market operator.

3. Communication charges (call charges, data communication charges, etc.) incurred due to downloading applications or using network services may be excluded from the refund target.

4. Refunds shall be processed according to the refund policy of each open market operator or the Company, depending on the operating system of the mobile device used for service.

5. In order to process the refund of overpayment, the Company may contact the Member using the information provided by the Member and may request the necessary information. The Company shall refund the overpayment within 3 business days from the date of receiving the necessary information from the Member.

Article 24 (Termination of Agreement, etc.)

1. Members may terminate the service agreement by withdrawing from membership at any time if they do not wish to use the service. Upon withdrawal of membership, all game usage information held by the Member within the game service shall be deleted and cannot be restored.

2. If there are significant reasons where the Company cannot maintain this agreement, such as Member's violation of this agreement, operating policies, or service policies, the Company may notify the Member in advance and may suspend the service or terminate the service agreement for a reasonable period.

3. Refunds and damages according to paragraphs 1 and 2 shall be handled in accordance with the "Guidelines for Protecting Content Consumers."

4. If a Member has not used the Company's service continuously for one year from the most recent service usage date, the Company may terminate the service agreement and take measures to destroy the Member's personal information to protect the personal information of dormant accounts. In this case, the Company shall notify the Member of the termination of the agreement and the measures to destroy personal information, etc., at least 30 days before the date of the measure, in accordance with the provisions of Article 27, Paragraph 1.

Chapter 6: Indemnification and Exemption Clauses, etc.

Article 25 (Indemnification)

1. The Company or Member shall be liable for compensating for any damages caused to the other party due to the violation of this agreement, except in cases where there is no intention or negligence.

2. If the Company enters into a partnership agreement with an individual service provider and provides individual services to Members, the individual service provider shall be responsible for any damages incurred by Members due to the intentional or negligent act of the individual service provider after the Member has agreed to the individual service terms.

Article 26

 (Exemption of Liability)

1. The Company shall not be liable for providing services in the event of force majeure or circumstances equivalent to force majeure.

2. The Company shall not be liable for damages arising from the maintenance, replacement, regular inspection, construction, or other reasons equivalent to these for service equipment. However, this does not apply in cases of intentional or gross negligence by the Company.

3. The Company shall not be liable for service interruptions caused by the Member's intention or negligence. However, this does not apply if there are unavoidable or legitimate reasons for the Member.

4. The Company shall not be liable for the reliability, accuracy, etc., of the information or data posted by Members in connection with the service, unless there is intentional or gross negligence by the Company.

5. The Company shall not be obliged to intervene in transactions or disputes between Members or third parties mediated by the service and shall not be liable for any damages arising therefrom.

6. The Company shall not be liable for damages incurred by Members in connection with the use of free services. However, this does not apply in cases of intentional or gross negligence by the Company.

7. The Company shall not be liable for any failure of Members to obtain or lose expected benefits through the service.

8. The Company shall not be liable for the loss of game experience points, grades, items, game money, etc., of Members. However, this does not apply in cases of intentional or gross negligence by the Company.

9. The Company shall not be liable for third-party payments resulting from the Member's failure to manage the mobile device password, the password provided by the open market operator, etc. However, this does not apply in cases of intentional or gross negligence by the Company.

10. The Company shall not be liable for the inability to use all or part of the content due to changes in the mobile device, changes in the mobile device number, changes in the operating system (OS) version, overseas roaming, or changes in the telecommunication carrier. However, this does not apply in cases of intentional or gross negligence by the Company.

11. The Company shall not be liable if Members delete content or account information provided by the Company. However, this does not apply in cases of intentional or gross negligence by the Company.

12. The Company shall not be liable for damages caused by temporary Members' use of the service. However, this does not apply in cases of intentional or gross negligence by the Company.

Article 27 (Notification to Members)

1. When the Company notifies Members, it may be done through the Member's email address, electronic memo, in-game messaging system, or text messages (LMS/SMS).

2. In the case of notifying all Members, the Company may notify by posting for more than 7 days within the game service or by presenting a pop-up screen, etc., instead of the notification under paragraph 1.

Article 28 (Jurisdiction and Governing Law)

This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Korea. Any disputes arising between the Company and Members shall be subject to the jurisdiction of the court as prescribed by law.

Article 29 (Handling of Complaints and Dispute Resolution by Members)

1. The Company shall guide the method of presenting Members' opinions or complaints within the game service or its connected screens, considering the convenience of Members. The Company operates dedicated personnel to handle these opinions or complaints from Members.

2. If the Company objectively recognizes that opinions or complaints raised by Members are justified, the Company shall promptly handle them within a reasonable period. However, if the processing takes a long time, the Company shall notify the Members of the reason for the delay and the processing schedule within the game service or through notification under Article 27, Paragraph 1.

3. In the event of a dispute between the Company and Members, if it is resolved by a third-party dispute resolution organization, the Company shall faithfully prove the actions taken against the Members, such as service restrictions, and comply with the resolution of the dispute resolution organization.