Chapter 1 General Provisions

Article 1 Purpose

The purpose of these Terms and Conditions shall be to prescribe the rights, obligations, liabilities, and other necessary items regarding the usage of the game and associated services (hereinafter referred to as “Services”) provided by Puzzle Monsters Inc. (hereinafter referred to as the “Company.”)

Article 2 Definitions of Terms

① The terms used in these Terms and Conditions shall be defined as follows

• The “Company” shall be a business that provides Services via Mobile Devices.
• A “Member” shall be a user who concludes the Use Agreement pursuant to the Terms and Conditions and uses the Services provided by the Company. Guest members shall be included in this definition.
• A “Guest” member shall be a user who uses the service through an account randomly assigned by the Company without a registered password (Provided, That as the Guest member has not received an account and password, the data shall be reset when the device is reset or if the game is deleted).
• A “Mobile Device” shall be a device that can download, install, and use contents, and shall include mobile phones, smartphones, Personal Digital Assistants (PDA), tablets, mobile game devices, etc.
• “Contents” shall be all digitally manufactured contents relating to the Services provided by the Company for use in Mobile Devices (games, network Services, applications, game money, game items, etc.).
• “Paid Contents” shall be contents that is paid for and used by the Member.
• “Free Contents” shall be contents provided by the Company to the Member free of charge (including Paid Content provided free of charge).
• A “Character” shall be the game data designated and controlled by the service user pursuant to the methods provided by the Company.
• An “Item” shall be the data or the expression of such in a recognizable form of items, game money, and vouchers usable within the game.
• “Member Information” shall be the information provided to the Company by the Member including membership number, external account information, device information, nickname, profile picture, friend list, etc., in addition to the game usage information (Character information, Items, level, etc.) and payment information.
• The “Open Market” shall be the e-commerce environment established for the installation and payment of game contents on Mobile Devices.
• An “Application” shall be all programs downloaded, installed, and used through Mobile Devices for the use of the Services provided by the Company.
•  The definition of terms used in these Terms and Conditions, with the exception of those defined in Paragraph 1 of this Article, shall be pursuant to the related Acts. regulations and service policies, and undefined terms shall be pursuant to common commercial practices.

Article 3 (Provision of Company Information, Etc.)

The Company shall notify the Member of the items of the following subparagraphs through a method determined by the Company for easy readability, such as initial service screen, settings within service, etc.

Provided, That the Personal Information Policy and Terms of Use may be configured to be viewable by the Member through a linked page:

• Company name and name of CEO;
• Business address (Including an address where the Member may file complaints);
• Telephone number, email;
• Business registration number;
• Electronic commerce business number;
• Personal Information Policy;
• Terms of Service.

Article 4 (Effectiveness and Change of Terms and Conditions)

• The Company shall display, to notify the Member, the Contents of the Terms and Conditions within the service or on a linked page. Important items of the Terms and Conditions such as service suspension, withdrawal of membership, refunds, rescission or termination of agreement, exemption of the Company, etc. shall be indicated clearly by bold font, colors, or symbols, or displayed separately on a linked page for easy readability of the Member.
• If the Company revises the Terms and Conditions, the contents of the revision and reasons shall be stated and announced to the Member on the service page or a linked page seven (7) days before the revisions are applied. Provided, That if the changes are disadvantageous to the Member or if the changes are significant, this shall be announced thirty (30) days before application through the same aforementioned methods, and the Member shall be notified pursuant to the method of Article 27 (1). In this instance, the items before and after the revisions shall be clearly indicated for comparison and easy comprehension by the Member.
• If the Company revises the Terms and Conditions, the Company shall notify the revisions and verify consent from the Member regarding the revision. If the Company announces or notifies pursuant to paragraph 2, the purport that if the Member does not express intent to either consent or reject the revised Terms and Conditions, this shall be deemed as having expressed consent shall be announced or notified. If the Member does not express intent of rejection until the effective date of the Terms and Conditions, this shall be deemed as an expression of consent. If the Member does not consent to the revised Terms and Conditions, the Company or the Member may terminate the Terms and Conditions.
• The Member shall acknowledge the changes in the Terms and Conditions and the Company shall be liable to damages that occur due to ignorance of the revised Terms and Conditions.
• The Company shall make measures that facilitate inquires and responses between the Member and the Company regarding the Terms and Conditions.
• The Company may revise the Terms and Conditions within the boundaries of the Electronic Commerce Consumer Protection Act, Act on the Regulation of Terms and Conditions, Game Industry Development & Promotion Act, Information Network Act, Contents Industry Promotion Act, etc.

Article 5 (Conclusion and Application of the Use Agreement)

• The Use Agreement shall be concluded by approval from the Company after a user who intends to be a Member (hereinafter referred to as “Applicant”) consents to the Terms and Conditions before applying.
•  The Company shall, by principle, approve the Applicant. Provided, That the Company may reject or cancel approval for applications for use applicable to any of the following subparagraphs:

• Falsification of application details or failure to meet application conditions;
• Using the service through abnormal or roundabout methods from a country where the service is unavailable which requires the Company to impose restrictions on service use;
• If applying for the purpose of committing acts prohibited by the Game Industry Development & Promotion Act and other relevant Acts and regulations;
• If applying for the purpose of impeding social stability, order, or public morals;
• If intending to use the Services for unlawful purposes;
• If intending to use the service for the purposes of creating profit;
• If consent from a legal representative has not been obtained notwithstanding the legal age of the Applicant being less than 14;
• If an applicant in competition with the Company applies with the purpose of impeding the profit of the Company;
• If using the information or Mobile Device of another person without authorization;
• If the application for service use is sent from a Mobile Device restricted by the Company;
• If multiple accounts are created by theft of information of another user, input of false information, etc.
• If approval is deemed inappropriate for reasons similar to those of the aforementioned subparagraphs.

• If applicable to any of the following subparagraphs, the Company may defer approval until the cause is resolved:
• If there is no availability of Company facilities, if there is difficulty in supporting a particular Mobile Device, or if there are technical errors;
• If disabilities have occurred in the service or service payment system;
• If application approval is deemed difficult for other reasons similar to the aforementioned subparagraphs.

• If the Company discovers a circumstance applicable to paragraph 2 after approval of an application, the Company may withdraw the approval, terminate the Agreement, or take measures to restrict use.
• Pursuant to relevant Acts and regulations or the policies of the “Company” or “Open Market Business,” the use time, number of uses, service menu, etc. shall be divided by rank, and approval may be granted by adding limitations by rank to comply with rank and age limitations pursuant to differential conditions or regulatory Acts.

Article 6 (Standing Rules Outside Terms and Conditions)

Items and its interpretation not defined by the Terms and Conditions shall be pursuant to the Electronic Commerce Consumer Protection Act, Act on the Regulation of Terms and Conditions, Game Industry Development & Promotion Act, Information Network Act, the Contents Industry Promotion Act, etc. and relevant Acts and regulations or commercial practices.

Article 7 (Operating Policy)

• For items necessary for the application of the Terms and Conditions and items designated to delegate the specific scope within the Terms and Conditions, the Company shall designate them via the Operating Policy, Service Policy, Regulations on Use Restrictions, etc. (hereinafter referred to as “Operating Policy”) to protect the rights of the Member and maintain order within the game world.
• The Company shall display, to inform the Member, the contents of the Operating Policy within the service or on a linked page.

Chapter 2 Management of Personal Information

Article 8 (Protection and Use of Personal Information)

• Pursuant to the relevant Acts and regulations, the Company shall strive to protect the personal information of the Member. Regarding the protection and use of personal information, the Company shall comply with relevant Acts and regulations, and the Company’s Privacy Policy. Provided, That the Privacy Policy shall not be applied to linked Services outside the scope of Services provided by the Company.
• Based on service features, information about the Member including nicknames, characters, photographs, status information, etc. directly unrelated to personal information may be displayed.
• The Company shall not provide to others the personal information of the Member without their consent, unless if requested by a government organization related to the pertinent Acts and regulations, or circumstances stipulated by the Terms and Conditions or Privacy Policy.
• The Member shall, as a law-abiding manager of his or her account, fulfill the obligation of managing with diligence. The Member shall be held liable for any damages incurred to himself or herself due to negligent management of account information or providing use authorization to a 3rd party. The Company shall hold no liability regarding the pertinent damages, and shall not be requested for compensations for damages.

Chapter 3 Obligations of the Use Agreement Subjects

Article 9 (Obligations of the Company)

• The Company shall faithfully comply with the exercising of rights and fulfillment of obligations pursuant to the relevant Acts and regulations, and these Terms and Conditions.
• The Company shall, for a safe user experience of the Member, be equipped with a security system, and publish and comply with the Privacy Policy for the protection of personal information (including credit information.) The Company shall not reveal or provide to a 3rd party the personal information of the Member, unless pursuant to related Acts and regulations, or these Terms and Conditions and the Privacy Policy.
• If an equipment malfunction occurs or the data is destroyed or damaged while improvements to the service are made for a secure service delivery, the Company shall do the utmost to repair or restore the matter without delay, provided they are not caused by natural disasters, emergencies, malfunctions impossible to resolve with current technology, or other unavoidable causes.

Article 10 (Obligations of the Member)

• The Member shall not commit acts applicable to the any of the following subparagraphs regarding the use of Services provided by the Company:

• Entering falsified information during application or changes to Member Information;
• Using the service through multiple accounts by theft of another person’s information, falsifying reports, etc.;
• Selling, gifting, or using cyber assets (ID, Character, Item, game money, etc.) obtained through abnormal means or Services not provided by the Company for personal profit;
• Pretending to be an employee or manager of the Company, theft of another person’s name to create posts or send mail, or pretending to be, or stipulating a false relationship with, another user;
• Purchasing Paid Contents through theft of credit card, telephone, bank account information, etc. and the unlawful use of another Member’s ID and password through theft, etc.;
• Collecting, storing, displaying, or distributing another Member’s personal information without notice;
• Gambling and other speculative acts or solicitation of such acts, sharing or posting of lewd or vulgar information or linking obscene websites, or unwholesome use of the service including sending, distributing, etc. to others speech, audio, text, images, photographs, videos, etc. that evoke shame, disgust, or fear;
• Using the Services for purposes outside of the original purpose such as for profit, conducting sales, advertisement, promotion, political activity, election campaigns, etc. without notice;
• Copying, distributing, altering the information obtained from using the service or using it for commercial purposes;
• Deceiving another for profit and acts causing harm to another regarding the service use and the Company;
• Infringing upon the honor, privacy, portrait rights, intellectual property or other rights of the Company or another user, obstructing of work performance, or performing acts that cause damages;
• Transmitting or posting information (computer programs) prohibited by Acts or regulations or by the Company, or deliberately manufacturing, transmitting, posting, distributing, or advertising viruses, computer code, files, and programs designed to impede or destroy the normal operations of computer software, hardware, or electronic communication equipment;
• Changing the Application without special authorization from the Company, adding or inserting other programs into the Application, manufacturing, distributing, using, or advertising programs that aid the changing of the Application or the addition or insertion of other programs, manufacturing, distributing, using, or advertising programs that impede the normal operation of the Application, hacking or reverse engineering the server, leaking or changing the source code or Application data, construction of a separate server, changing or stealing part of the website without authorization, and impersonating the Company;
• Abusing of bugs to use a service or misuse of the payment process to receive refunds without reasonable cause and other abnormal usage of Services provided by the Company or a related 3rd party;
• Displaying or posting obscene or violent speech, text, video, audio, or other information that goes against the public order;
• Acts committed as an object of rights or the solicitation or advertisement of these acts such as paid disposition (transfer, sale, provision collateral, etc.) or lending of IDs, accounts, Characters, Items, game money, and other cyber assets or game data;
• Manipulating the price of digital assets;
• Violation of other related Acts and regulations, public goods, or miscellaneous social norms.

• The Member shall regularly confirm and comply with the relevant Acts and regulations, these Terms and Conditions, operating policy, regulations on use restrictions, and miscellaneous Company regulations in addition to items announced by the Company.
• The Member shall be responsible for the management of their account, private key, wallet, and Mobile Device, and shall not let others use them. The Company shall not be liable for damages incurred due to negligent management or giving approval for others to use the account, private key, wallet, and Mobile Device of the Member.
• The Member shall configure their password feature, etc. so that unlawful payments cannot occur on the Open Market. The Company shall not be liable for damages arising from the negligence of the Member.
• The Company may define detailed standards, contents, and restrictions stipulated in paragraphs 1 and 2, and acts stipulated in the following subparagraphs of the Operating Policy, and Member shall oblige by them:

• The account name, Character name, house name, and miscellaneous names used within the game;
• If there is a chatting system, the pertinent contents and methods;
• Methods of use for the notification board and service;
• Restrictions regarding game play method;
• Service policies of partnered mobile platforms such as Kakao, Facebook, Google Plus, etc.;
• Miscellaneous items necessary for system operation within the scope of not infringing on the fundamental rights regarding use of the service by the Member.

• The Company shall not be liable for losses incurred by the Member due to violation of obligations, and the Company may restrict service use, demand compensation or take other measures for damages that are caused by, or concerns of damage due to violation of obligations by the Member.

Chapter 4 Service Use and Restrictions

Article 11 (Provision of Service)

• The Company shall enable Services to be used immediately by the Member who has completed the Use Agreement pursuant to the provisions of Article 5. Provided, That parts of the service may commence at a particular date pursuant to the needs of the Company.
• Services shall be supported within the scope permitted by the laws of each nation, and Services shall not be supported within certain nations or regions that prohibit the pertinent service. The Company may restrict or prohibit the participation in Services that are prohibited by law.
• The Company may provide the Member additional miscellaneous Services included with the service as defined by the Terms and Conditions.
• The Company shall categorize the Member by rank pursuant to related Acts and regulations, the age of Member, application, and may differentiate rank based on service use procedures, service use time, number of uses, and scope of service, etc.

Article 12 (Use of Service)

• The service shall be provided during times designated pursuant to the business policies of the Company. The Company shall inform the users of the provided service time on the first page of the Application or Service notifications via an appropriate method.
• Notwithstanding paragraph 1, the Company may temporarily suspend the service, in part or whole, if there are circumstances applicable to any of the following subparagraphs: In this instance, the Company shall announce in advance the reason for suspension and the period of suspension on the first page of the game Application or the service notification board. Provided, That if advanced announcement is not possible due to an unavoidable circumstance, this may be announced after the fact:

• If necessary for system operation due to electronic infringement, communications accidents, abnormal game use by Member, unstable networks, etc. such as altering of game content, system maintenance, server repairs, inspection, extensions, replacement, hacking, etc.;
• If normal service cannot be provided due to power outages, malfunction of service facilities, service congestion, facility maintenance or inspection of key telecommunications service providers, etc.;
• Situations that cannot be controlled by the Company such as war, political incidents, natural disasters, national emergencies, etc.;
• If service is prohibited or a particular Member is prohibited from service provision by related Acts or regulations, or government policies during particular times or via particular methods;
• If there are other miscellaneous reasonable circumstances for suspension of service.

• If service is suspended or malfunctioning continuously for four (4) hours or more per day without prior warning due to causes attributable to the Company, the Company shall substitute damage compensation through methods such as extending the available time of Paid Contents three (3) times more than the service suspension or malfunction time, etc.

• The Company shall provide service by using a specific Application or network for Mobile Devices. The Member may download and install the Application or use the network to use the free or paid Services.
• Paid Contents may only be used after payment of the specified fees for the pertinent Services. If the Application is downloaded or Services are used through a network, separate charges may occur from the subscribed mobile communications provider.
• Free Content may be used for free. Provided, That the Free Contents or Paid Contents may include separate Paid Contents or paid features.
• Linking external wallets such as MetaMask, Wallet Connect, etc. is recommended in this game.
• Fees shall be collected for all transactions within this game to support the service. Fees pertinent to the purchase or sale of NFTs within the game shall be deemed to have been consented to and the Company shall automatically approve to deduct the fee from your payment.
• In the case of Services used through downloaded Application or through the network, they shall be provided as appropriate to the characteristics of the Mobile Device or mobile communications. If the Mobile Device or the password is changed, or international roaming is used, the Contents, in part or whole, may not be able to be used. In this instance, the Company shall not be held liable.
• In the case of Services used through downloaded and installed Application or through the network, background tasks may be run. In this instance, additional costs may occur according to the characteristics of the Mobile Device or the mobile communications provider, and the Company shall not be held liable for this.

Article 13 (Change or Termination of Service)

• The Company may make technical or managerial changes needed for the provision of unhindered service. The aforementioned contents shall be notified within the service before the changes are applied. Provided, That if unavoidable changes such as bugs ∙ errors and other urgent changes and updates, etc. are needed, or if the changes are not significant, notifications may be made after the implementation of changes.
• The Company shall have all-inclusive rights regarding the manufacture, additions, changes, maintenance, and repairs of service contents provided by the Company, and may take necessary measures for the maintenance of order and playability within the game. In addition, the Company may make technical or managerial changes needed for the provision of unhindered service.
• The Company may install or change (update), without prior consent from the Member, programs needed for service use such as separate programs, security programs, payment modules, etc. to provide unhindered service to the Member. Provided, That the Member shall be notified and consent shall be received when installing advertising programs or other programs unrelated to service use.
• The Company may cease all Services if it cannot continue Services due to severe circumstances such as discontinuance of business following transfer, division, or merger of business, expiration of agreement for game provision, or significant aggravation of profit. In this instance, the termination date, cause, and compensation conditions shall be notified on the first page of the game Application or on a linked page thirty (30) days prior to the termination date, and the Member shall be notified pursuant to the method of Article 27 (1).
• In the case of paragraph 4, the Company shall refund, pursuant to the Contents Member Protection Guidelines, paid items that are unused or have remaining usage time.
• The Company shall not be held liable for damages to the Member caused by loss of expected profits or benefits not directly provided by the Company due to changes or suspension of Services.

Article 14 (Collection of Information, Etc.)

• The Company may save ∙ store chat messages between Members, and only the Company shall possess this information. The Company shall mediate disputes between Members only for civil complaints and maintenance of order within the game, and the information may be accessed by 3rd parties only in cases pursuant to relevant Acts and regulations.
• If the Company or a 3rd party views chat information pursuant to paragraph 1, the Company shall notify the pertinent Member of the cause and scope. Provided, That if information relating to the investigation, process, and confirmation of prohibited acts pursuant to Article 10 (1), or damage relief due to such acts need to be viewed, this may be notified after the act.
• For the unhindered, stable operation and quality improvement of the service, the Company may collect and use information such as Mobile Device information (settings, specifications, operating system, version, communications provider, etc.) and service use history of the Member, excluding personal information.
• The Company may request the Member for additional information for the purpose of improving service and introducing Services to the Member. This request may be accepted or rejected by the Member and the Company shall, if making such as request, notify the Member of the fact that the request may be rejected.
• If the Company needs to verify identity, the Member may be notified of the reasons (purpose) and the Company may request identification or other forms of verification. The Company shall not use this outside of purposes announced in advance, and when the purpose is fulfilled, the Company shall destroy it in a method preventing regeneration.
• If the written items during application have changed, the Member shall directly correct them within the service or notify the Company of the changed items through miscellaneous methods. If this is not fulfilled, the Company shall not be held liable of the harm that occurs to the Member or a 3rd party, and if the Company incurs any damages for the aforementioned cause, the Member shall resolve this by the Member’s own cost and liability.

Article 15 (Provision of Ads)

• The Company may display advertisements related to service operation within the service. The Member intending to use the service shall be deemed to have provided consent to being exposed to advertisements during service use.
• The Member who has consented to receive notifications shall receive advertising information via methods such as e-mail, messaging Services (LMS/SMS), push notifications, etc. In this instance, the Member may reject notifications at any time and the Company shall not transmit advertising information to the pertinent Member.
• The Company may link, within the provided Services, advertisements or Services provided by other parties through banners, links, etc.
• Advertisements or Services provided by other parties that are linked pursuant to paragraph 3 shall not be within scope of Services provided by the Company, and hence the Company shall not guarantee reliability, safety, etc. and shall not be held liable for any damages to the Member. Provided, That if damages are facilitated due to deliberate actions or severe negligence from the Company, or measures to prevent damage is not taken, this shall not be applicable.

Article 16 (Attribution of Copyright, Etc.)

• The copyrights and miscellaneous intellectual property rights regarding the Contents within the Services of the Company shall be owned by the Company.
• The Member shall not use the information obtained from the use of Services provided by the Company in pursuit of profit, or permit another party to use it through copying or transmitting (including editing, announcing, performing, distributing, broadcasting, creating secondary intellectual property, etc.) the intellectual property of the provider or without prior consent.
• The Company shall permit, under the following conditions, the Member himself or herself or another Member seen in the game or relating to Services to upload or transmit conversation texts, communication, images, sounds, and other material and information (hereinafter referred to as “Member Contents”) through the game Application or Services:

• Use of Member Contents changes and miscellaneous alterations through editing (any form such as announcements, duplicates, performance, transmission, distribution, broadcasting, creating secondary intellectual property, etc. are permitted and there are no limitations on period of use or region);
• No sales, leasing, or transfer of Member Contents created by the Member for transaction purposes without prior consent from Member.

• Member Contents (for instance, posts on general boards) that are not visible within the game or integrated with the service shall not be used for commercial purposes without expressed consent from the Member, and the Member may delete such contents at any time.
• If the Company deems any post made by the Member within the service to be a violation of Article 10 (1), it shall take temporary measures without prior notification, or delete, move, or reject its approval.
• The Member who has had their legal gains infringed upon by information posted on the board operated by the Company may request to have the information deleted or to post contents to refute it. In this instance, the Company shall quickly take necessary measures and notify the complainant.
• This Article shall be effective during the operation Services and shall be continued to survive and be applied after the Member has withdrawn Membership.

Article 17 (Purchase of Paid Contents, Period of Accessibility and Use)

• Unless the Company has determined otherwise, the purchased Paid Contents within the Services shall only be used on the Mobile Device in which the Application has been downloaded or installed. Paid items shall only be used in the Service or Contents it has been purchased in.
• In addition to the methods determined and notified by the Company, the Member shall only use paid items with the Member’s own account, and they cannot be transferred, leased, or sold to 3rd parties.
• The period of use for Paid Contents purchased by the Member shall be pursuant to the period specified during purchase. Provided, That if service is suspended pursuant to Article 13 (2), Paid Contents that does not have a specified period of use shall expire on the announced date of suspension of the service.
• Paid Contents shall be categorized by paid and unpaid properties based on obtainment method. If the Member uses a part of owned Contents, Paid Content shall be the first to be deducted and afterwards Free Contents shall be deducted. If the Member only owns Paid Contents, this shall be deducted in the order it was purchased. Provided, That this may apply differently pursuant to circumstances of the game and this shall be announced through the Terms of Use, management policy, and announcement items.
• Miscellaneous items such as withdrawal, termination/rescission of agreement, refunds, and restrictions on Content use shall be pursuant to other articles of the Terms and Conditions.

Article 18 (Service Restrictions Regarding the Member)

      The Member shall not commit acts that violate the obligations pursuant to Article 10, and if pertinent acts are committed, the Company shall restrict the Member’s service, delete related information (posts, pictures, images, etc.,) and take miscellaneous measures pursuant to the categories of the following subparagraphs. Specific circumstances for restricting measures and procedures shall be defined by the separate Operating Policy of the game pursuant to Article 19 (1):

• Partial restrictions of rights: Temporary or permanent restrictions on chatting and certain rights;
• Restrictions on Character use: Temporary or permanent restrictions on the use of the Member character;
• Restrictions on account use: Temporary or permanent restrictions on Member account;
• Restrictions on Member use: Temporary or permanent restrictions on the Member’s service use.

• Regarding damages caused by justified use restrictions stipulated in paragraph 1, the Company shall not take measures to compensate the Member or refund Paid Contents.
• The Company may suspend service use of the pertinent account until investigation of circumstances for the following subparagraphs are complete:
• If legitimate reports of account hacking or theft are received;
• If there are suspicions of illegal acts such as of illegal program use or production, etc.;
• If provisional measures regarding service use is necessary for other circumstances similar to each subparagraph.

• After the investigation of paragraph 3 is complete, period of use for paid Services shall be extended equal to the suspension time, or the Member shall be compensated with an equivalent paid service, cash, etc. Provided, That if any of the subparagraphs of paragraph 3 are proven true through investigation, this shall not be applicable.

Article 19 (Use Restriction Measures, Circumstances, and Procedures)

• In order to determine the specific circumstances and procedures regarding use restriction measures pursuant to Article 18 (1), the Company shall consider the details, extent, number, results, etc. of the prohibited acts of Article 10 (1).
•  The Company shall provide prior notification to the Member regarding the following subparagraphs if use restriction measures are taken pursuant to Article 18 (1). Provided, That is urgent measures are necessary, this may be notified after the act:

• Causes of use restriction measures;
• Form and period of use restriction measures;
• Methods on filing an appeal regarding use restriction measures.

Article 20 (Procedure for Appealing against Use Restriction Measures)

• If the Member intends to appeal against the use restriction measures of the Company, an appeal shall be filed to the Company in written form, email, other applicable methods within fourteen (14) days of receiving notification of the measure.
• The Company shall respond to the appeal of paragraph 1 in written form, email, or other applicable methods within fifteen (15) days of receiving the appeal. Provided, That if providing a response is difficult within the time period, the cause and process schedule shall be notified.
• If the reason for the appeal is legitimate, the Company shall take appropriate measures.

Chapter 5 Cancellation, Refund of Overpayments and Termination of Use Agreement

Article 21 (Payment)

• Purchase price, surcharge, and payment regarding Contents shall be, in principle, pursuant to the policies or methods determined by the mobile communications provider or the Open Market business. In addition, the limit of each payment method may be assigned or adjusted pursuant to policies determined by the Company, Open Market business and government guidelines.
• If the purchase price of Contents is paid via foreign currency, the actual payment amount may differ from the indicated price on the service shop, etc. due to exchange rates ‧ fees, etc.

Article 22 (Cancellations, Etc.)

• The Member who has concluded an agreement with the Company regarding the purchase of Paid Contents may, within seven (7) days of the purchase agreement date or the content becomes usable, make a cancellation without a separate fee ‧ penalty.
• The Member may not make cancellations pursuant to paragraph 1 contrary to the intent of the Company if applicable to any of the following subparagraphs. Provided, That in the case of the purchase agreements composed of divisible Contents, the divisible Contents not applicable to the following subparagraphs shall be exempt:

• Paid Contents that are used or applied immediately after purchase;
• If additional benefits are provided, Contents for which the pertinent additional benefits have been used;
• If Contents deemed to have been used upon opening or Contents whose utility is determined upon opening is opened;
• Partial use of additional Contents that are provided when purchased (goods, points, mileage, item, etc.);
• Partial use of Contents sold in bundles and, as such, recovery is impossible;
• Contents that have been gifted by another party and not purchased by the Member;
• Contents that have been entirely lost or damaged due to causes attributable to the Member;
• Other Contents restricted from cancellation pursuant to relevant Acts and regulations such as Electronic Commerce Consumer Protection Act (hereinafter referred to as the “Electronic Commerce Act”), etc.

• Regarding Contents that are impossible to cancel pursuant to the regulations of the subparagraphs of paragraph 2, the Company shall clearly indicate this fact in a location easily visible to the Member, and provide trial products of the pertinent content (approval of limited time use, provision of experiences, etc.) or if provision is difficult, information about the Contents shall be provided to prevent infringement of the Member’s rights of cancellation. If the Company does not take such measures, notwithstanding the cancellation restrictions of the subparagraphs of paragraph 2, the Member may make cancellations.
• Paragraphs 1 and 2 notwithstanding, if the Paid Contents are different from what was indicated or advertised, or it is executed differently from the purchase agreement, the Member may cancel within three (3) months of the date of Contents use or within thirty (30) days of becoming or possibly being aware of this fact.
• If the Member makes a cancellation, the Company may check the purchase history through the platform business or Open Market business. In addition, the Company may contact the Member through the information provided by the Member to confirm the legitimacy of the cancellation cause and demand additional evidence.
• If cancellation occurs pursuant to the regulations of paragraphs 1 to 4, the Company shall recover the Paid Contents of the Member without delay and refund the price within three (3) business days. In this instance, if the Company delays the refund, it shall pay, regarding the delayed period, an interest calculated by multiplying the interest rate determined by Article 21 (3) of the Electronic Commerce Act and the enforcement decree of the pertinent Act.
• Telecommunication fees (call rate, data charges, etc.) occurring due to Application download or the use of network Services may be exempt from refund.
• If a minor concludes a Contents purchase agreement on a Mobile Device, the Company shall notify that, without the consent of a legal representative, the agreement may be canceled by the minor or legal representative, and if the minor concludes a purchase agreement without the consent of a legal representative, the agreement may be canceled by the minor or legal representative. Provided, That if a minor purchases Contents with disposable assets with a scope designated by a legal representative, or pretends to be an adult through trickery or pretends to have received consent from a legal representative, this may not be canceled.
• Whether the party of the Contents purchase agreement is a minor shall be determined based on the used Mobile Device, payment information, the name on the payment method, etc. In addition, the Company may demand documents as proof that the Member is a minor or legal representative in order to confirm the legitimacy of the cancellation.
• If the consumer has paid the price through methods pursuant to Article 18 (3) of the Electronic Commerce Act, the Company may request the payment agency to suspend or cancel the bill when refunding the payment pursuant to paragraph 6. Provided, That if the Company has already received, from the payment agency, the price of the purchase that is to be cancelled, the pertinent price shall be refunded to the payment agency and the Member shall be notified

Article 23 (Refund of Overpayment, Etc.)

• If overpayment occurs, the Company shall refund the overpayment to the Member. Provided, That if the overpayment occurred due to negligence of the Member without deliberate intent or negligence from the Company, the actual cost of the refund shall be burdened by the Member within a reasonable scope.
• Payment through the Application shall be pursuant to payment methods provided by the Open Market business, and if overpayment occurs during the payment process, the Member shall request the Open Market business for a refund.
• Telecommunication fees (call rate, data charges, etc.) occurring due to Application download or use of network Services may be exempt from refund.
• Refund of overpayment shall be pursuant to the refund policies of the Open Market business or the Company depending on the type of operating system of the Mobile Device used for the Services.
• The Company may contact the Member through the information provided by the Member to process the refund of overpayment and may request necessary information. The Company shall refund the Member within seven (7) business days of receiving the necessary information from the Member.

Article 24 (Termination of Agreement, Etc.)

• If the Member does not desire to use the service, the Member may terminate the Use Agreement through service withdrawal. With the exemption of information owned by the Company pursuant to related Acts and regulations, the service and membership withdrawal shall result in the deletion of all user information of the Member within the service.
• If there is a severe circumstance that makes maintaining the agreement impossible, such as the Member committing acts prohibited by the Operating Policy or Service Policy pursuant to these Terms and Conditions, etc., the Company may provide a peremptory notice before a significant period and determine a period to suspend or terminate the Use Agreement. Provided, That if the Member causes damage to the Company through violation of the current regulations, deliberate intent, or severe negligence, or there is an urgent circumstance where prior notification or a peremptory notice is impossible, the Use Agreement may be terminated immediately.
• Withdrawal from service pursuant to paragraph 1 may be performed through customer service or the withdrawal procedure within the service. If withdrawal from service is requested, the Company may verify the Member’s identity and if the identity if verified, the measures requested by the Member shall be taken.
• If a member wishes to recover an account that has been withdrawn, he or she can apply for account recovery through the customer service. An account that has been withdrawn can only apply for account recovery once, within 30 days of withdrawal.
• If the Use Agreement is terminated due to damages caused to the Company through violations of the current regulations, deliberate intent, or severe negligence by the Member, the Member shall lose the right to use paid Services and Contents, and may not make requests for refunds and damage compensation.
• The Company may terminate the Use Agreement, destroy personal information, and take other measures to protect the personal information of the Member who have not used the Services of the Company for one (1) continuous year from the most recent date of use (hereinafter referred to as “Dormant Account.”) In this instance, the Member shall be notified of the agreement termination, destruction of personal information, etc. and other measures in addition to the information to be destroyed within thirty (30) days before the measures are enacted.

Chapter 6 Compensation for Damages, Exemptions, Etc.

Article 25 (Compensation for Damages)

• The Company or the Member shall be liable to compensate for damages caused to each other from violations of these Terms and Conditions. Provided, That if there is no deliberate intent or negligence, this shall not be applicable.
• If the Company enters a partnership agreement with a separate service provider and provides a separate service to the Member, and if the Member consents to the Terms of Use of the separate service and incurs damages due to deliberate intent or negligence of the separate service provider, the separate service provider shall be liable for the damages.
• If the Company is requested for damage compensation or subject to lawsuits and other objections from a 3rd party due to causes attributable to the Member, the pertinent Member shall exempt the Company through the Member’s own liability and cost, and if the Company shall not be exempt, the pertinent Member shall be liable to compensate for all damages incurred by the Company.

Article 26 (Exemption of the Company)

• If the Company cannot provide Services due to Force Majeure such as natural disasters and technical issues that are impossible to resolve with current technology, the Company shall not be liable for the provision of Services.
• The Company shall not be liable for damages occurring due to maintenance of facilities, replacement, inspection, construction, etc. and other similar causes, or damages due to suspension or abnormal provision of communications Services from key telecommunications service providers. Provided, That if there is no deliberate intent or negligence by the Company, this shall not be applicable.
• The Company shall not be liable for disabilities caused by errors in the Member’ Mobile Device, issues arising from inaccurate input of Member Information, failure to apply or write changes, or disabilities in service use from miscellaneous deliberate intent or negligence from the Member. Provided, That if the Member has unavoidable or legitimate causes, this shall not be applicable.
• As long as there is no deliberate intent or negligence from the Company, the Company shall not be held liable for the reliability and accuracy of the input service-related information from the Member.
• The Company shall not have any obligation to intervene in disputes over transactions between the Member or another party where the service was the medium, and the Company shall not be held liable for any damages arising from this dispute.
• The Company shall not be held liable for damages incurred by the Member regarding Services provided for free. Provided, That if there is deliberate intent or negligence from the Company, this shall not be applicable.
• The Company shall not be held liable for the Member profits that do not meet expectations or losses incurred from service use. 
• The Company shall not be held liable for any losses of in-game experience, levels, items, or game money of the Member. Provided, That if there is deliberate intent or negligence by the Company, this shall not be applicable.
• The Company shall not be held liable for 3rd party payments that occur due to poor management of Mobile Device passwords or passwords provided by Open Market businesses. Provided, That if there is deliberate intent or negligence by the Company, this shall not be applicable.
• The Company shall not be held liable for all of the Contents or certain features being inaccessible due to changing Mobile Devices, Mobile Device passwords, operating system versions, service providers, etc. by the Member. Provided, That if there is deliberate intent or negligence by the Company, this shall not be applicable.
• The Company shall not be held liable for deletion of Contents provided by the Company or Member Information by the Member. Provided, That if there is deliberate intent or negligence by the Company, this shall not be applicable.
• The Company shall not be held liable for damages incurred from Services used by a temporary Member. Provided, That if there is deliberate intent or negligence by the Company, this shall not be applicable.

Article 27 (External Link)

For service provision, the Company shall use external applications such as MetaMask, etc., and may include, and shall not be limited to, 3rd party websites and resources (hereinafter referred to as “External Links.”) Such sites shall only be provided for your convenience, and the Company does not own the external links nor shall it be held liable for the accuracy, performance, or quality of any Contents, Services, or Application discovered on the external links. If you use external links, it is presumed that you understand the application of the provided Terms and Conditions and Privacy Policy from the external links, and that you consent that they are used under your own liability.

Article 28 (Statements and Guarantee)

You shall accept and acknowledge the following items:

• The Member who has agreed to use the service has carefully reviewed these Terms and Conditions, and explicitly acknowledge and indicate his or her comprehension of the risks, cost and merits regarding service use;
• You have all necessary related experience and knowledge for handling digital items and/or blockchain based systems, you completely understand the pertinent framework, possess the related expertise and knowledge needed for purchasing, using, and managing digital and encrypted assets (including purchase and use) and blockchain based systems, and you are fully liable for all assessments based on such knowledge;
• The value or NFTs is subjective. NFT prices are subject to fluctuations and cryptocurrency price fluctuations may also realistically and negatively affect NFT prices. The lack of mainstream interest in the generation and development of distributed ecosystems may negatively affect the current ecosystem and development of related Application, and as such, it may negatively affect the potential utility of NFTs. Regulatory systems of blockchain technology, non-fungible tokens, cryptocurrency, and other encryption-based items are unclear and new regulations or policies may severely affect the service development and utility of NFTs.

You shall consent and understand that you are wholly liable for your decisions regarding the nature of risk, potential value, suitability and adequacy, and that the Company shall not provide advice or suggestions regarding suitability and adequacy, including investment strategies. You fully understand such subjectivity and volatility, and acknowledge that you may incur losses;

• You are wholly liable for all taxes and miscellaneous costs owed to the nation or governing body you reside in regarding the withdrawal of the cryptocurrency you receive;
• You understand and agree that if you deposit your digital assets to the wrong address, the Company may not have the capability to resolve this, and shall not have the obligation or liability to return such digital assets to you;
• You acknowledge that there is risk related to hardware, software, internet connection, and usage of the internet and blockchain products including but not limited to the introduction of malignant software regarding each service, and the Company shall not be liable for malfunctions, suspension, errors, distortions, or delays in communication;
• If there is a dispute with another user, you shall exempt the Company from all claims, demands and damages of known or unknown types and characteristics occurring from the pertinent dispute in any way;
• Access to each service and external links and their use shall be under your discretion, and you shall be fully liable for any loss of data caused by damages to your computer system or Mobile Device;
• If service usage is prohibited or restricted due to the laws or policies of the Member’s country of residence, and if the service is used by violating, bypassing, or evading the prohibition, the Company shall not be held liable for violations of the laws and policies of the country;

Article 27 (Notifications to the Member)

• If the Company notifies the Member, this may be performed via email, electronic memos, messages within the service, text messages (LMS/SMS), etc.
• If the Company notifies all Members, notifications shall be posts for seven (7) days or longer within the service or displayed on popup pages, substituting the notification of paragraph 1.

Article 28 (Jurisdiction and Governing Law)

These Terms and Conditions shall be regulated and interpreted pursuant to the laws of the Republic of Korea. If there is a lawsuit filed regarding a dispute between the Company and the Member, the court designated by a legal procedure shall be the court of jurisdiction.

Article 29 (Resolution of Member Concerns and Dispute Settlement)

• The Company shall consider the convenience of the Member and provide guidance regarding the method to file opinions or complaints within the service or on a linked page. The Company shall manage a specialized workforce to process the opinions or complaints of the Member.
• If the Company acknowledges the opinion or complaint filed by the Member to be objectively legitimate, this shall be resolved quickly within a reasonable period. Provided, That if an extended period of time is needed to resolve the issue, the cause and processing schedule shall be notified to the Member within the service or the notified pursuant to Article 27 (1).
• If a dispute occurs between the Company and the Member and a 3rd party dispute mediation institution provides mediation, the Company shall earnestly prove to the Member the response measures such as use restrictions etc., and shall comply with the mediation from the dispute mediation institution.

Article 30 (NINKY)

• NINKY TOKEN (hereinafter referred to as “NINKY”) is the currency used within the game. 
• The Company shall not guarantee that NINKY exchange is possible or exchange will continue to be possible on particular platforms.
• The Company is not a financial institution and financial Services such as investment Services, fund management, or investment advice shall not be provided. 
• The Company shall not make guarantees regarding the value of NINKY, and the Member shall be explicitly warned that the value of NINKY may increase, decrease, or be lost completely.
• You shall guarantee that you have obtained NINKY for service use and not for investment or financial purposes. In addition, you shall also state and guarantee that you acknowledge and accept all miscellaneous risks stemming from owning NINKY.
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<Addendum>

1. Terms and conditions will be effective from September 8, 2022.

2. The company's mobile game service Terms and Conditions and community terms that were applied before the effective date will be replaced by these Terms and Conditions.