Terms of Service




1.    Objective


The objective of this Terms of Service is to stipulate the rights, obligations, responsibilities, and other the necessary prerequisites regarding the use of the game service (the “Service”) provided by Cheritz Co., Ltd. (from now on “Company”) between the Company and the service users (“User”) of the Service.


2.    Definitions


In this Terms of Service, the following words have the meaning set out below. The words not defined below follows the definitions in the related laws and regulations.

“Company” refers to Cheritz Co.Ltd.

“User” means the client that has agreed to this Terms of Service, therefore granted the entitlement to use the Service provided by the Company.

“User Account” means a combination of letters and numbers selected by the User and approved by the Company to provide a seamless Service.

“Password” means a combination of letters, numbers, and symbols selected by the User to confirm the User Account belongs to the User.

“Service” refers to the game contents provided by the Company in the form of an Application to the User.

“Smart Device” refers to wired and wireless devices such as a mobile phone, smartphone, PDA, Tablet, or portable game device that can use the Service.

“Application” refers to all programs downloaded or installed on the Smart Device to use the Service provided by the Company.

“App Store Operator” means the open market operator that makes it possible to download the Application provided by the Company and to make In-App Purchases.

“Platform Operator” means the operator that collaborates with the Company to provide the Service and their related services.

“In-App Purchase” means the transactions made in the Application to purchase items, features, and Paid Contents.

“Paid Content” refers to contents the User may obtain through In-App Purchases to enjoy a specific effect or efficacy while using the Service.

“Free Content” refers to free contents the User may obtain free of charge through gifts of other Users or by using the Service.


3.    Validity and Modification of Terms of Service


3.1    By the characteristics of a user agreement, this Terms of Service is evinced on the Company website or in the Application used for the Service. It is valid immediately after the User installs or executes the Application.
3.2    The Company may modify this Terms of Service to the extent not inconsistent with the relevant laws or regulations.
3.3    The Company may modify this Terms of Service to comply with the change in related laws or improve the rights, obligations, and Service provided to the User. The Company shall be notified of the modified terms seven (7) days prior the date it is effective via the Company website, the official page, and the Application. (with details such as the effective date, changes, and reasons of changes). The User may be notified thirty (30) days before the effective date of the modified Terms of Service if the matter may have a serious effect on the rights or the obligations of the User.
3.4    The User has the rights to disagree with the modified Terms of Service. If the User disagrees with the Terms of Service, the User may discontinue using the Service and terminate the user agreement.
3.5    The Company shall assume that the user consents to the modification in the policy if the user does not explicitly express disagreement in the change of policy by the effective date even after the Company has notified the user in the same manner shown in section 3.4.


4.    Regulations Not Explicated in the Terms of Service


4.1    There may be separate policies not explicated in this Terms of Service. Those policies shall comply with the relevant law or regulations put forward by the government of the Republic of Korea.

5.    Establishment of the service use agreement


5.1    Service use agreement is established when the User agrees to this Terms of Service, downloads the Company's game, or uses the Service through the network.
5.2    If the User disagrees with this Terms of Service, the User may withdraw by logging out and deleting the Application.
5.3    The User may not claim the User’s rights while using the Service with stolen personal information, and the Company may cancel or discontinue the user agreement. Same applies in the cases where the User provides personal information to use the Service through a Platform Operator.
5.4    The Company may decline the request for use under the following circumstances:
(a)    When the purchase price of the Paid Contents is not paid, or the payment cannot be confirmed due to an improper transaction;
(b)    When the User that has been banned within the past three (3) months or permanently banned for violating the service operation policy requests for use;
(c)    In the case where the User in a nation outside of the Republic of Korea that the Company has not decided to provide the Service uses the Service, access to the Service may be limited due to agreements made between the Company and the overseas service operator, or the service may be limited in cases where access from certain nations have to be limited;
(d)    When the request for use is made with intent to violate laws such as 「Game Industry Promotion Act」, and 「Act On Promotion of Information And Communications Network Utilization And Information Protection.」 or other related laws; and
(e)    In other circumstances equivalent to the circumstances mentioned above.


6.    Protection and Use of Personal Information


6.1    The Company may display advertisements to maintain the Service, and the User agrees to be exposed to advertisements.
6.2    In compliance with the related laws, the Company shall protect the personal information of the User including the User Account. The protection and use of the personal information of the User follow the related laws and the Company’s privacy policy. The Company’s privacy policy does not apply to the Service and Applications that are not provided by the Company.
6.3    When identification is necessary, the Company may notice the User of the purpose/use of the identification and request the user for the copy of their ID card or equivalent. The Company may not use the provided personal information outside of the stated purpose and destroy the collected personal information immediately after accomplishing the purpose.
6.4    Except for the cases that a government agency requests the personal information of the User for purposes according to the related laws, the Company may not provide the personal information of the User to other parties without the permission of the User themselves.


7.    Management and Modification of Personal Information


7.1    The Company performs various User management tasks such as determining the availability of the Service to the User based on the User Account.
7.2    The User must manage their personal information in good faith and modify it whenever it needs to be changed to use the Service. The User is accountable for any loss from delays in modifying the information or loss from omitting information.
7.3    The Company shall not be held liable for the User’s loss from the User’s mistreatment of their own personal information or the User’s loss caused by the User granting the use of their personal information to a third-party. The Company shall not be held liable for any information willingly exposed by the User themselves.


8.    The Obligations of the Company


8.1    The Company shall comply with the related laws and fulfill the rights and obligations stated in this Terms of Service in good faith.
8.2    If the opinion or complaint by the User is recognized to be objectively legitimate, the Company shall take reasonable procedures to manage it promptly. If prompt management is not possible, the Company shall notify the User of the reason and the processing schedule.
8.3    Unless there is an unavoidable reason, the Company shall put the utmost effort into providing a stable and continuous Service.
8.4    The Company shall put the effort in providing convenience to the User in the procedures and contents of the signing of the user agreement, modification of the Terms, or discontinuation.


9.    The Obligations of the User


9.1    The User shall comply with this Terms of Service, miscellaneous policies by the Company and the matters notified by the Company. The User shall not engage in activities that interfere with the business of the Company or tarnish the reputation of the Company.
9.2    The User shall comply with the related laws such as the 「Juvenile Protection Act」. If the User violates the related laws such as the 「Juvenile Protection Act」, they may be punished according to the relevant laws and regulations.
9.3    The User is responsible for their User Account or devices and shall not allow a third-party to use it. The purchase or use of paid contents from the user’s liability or allowing a third-party to use the User’s device cannot be canceled nor refunded.
9.4    The User shall not use the Service provided by the Company outside of the original purpose of use. The Company may restrict the User from using the Service in the cases where user engages in following conducts. Also, The User themselves is responsible for any problems that arise from engaging in the following conducts:
(a)    Using someone else’s personal information or submitting false information when providing personal information to the Company for purposes such as User inquiry, restoration or refund request of the Paid Content, and winning an event;
(b)    Stealing or misusing another User’s User Account or Using others’ credit card, phone, and bank account without permission to purchase Paid Contents;
(c)    Modifying the Company’s program, hacking the Company’s server, or using the Company’s Service in an unintended way without the permission of the Company;
(d)    Engaging in trading or selling contents such as Paid Contents with others through services not provided by the Company;
(e)    Commercially or non-commercially using information obtained through the Company’s Service or using unknown bugs to use the Service;
(f)    Harming or deliberately interfering with the Service;
(g)    Generating profits for oneself or others through the Company’s service or Application;
(h)    Harming or tarnishing the reputation of others;
(i)    Violating the rights such as portrait rights, intellectual property rights of the Company or others;
(j)    Profiting by taking advantage of a third party, using the Service provided by the Company in a toxic manner, or using the Service to harass a third party;
(k)    Facilitating or participating in gambling;
(l)    Damaging, corrupting, altering, or falsifying the information and communication systems, data, program, Application, or interrupting the operation;
(m)    Altering the Application without authorization, adding additional programs to the Application, or tampering/modifying the data communication between the server and the Application;
(n)    Using the Service for reasons such as to profit, to sale, to advertise, engage in political activity, and engage in illegal political campaigns without the permission of the Company; and
(o)    Violating any other public order and morals or engage in illegal or unlawful conduct or violate any related laws or regulations.


10.    Provision the Service


10.1    The Service User agreement is established when the User agrees to this Terms of Service, downloads the Company’s game, or uses the Service through the network. Depending on the needs of the Company, certain Services may become available after a designated date.
10.2    The Company may provide game Services to the User, and may also provide additional services including the Services stated in this Terms of Service
10.3    Unless there are business or technical disruptions, the Company shall provide the Service 24/7/365. In the cases where it is operationally necessary, such as periodic system maintenance, expansion/replacement of servers, patching bugs, and modification of Service, the Company may temporarily cease providing the Service. In those cases, the Company shall notify the User in advance of the content and duration through the official social network or in the notification board of the Application. If the circumstance does not allow the Company to notify the User in advance, the Company shall notify the users after the fact.


11.    Use of Service


11.1    The User shall use the Service in compliance with this Terms of Service, service policy, and terms of use.
11.2    The Company holds the all-encompassing rights to the Service including the operation or interruption of the Service.
11.3    The Company shall provide the Service through the network or a dedicated Application for the Smart Device. The User may download and install the Application or use the network to use the service free or for a fee.
11.4    The User shall pay the fee indicated in the Service to use the Paid Contents. Additional fees may apply while using the network to download the Application or to access the Service depending on the User’s mobile carrier.
11.5    The installed Application and the Service provided through the network is tailored to the characteristics of the Smart Device or the mobile carrier. The Company is not responsible for the unavailability of parts or the entirety of the contents due to replacing the Smart Device, changing the phone number, or roaming the phone.


12.    Change and interruption of the Service


12.1    The Company may modify the Service depending on its operational or technical needs. The details of the modification and the effective date shall be notified to the Users on the website or the Application in advanced. In cases such as an occurrence of a critical bug that cannot be addressed by the Company, malfunction of the server device, and emergency security issues where the circumstance does not allow the Company to notify the User in advances, the Company shall notify the User after the fact.
12.2    The Company reserves the rights to interrupt the entirety of the Service after evincing the interruption of the Service on the website or the Application according to the plan or operational needs of the Service or when the Company is in an emergency. The User shall not demand the resumption of the Service or demand compensation for the loss from the interruption of the service other than the loss from not being able to use the purchased Paid Contents.
12.3    The Company reserves the right to interrupt the Service entirely or partially under the following circumstances:
(a)    The occurrence of events that cannot be controlled such as war, natural disasters, or National emergencies;
(b)    The occurrence of events that hinders the normal use of the Service such as a blackout, failure of infrastructures, or congestion of usage;
(c)    The occurrence of inevitable events such as the maintenance of the Service equipment; and
(d)    Miscellaneous circumstances that do not permit the Company to provide the Service.
12.4    The Company is free of liability for any problems arisen by the change or interruption of the Service unless the change or interruption of the Service is due to the negligence of the Company.


13.    Service Use Restriction


13.1    The Company shall restrict the User from using the Service without notification when the User violates the matter stipulated in article 9 of this Terms of Service.


14.    Provision of Information And insertion of Advertisements


14.1    The Company may request the User for additional personal information for reference or for improving the Service. The User reserves the rights to refuse providing additional information. The collected User information shall not be used outside of the purposes stated in the privacy policy.
14.2    The Company may insert advertisements in the Service to maintain the Service. The User agrees to be exposed to advertisements while using the Service.
14.3    The Company shall not be held liable for the loss and damages caused to the User by engaging the advertisements subjected to a third-party service provided by the Company stipulated in section 14.1.
14.4    The Company may incorporate the push notification of the device to send the advertisements stipulated in section 14.1. The User may disable the push notification function in the Application to not receive those advertisements.


15.    Belonging of Copyrighted Material and Restriction of Its Use


15.1    The copyright and other intellectual property rights of the Publications published by the Company belong to the Company.
15.2    The User shall not profit from the information acquired from using the Service nor surrender the information to a third party.


16.    Purchase, Usage, and Period of Use of Paid Contents


16.1    The User may purchase Paid Contents according to the billing operation policies of the App Store Operator of the Smart Device. The purchase price of paid contents may differ according to the method and policy determined by App Store Operator, or the mobile communication company, or the platform operator connected with the App Store Operator, and the payment method follows the policy of the corresponding company.
16.2    The Paid Contents in the Service purchased by the User shall be used exclusively on the Smart Device that the game Service was downloaded or installed.
16.3    The period of use of the Paid Contents is one (1) year from the date of purchase, and the User shall lose the rights to use the purchased Paid Content after the period of use expires. The Paid Contents with a separately stated period of use follows the stated period of use. The User shall use the Paid Contents exclusively on their own User Account expect for situations separately stated by the Company. The Paid Content shall not be given, lend, sold, or exchanged with a third party.


17.    In-App Purchases


17.1    The Company’s Application includes an In-App Purchase function for purchasing Paid Contents.
17.2    The User is responsible for preventing a third party from making an In-App Purchase with the User’s User Account by setting up a Password on their Smart Device and using the Password functions provided by the App Store Operators. The Company shall integrate an In-App-Purchase module and library in the Application that complies with the Recommendation of the Korea Communications Commission, and 「Open Market Mobile Content Payment Guidelines.」
17.3    The Company shall not be held responsible for unwanted In-App Purchases made by a third party on the User’s User Account due to the User not using the In-App Purchase prevention feature or carelessly exposing their Password to others.
17.4    If the User is signed up to their mobile carrier’s youth plan, it shall be assumed that any In-App Purchases conducted on the User’s device is under the consent of the legal guardian of the User.
17.5    The User must make the payments for the In-App Purchases promptly.
17.6    Transaction limits may be implemented or adjusted for each payment method according to the policy of the Company or the billing operator (such as the mobile carrier, and App Store Operator).


18.    Cancelation and Refund of the Payment


18.1    The User may cancel the payment of the Paid Contents without additional fees within seven (7) days of the purchase date or from the day the Paid Content is available for use. In compliance with the section 17.2 of the 「Act on the Consumer Protection in Electronic Commerce, etc.」, there may be restrictions on canceling the payment for Paid Content that is already used or assumed to be used.
18.2    In cases where the User is not able to use the Paid Contents they purchased in the Service for reasons mentioned in section 12.3 or section 14.1 of this Terms of Service, or other liabilities of the Company, the Company shall compensate the User with Paid Contents of equal value or grant full refund regardless of the purchase date.
18.3    The refund of the Paid Contents shall follow the refund policy of the User’s App Store Operator. The details of the refund procedure may differ depending on the refund policy of the App Store Operator. After the refund is completed, the refunded amount shall be deducted from the User’s Paid Contents. In the Cases where the User has received a different Paid Content from what they have purchased, the refund shall be made by the Company in the manner outlined in section 18.2. If the User uses a part of that Paid Content, the Company shall compensate the User with same or similar Paid Contents only.
18.4    The Company shall assume the User is expressing their intention to use when the purchased Paid Contents is used to obtain Free Contents. The Company shall also assume the User is expressing their intention to use when the entirety or portion of the Paid Content is used. In the case where the User accepts the terms in the screens related to transmission and reception of Paid Contents such as message box and gift box, it shall be assumed that the User expresses their intention to use. This includes cases where the purchase was made through a different person outside of the intention of the user.
18.5    The Paid Contents obtained through means other than In-App Purchases that are recorded in the transaction history such as using the Service, receiving it as a gift from another User, or events held by the Company shall not be subject to refund.
18.6    Cancelation of payment for the Paid Contents shall be restricted in the following situations. The Company shall warn the User before the purchase of Paid Contents that are subject to these conditions:
(a)    Paid Content that is effective or applied to the Service immediately after the Purchase;
(b)    Items obtained through the natural use of the Application;
(c)    Using the bonus that came with the purchases of a Paid Content;
(d)    Using parts of the Paid Contents that is purchased in a bundle;
(e)    Opening the loot box type Paid Contents that reveals the obtained item only after its opened; and
(f)    Paid Contents that are partially used or Paid Contents that lost value due to the passing of time.
18.7    The User may request cancelation of payment or refund through the Company’s customer service. The customer service shall request the User to agree to a separate agreement on the handling of personal information before the Company reviews the purchase history through the platform operator or the App Store Operator. During this procedure, the Company may contact the User through the contact information provided by the User to confirm the reason of cancelation and request additional information if it is necessary.
18.8    The payment in the Application is made through the method of payments provided by the open market operator. Therefore, the refund request for overcharge should be made to the open market operator in principal. When the policy and the system permit, the Company may request the open market operator to perform the refund process.
18.9    Purchase of the Paid Contents made in the Application by an underage User without the permission of their legal guardian shall be canceled by the underage user or their legal guardian. The cancelation of payment shall be restricted If the underage User’s purchase of the Paid Contents is made within the allowance their legal guardian has permitted the User to spend or the purchase is made by an underage User providing false information indicating they are of legal age. Whether the buyer of the Paid Contents is underage or not shall be determined by the name on the credit card or the Smart Device that is used for the transaction. The Company may request documents identifying the underage User and the legal guardian if necessary.
18.10    The Paid Contents purchased through the gift feature is non-refundable in principle unless there is a flaw in the Paid Contents. The refund of the flawed Paid Contents shall be made to the sender of the gift only.


19.    Effect of the Payment Cancelation


19.1    The Company shall promptly collect or delete the Paid Contents of the User when the User cancels the payment in accordance with section 18.1 of this Terms of Service. The refund shall be made within three (3) business days from the collection or deletion of the Paid Contents.
19.2    If the refund mentioned in section 19.1 is delayed, the Company shall pay the interest on delayed payment according to the 「Act on the Consumer Protection in Electronic Commerce, etc.」 and the enforcement decree of the same law.
19.3    The Company shall request the operator of the payment method (such as credit cards or other payment methods designated in 「Act on the Consumer Protection in Electronic Commerce, etc.」) used by the User to stop or cancel the payment process without delay. If the payment is already made to the Company by the operator, the Company shall refund the payment to the operator and notify the User.
19.4    If the User has already used some of the goods or consumed some of the goods, the Company may charge the User the amount equivalent to the profit obtained by the User from partial consumption or some consumption of the goods or equivalent to the supply cost of the goods.
19.5    When the User has canceled the payment in accordance with section 18.1 of this Terms of Service, the User shall pay the fees necessary to the refund. The Company shall not charge a penalty or demand compensation for loss to the User.


20.    Overcharge Refund


20.1    The Company shall refund the overcharge to the User when an overcharge occurs by intention or the fault of the Company. If an overcharge occurs by intention or fault of the User, the User shall pay for the cost of refund to a reasonable extent.
20.2    The User shall make the payment in the Application through the method of payments provided by the open market operator. In principle, the User should make the refund request for overcharge to the open market operator. When the policy and the system of the open market operator permit, the Company may request the open market operator to perform the refund process.
20.3    The charges generated from downloading the Application or using the network service (such as data cost) may be excluded in the refund.


21.    Withdrawal from the Service User Agreement and Restriction of Service Use


21.1    The User may withdraw from the service user agreement by deleting the User Account if the User does not desire to continue using the Service. The User Account shall be deleted immediately, and the User Account information cannot be restored.
21.2    The User shall be restricted from using the Service or shall be withdrawn from the service user agreement under the following circumstances:
(a)    Providing false information while registering to use the Service;
(b)    Intentionally interrupting the operation of the Service;
(c)    Stealing the User Account and Password of others;
(d)    Transmitting massive amount of information or advertisements with the intention of interrupting the stable operation of the Service;
(e)    Spreading malware that causes damage to the Company and the User; and
(f)    Other conducts that violate the Service policy.
21.3    In the case where the User is withdrawn from the service user agreement due to circumstances stated in section 21.2, the User shall not use the downloaded contents. The Paid Content payment, and the data cost shall not be refunded


22.    Compensation for damage


22.1    The Company shall not be liable for any damages incurred by the User while using the Free Contents in the Service. However, The Company shall compensate the User for the damage caused by the Company’s fault.
22.2    In the case where the Company makes an agreement with an individual service provider and provides individual services to the user, the individual service provider shall be liable for the damages the User may suffer caused by the individual service provider's fault after the User agrees to the individual service user agreement.
22.3    In the case where the User causes damage to the Company in the process of using the Service or by breaching this Terms of Service, the User shall compensate the Company for the damage.
22.4    In the case where a third party demands for compensation or files a lawsuit against the Company for the damage caused by the User breaching this Terms of Service or the damage caused by the User engaging in illegal conduct while using the Service, the User is obligated to indemnify the Company on their own expense. The User shall compensate the damage suffered by the Company because of the failure of the User to indemnify the Company.


23.    Disclaimer


23.1    The Company shall not be held responsible for not providing the Service for uncontrollable reasons such as war, natural disasters, national emergency, technical defects that are difficult to resolve.
23.2    The Company shall not be held responsible for the damage the User suffers from inevitable causes such as maintenance, replacement, and construction of the Service equipment.
23.3    The Company shall not be held responsible for the occurrence of issues caused by the environment of Smart Device or issues due to the network environment issue that is not the fault of the Company.
23.4    The Company shall not be held responsible for the interruption of the Service or withdrawal from the service user agreement due to the fault of the User.
23.5    The Company shall not be held responsible for the credibility or accuracy of the information, resource, or facts published by the User regarding the Service.
23.6    The Company shall not be held responsible for the disadvantages and loss of information caused by the User modifying their personal information (including the User Account).
23.7    The Company has no obligation to mediate in the dispute between the Users or the dispute between the User and a third party regarding the Service. The Company shall not be held responsible for any damages resulting from the disputes.
23.8    The Company shall not be held accountable for incidents related to the services provided free of charge unless there are specific policies in the related laws.
23.9    The Company shall not be held responsible for the User not gaining the benefits they have expected from using the Service.
23.10    The Company shall not be held responsible for the damage the User suffers from not providing the correct personal information and E-mail address.
23.11    The Company shall not be liable for any damages incurred by the User while using the Free Contents in the Service. However, The Company shall compensate the Use for the damage caused by the fault of the Company.
23.12    The Company shall not be held responsible for the User’s loss of in-game experience points, level, item, in-game currencies unless the fault of the Company causes it.


24.    Governing Law and Jurisdiction


24.1    If the matters not specified in this Terms of Service are stipulated in the related laws, they shall be subject to the provisions.
24.2    In cases where a lawsuit is filed due to a dispute arising from the use of the Service, the court under the procedures set forth by the laws and regulations of the Republic of Korea shall be the competent court.
24.3    The disputes between the Company and the User arising from the Service use shall be resolved satisfactorily by the agreement of both parties.


[Addendum]


This Terms of Service is effective from September 20th of 2018.