Terms of Game Service
Article 1 (Purpose)
This agreement aims to establish the rights, obligations, and other necessary provisions between the company and the user in regards to the use of the game service (hereinafter referred to as "Service") provided by EIGHT STUDIO.inc (hereinafter referred to as "Company").
Article 2 (Definitions)
The definitions of terms used in these Terms and Conditions are as follows, and the interpretation of undefined terms shall be in accordance with relevant laws and regulations.
1. "Customer" refers to a person who, in order to use the services provided by the Company, downloads the game application from an open market operated by an open market operator or platform provider.
2. "User" refers to a customer who agrees to these Terms and Conditions and the Privacy Policy and is authorized to use the services provided by the Company.
3. "Service" refers to all game services provided by the Company.
4. "Device" refers to wired and wireless devices such as cell phones, smartphones, PDAs, tablets, and portable game devices that can access the Service.
5. "Application" refers to any program that can use the Service provided by the Company.
6. "Open Market Operator" refers to an e-commerce company that provides the ability to download applications provided by the Company and to make In-App Payments.
7. "Platform Provider" refers to any business that provides services in partnership with the Company and any related services.
8. "User Account" refers to a combination of letters, numbers, or special characters selected by the user and assigned by the open market operator or platform provider to identify the user and use the service.
9. "Temporary Account (Guest ID)" refers to a user identification number arbitrarily assigned by the platform provider for user identification and service use separate from the user account.
10. "Contents" refers to items etc. created by the Company to be used within the Service.
11. "Paid Contents" refers to content that users purchase through In-App Payment to enjoy certain effects or benefits when using the Service.
12. "Free Contents" refers to content that a user does not purchase through In-App Payment, but receives as a gift from another User or acquires for free while using the Service.
13. "In-App Payment" refers to the act of making a payment to purchase paid content within the application.
Article 3 (Information Provided by Company)
The Company shall make the following Articles readily available to users by posting them on the Company's website or through a link within the Application.
1. Company Name and Representative of the Company
2. The address of the Company's business location (including the address of where complaints are handled) and the Company's e-mail address
3. Telephone Number
4. Business Registration Number, Communication Vendor Registration Number
5. Terms of Service
Article 4 (Terms and Amendments)
① These Terms and Conditions shall be made valid by posting them on the Company's website for Users to be aware of or by notifying Users through the connection screen of the application.
② The Company may revise these Terms and Conditions to the extent that they do not violate relevant laws, such as the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Act on the Promotion of the Game Industry, the Act on the Promotion of Information and Communication Network Utilization and Information Protection, and the Content Industry Promotion Act. The revised terms and conditions shall be notified to users through official communities, in-application notices, or the connection screen at least 7 days prior to the date of application, while specifying the date of application, details of revised contents, and reasons for revision. However, matters that materially affect the rights and obligations of Users will be notified 30 days prior to the effective date.
③ Users may disagree with the changed terms, and upon disagreement with the changed Terms and Conditions, they may stop using and withdraw from the Service. However, if, following notifications of the changes to the Terms and Conditions as laid out in Paragraph 2, the User does not explicitly express their disagreement to the Company before the date of application of the changed Terms and Conditions or if the User continues to use the Service after the date of application of the changed Terms and Conditions, they will be deemed as having agreed to the changed Terms and Conditions.
Article 5 (Additional Terms)
In the interpretation of these Terms of Service and also for matters not set forth in these Terms of Service shall be governed by related legislations and practices from the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Game Industry Promotion Act, the Act on Promotion of Information and Communications, the Network Utilization and Information Protection and the Content Industry Promotion Act.
Article 6 (Formation of Use Contract)
① The Service Use Contract is established by the action of the Customer installing and running the game application, agreeing to these Terms and Conditions and the Privacy Policy, applying to use the Service, and the Company's approval of that application. If the game application is ran normally on the device after completion of the user's application for use of the Service, the application is deemed to be approved.
② If the User steals the personal information of others in the process of using the Service, the User forfeits their claim to the rights of a User under these Terms and Conditions, and the Company may cancel or terminate the use contract. The same shall apply if the User provides personal information to the platform provider and uses the Service through the platform provider.
③ The Company may not approve an application for use that falls under any of the following items:
1. If a User who has been restricted from using the Service within the last three months or permanently restricted in accordance with the Service Operation Policy applies for use.
2. If it is necessary to restrict the provision of the Service to Users accessing from a specific country or in accordance with a contract concluded by the Company.
3. If the User applies for the purpose of committing illegal acts prohibited by the Game Industry Promotion Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection and other related laws and regulations.
4. If it is deemed inappropriate to approve the application for any other reason falling under items 1 through 3.
Article 7 (User Account Management)
① The Company shall perform all User management tasks, including ensuring the availability of the Service, through User accounts (including temporary accounts).
② The User shall manage their user account with the obligation of care of a good administrator. The Company shall not be liable for any damage caused by the User's negligent management of their user account or authorization of use by a third party.
Article 8 (Obligations of the Company)
① The Company shall abide by relevant laws and regulations and use best efforts to perform its obligations set forth in the Terms of Service.
② If opinions or complaints raised by Users are objectively recognized as legitimate, the Company shall promptly handle them within a reasonable period of time. However, if the processing takes a long time, the User shall be notified separately of the reason for the delay and the schedule for resolution.
③ In the event of a Service failure, the Company shall make every effort to repair or restore it without delay unless there are compelling reasons.
④ The Company shall endeavor to provide convenience to the User in the procedures and contents related to the contract with the User, such as signing, changing, and terminating contracts.
Article 9 (Obligations of Users)
① Users shall not use the Service provided by the Company for anything other than its original purpose or engage in any of the following behaviors:
1. Use of other people's personal information or misrepresentation of facts when providing personal information to the Company for user inquiries, paid content recovery and refund requests, event rewards, etc.
2. Stealing or fraudulently using another User's user account or stealing another User's payment method or information to purchase paid content.
3. Acts of trading (including gifting) or sharing paid contents with others, and then using said content.
4. Commercial or non-commercial use of information obtained from the Company's Service or application, or misuse of Service using known or unknown bugs, etc.
5. Use of the Company's Service or application to generate profit for oneself or others.
6. Defaming or damaging the reputation of others.
7. Infringe on the intellectual property rights, portrait rights, and other rights of the Company or a third party.
8. Acts that inflict damage to third parties by deceiving third parties, or by using or utilizing the Service provided by the Company in an inappropriate manner.
9. Exchanging or posting obscene or vulgar information or linking to obscene sites or posting unauthorized advertisements or promotional materials.
10. Inducing or participating in fraudulent behavior, such as gambling for financial gain.
11. Transmitting or disseminating text, symbols, sounds, images, etc. that cause shame, disgust, or fear to other Users.
12. Destroying, damaging, altering, falsifying, forging, or otherwise interfering with the operation of information and communication systems, data, programs, applications, etc.
13. Arbitrarily changing the application, adding or inserting other programs into the application, or manipulating or changing data communication between the server and the application.
14. Using the service for the purpose of profit, sales, advertising, political activities, illegal campaigning, etc. without the consent of the Company.
15. Other acts that violate public order and morals or are illegal, unfair, or in violation of relevant laws and regulations.
② The user shall be obligated to regularly check and comply with announcements and revisions to the Terms and Conditions on the Company's official blog for the Service or within the application, and shall not engage in any behavior that interferes with the Company's business.
③ The User shall be responsible for the management of their user account and the device using the Service, and shall not allow a third party to use it. In addition, the User shall not claim payment cancellation or refund for the purchase and use of paid contents that arises from the User's negligence in management or by providing permission to use the device..
④ The Company may establish and operate the Service Operation Policy, and the User shall use the service in compliance with the Service Operation Policy established by the Company.
⑤ The Company may revise the Service Operation Policy on occasion, and upon doing so, the procedure in Article 4, Paragraph 2 shall be followed.
⑥ As the User's service usage record is automatically stored based on the application's internal data, the Company shall not bear any responsibility for damages to the user in this regard.
Article 10 (Use and Suspension of Service)
① The Company will start the Service once the User agrees to use the Service. However, in the case of some Services, the Service will be provided from a date specified according to the needs of the company.
② If the User uses the Service through a temporary account (Guest ID), it is recommended that the User use the Service through a user account, as paid contents and service usage records may be deleted if the application is deleted from the device or the terminal is replaced (changed). If the User uses the Service through a temporary account (Guest ID), the Company will notify the User in advance when they first use the Service, and the Company shall not be liable for any damages caused by deleting the application or replacing the device.
③ Download the application or using the Service through a network may incur a separate fee set by the User's mobile network operator. Furthermore, the User may not be able to use all or part of the contents in the event of a change of device or overseas roaming, and downloaded and installed applications or Services used through a network may be subject to background operations. In this case, additional charges may be incurred depending on the characteristics of the device or network provider, and the Company shall not be liable in this regard.
④ The Company provides the Service 24 hours a day, 7 days a week, 365 days a year, unless there are special business or technical obstacles. However, the Company may suspend the use of the Service for a period of time if necessary for operational purposes, such as system maintenance, server expansion and replacement, various bug patches, and service changes. In such cases, the Company will notify User on the time and reason in advance through the official community or notices within the application. However, if there is an unavoidable reason that the Company cannot notify in advance, the Company may notify afterward.
⑤ The Company may discontinue all Services if it becomes difficult to continue the Service due to significant management reasons, such as the abolition of the Service due to business transfer, division or merger, expiration of the service provision contract, or decline in the profit of the Service. In this case, the reason for discontinuation and compensation conditions shall be announced in the manner prescribed in Article 4, Paragraph 2, at least 30 days prior to the date of discontinuation, and the period of use of paid contents without a fixed period shall be until the date of discontinuation announced in the service discontinuation notice.
Article 11 (Service Content and Revisions)
① Users shall use the Service in accordance with these Terms and Conditions and the Service Operating Policy or Rules of Use.
② The Company has comprehensive authority over the Service, including the operation and termination of the Service.
③ The Company may restrict, suspend, or terminate all or part of the Service in any of the following cases:
1. Unavoidable cases such as war, natural disasters, or national emergencies.
2. If there is an obstacle to the normal use of the Service, such as a power outage, failure of various facilities, or excessive usage.
3. Unavoidable cases due to construction such as repair of service facilities.
4. If the Service cannot be provided due to other circumstances of the Company.
④ The Company shall not be liable for any problems arising from the change and/or suspension of the Service, except in cases where the change or suspension of the Service is due to the intention or negligence of the Company.
Article 12 (Provision of Information and Placement of Advertisements)
① The Company may request additional information from the User in addition to the User information provided through the platform provider and/or the open market operator, and the Company shall not use the User information collected or provided for any purpose other than the purposes set forth in the Privacy Policy.
② The Company may post advertisements on the Service, and the User agrees to be exposed to advertisements when using the Service.
③ The Company shall not be liable for any loss or damage caused by the User's access to, participation in, or transaction with the advertisements mentioned in Paragraph 2.
④ The Company may send advertisements to Users by utilizing device notifications (push notifications), and Users may refuse to receive these at any time through the application.
Article 13 (Purchase of Paid Content)
① Users may purchase paid contents according to the payment policy of the open market operator depending on the type of device they are using to access the Service, and differences in the payment policy between providers may result in differences in the payment amount. In addition, the purchase price of paid contents is charged according to the method and policy set by the carrier or platform provider linked to the open market operator and/or the open market operator. The payment method is also subject to the payment policy of the applicable provider.
② Paid contents purchased by the User from the Service can only be used on the device where the User has downloaded and installed the Service application.
③ If a user converts paid content to content within the Service, the period of use of the converted content is one year from the date of conversion, and the right to use the content is rescinded if this period has elapsed. However, if the period of use is specified separately, then it shall be in accordance with this period. Furthermore, if the content can no longer be used due to the change or termination of the Company's Service during the period of use, the same/similar content will be compensated.
④ The User may use the paid content only with the user account, and may not transfer, rent, sell, or exchange it to a third party. However, this is not the case if it is used in a method separately determined and announced by the Company.
⑤ Paid content purchased by the User can be recovered through payment recovery. However, if the same product is purchased repeatedly, it may only be recovered once.
Article 14 (In-App Payment)
① The application includes an In-App Payment function for purchasing paid content.
② Users should prevent In-App Payments being made by third-parties through the password function provided by the device, open market operator and/or mobile network provider.
③ The company shall not bear any responsibility for third-party In-App Payments caused by Users not taking preventative measures or exposure of the User's password due to their own lack of caution.
④ If a User subscribes to their mobile carrier's youth plan, when making an In-App Payment through their device, the purchase is considered to have been made with the consent of their legal guardian.
⑤ The User is responsible for paying the In-App Payment in good faith.
⑥ Payment limits can be granted or adjusted for each payment method according to the Company's policies and the policies of payment companies (mobile carriers, open market operators, etc.).
Article 15 (Withdrawal of Subscriptions and Refunds)
① If the paid content is different from the content advertised or changes within 7 days from the date of purchase or the date of availability of the paid content, the User may withdraw the subscription (purchase cancellation) within 3 months from the date of availability or 30 days from the date of learning of the change. However, the withdrawal of subscription (cancellation of purchase) may be limited for paid contents with similar characteristics, such as paid contents that have already been used or are considered to have been used when requesting withdrawal of subscription.
② If the paid content purchased by the User cannot be used in the service due to reasons attributable to the Company, the Company shall compensate with the same or similar paid content or refund the purchase amount in full regardless of the date of purchase.
③ Refunds for paid content purchased by the User shall be made in accordance with the refund policy of the open market operator used by the User, and the detailed refund application procedure shall be in accordance with the operation policy of the open market operator. Furthermore, if the refund for the purchased paid content is completed, the paid content will be deducted by the refund amount. If the paid contents is purchased differently, the method prescribed in Paragraph 2 of this Article shall be followed. However, if a User uses a part of the paid content that was paid differently, only the paid content will be compensated.
④ Users are considered to have expressed their intention to use paid content if they have converted the paid content into content, if the basic unit that can be purchased within the Service is damaged due to full or partial use, or if they have undergone a process of consent, such as acceptance, etc. on a screen related to the transmission/reception of paid content, such as a message and/or gift.
⑤ Paid content acquired by the User without going through the In-App Payment process where normal purchase details are recorded, paid content received as a gift from other Users, and free content acquired through the Company's events are not refundable.
⑥ The Company shall take measures to ensure that in the case of paid content where withdrawal of subscription is restricted that this restriction is indicated before completing the In-App Payment. If the Company does not take such measures, the User may withdraw the subscription regardless of reason for restricting such a withdrawal. However, in the following cases, withdrawal of subscription is restricted:
1. Paid content that is used immediately after purchase or is immediately applied to the Service.
2. Paid Content that is provided with additional benefits that are used after purchase.
3. A part of the paid content sold as a bundle (package) is used.
4. Opening gacha/probability type paid content where the act of opening can be seen as use or where the utility is determined upon opening.
5. If a part of the paid content has been used or is difficult to resell due to the passage of time.
⑦ If a minor purchases paid content through In-App Payment without the consent of a legal guardian, the minor or legal guardian may cancel the In-App Payment. However, if the minor has made the purchase within the scope of property permitted to be disposed by a legal guardian or if the minor has deceived the Company by leading the Company to believe that the minor is an adult or that a legal guardian had given their consent, cancellation of the agreement shall not possible. The status of the purchaser of the paid content as a minor is determined based on the name registered to the device or payment method through which the In-App Payment was made. When a request to cancel the payment of a minor is made, documents shall be submitted to the Company to prove the respective status of minor and legal guardian.
⑧ In-App Payment follows the payment method provided by the open market operator. In the event of overpayment during the In-App Payment process, a refund must be requested from the open market operator. If an overpayment occurs during the In-App Payment process and a refund (including cancellation of payment) is requested from the Company, the Company will in turn request an overpayment refund from the open market operator only if possible according to the policy and system of the open market operator, and the method of refunding the overpayment shall be in accordance with Article 16, Paragraph 3. However, if the open market operator restricts the Company's ability to apply for refund of overpayment, the User must request a refund for overpayment directly from the open market operator.
⑨ In-App Payments made through the gift-giving function cannot be canceled or refunded in principle unless there is a defect in the purchased paid content, and refunds due to defects in the paid content are only available to the User who sent the gift.
Article 16 (Effects of Subscription Withdrawal)
① If the user withdraws a subscription pursuant to the text of Article 15, Paragraph 1, the Company shall retrieve or delete the paid content without delay, and refund the payment received within 3 business days from the date of retrieving or deleting the paid content, or refund the payment through payment cancellation.
② In the case of Paragraph 1, if the Company delays refunding the user, the Company shall pay delayed interest calculated by multiplying the period of delay by the rate prescribed by the Act on Consumer Protection in Electronic Commerce, etc. and the enforcement regulations of the same Act.
③ When the Company makes a refund, if the User has paid by credit card or other payment method prescribed by the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, the Company shall request the business that provided the payment method to suspend or cancel the charge without delay. However, if the Company has already received payment from the payment provider, it shall refund the payment to the payment provider and notify the User.
④ If the User withdraws a subscription pursuant to the text of Article 15, Paragraph 1, the user shall bear the cost of returning the paid content (except for cases where the content received or the way it is provided is different from or the content advertised), and the Company shall not claim penalties or damages from the User for withdrawing the subscription.
Article 17 (Termination of Contracts and Suspension of Service Use)
① If at any time the User wishes to no longer use the Service, the User may terminate the Service contract by using the withdrawal method provided within the application.
② Upon cancellation (withdrawal) of the service use contract, the Company shall delete service usage records, paid and free content, etc. without delay. Therefore, the User must request a refund of paid content before the service use contract is canceled (withdrawn). However, deletion of service use records (withdrawal processing) may only be completed following the end of a grace period (14 days from the date of application of withdrawal) to prevent damage caused by operation mistakes, and the User may withdraw the application for termination (withdrawal) of the service use contract at any time within the grace period.
③ The Company may terminate the use contract or restrict the use of the Service for a specified period of time if the user violates Article 9 or the Service Operation Policy.
④ The User may appeal the restriction of Service use pursuant to Paragraph 3 in accordance with the procedure established by the Company, and if the Company determines that the User's appeal is justified, the Company will immediately resume Service use.
⑤ The Company shall not be liable to compensate the User for any damages suffered by the User due to the restriction of service use under Paragraph 3 if the restriction of service use is justified.
⑥ If the User does not use the service continually for one entire year, the Company may terminate the service use contract and take measures such as deleting or separately storing the user's personal information in order to protect it. In this case, the Company will notify the user of the details of such measures at least 30 days before the date of action.
Article 18 (Restriction of Use)
① The Company may temporarily suspend use of the Service pending the completion of an investigation into a matter falling under any of the following subparagraphs.
1. The Company received a legitimate report that the User's account was hacked or stolen;
2. It is reasonably suspected that an act by the User falls under the acts subject to sanctions stipulated in the Service Operation Policy;
3. It is determined that an act by the User falls under any of the other acts applying to Paragraphs 1 and 2.
② The company shall extend the period of use of paid content in proportion to the period of use of the service after the investigation under each subparagraph of Paragraph 1 is completed. However, this extension will not be granted if the User is determined to violate one of the subparagraphs of Paragraph 1.
Article 19 (Compensation)
① The User shall compensate the Company for any damage caused to the Company due to violation of the obligations of these Terms and Conditions, or if the User causes damage to the Company in the process of using the Service.
② If the Company receives various objections from a third party other than the User due to illegal activities or violations of these Terms and Conditions, the User shall indemnify the Company at the User's own risk and expense, and if the company is not exempted, compensate the Company for damages.
Article 20 (Liability)
① The Company shall be exempted from responsibility if the service cannot be provided due to reasons of natural disaster or other corresponding reasons of force majeure.
② The Company shall not be liable for any suspension or interruption of the Service due to reasons attributable to the User, nor shall the Company be liable for any damage caused to the User due to the suspension or failure of the telecommunications service provider to provide the telecommunications service normally.
③ The Company shall be exempted from liability in the event that the Service is suspended or impaired due to unavoidable reasons such as repair, replacement, or regular inspection of service facilities announced in advance or carried out urgently.
④ The Company shall not be liable for the failure of the User to obtain the expected score, ranking, etc. by using the Service, and shall be exempted from liability for damages arising from the selection or use of the Service.
⑤ The Company shall not be liable for any disadvantages or loss of information caused by the User changing their personal information (including user account).
⑥ The Company shall not be liable for any problems arising due to the User's device environment or network environment etc. in the process of using the Service without any reason attributable to the Company.
⑦ The Company shall not be obligated to intervene in any disputes that arise between Users or between Users and third parties through the Service, and shall not be liable for any damages resulting therefrom.
⑧ In the case of free services or free content among the Services provided by the Company, the Company is not subject to providing compensation for damages. However, damages caused by the Company's intentional or gross negligence are excluded.
Article 21 (Governing Law and Jurisdiction)
① A lawsuit concerning a dispute between the Company and the User related to the use of the Service shall be the competent court in accordance with the procedures set forth in relevant laws and regulations, such as the Civil Procedure Act.
② The laws of the Republic of Korea shall apply to lawsuits filed between the Company and Users.
