Punkland Terms of Service

Chapter 1. General Provisions

Article 1 (Purpose)

These Terms and Conditions are provided by Supercat Inc. (the “Company”) and its affiliates and subsidiaries to delineate the rights and duties of users of the Company, its Punkland platform provided to mobile devices (“Punkland”), and accompanying networks, websites, and other services (“Services”).

Article 2 (Definition of Terms)

  • Definitions of Terms used in this Agreement are as follows.
    1. “Company” means a business that provides Services through mobile devices.
    2. “Member” means a user who enters into the Service Contract as per these Terms and uses Services provided by the Company.
    3. “Provisional Member” means a user who provides only partial information and only partially uses certain Services provided by the Company.
    4. “Developer Member” means a person who creates content using Punkland Studio, a game development and support tool provided by the Company in accordance with the Punkland Developer Terms and Conditions (“Developer Terms”).
    5. “Mobile Devices” refer to devices, such as mobile phones, smartphones, PDAs, tablet PCs, where content can be downloaded or installed for use.
    6. “Account Information” collectively refers to information that members have offered to the Company, including a member ID number, external account information, device information, nickname, profile images, and friend list, gameplay information such as character information, items, level, etc., and payment information.
    7. “Content” means any paid or free content (game and network services, applications, game money, game items, etc.) that the Company created digitally in connection with the provision of Services for use on mobile devices.
    8. “Open Market” means an e-commerce environment established to install game content and handle payments on Mobile Devices.
    9. “Application” means any program that is downloaded or installed on Mobile Devices in order to use Services provided by the Company.
    10. “Punkland” means the website (https://punkland.io/about) and platform that Developer Members can use to provide their games to users under the Developer Terms.
    11. “Punkland Platform” refers to Punkland Studio and Punkland collectively.
    12. “Developer Game” means content developed by a Developer Member, in accordance with the Developer Terms, created using Punkland Studio, a game development and support tool provided by the Company, being used as a game and its accompanying Services on a Member’s Mobile Device.
    13. “CUBE” means the virtual money used as currency in Punkland.
  • Definitions of the terms used in these Terms and Conditions shall be governed by relevant laws and service-specific policies, except those specified in Item 1 of this Article.

Article 3 (Provision of Company Information)

The Company shall display the following items in the game service so that it is easy for Members to understand.

  • Name of the company and representative
  • Address of the place of business (including address where the Member’s complaint can be handled)
  • Telephone number, e-mail address
  • Business registration number
  • Telecommunication business notification number
  • Privacy policy
  • Service Terms and Conditions

Article 4 (Validity of Agreement & Amendment)

  • The Company will post the contents of this Agreement in the game service or on its connection screen to inform Members. In this case, important content in the Terms of Service, such as information pertaining to discontinuance of service, withdrawal of subscriptions, refunds, withdrawal from or termination of contracts, Company liability disclaimers, etc., will be clearly presented and distinguished or provided on a separate connection screen to clearly notify Members.
  • If the Company revises the Terms and Conditions, the Company shall notify the members of the date the changes are effective, amendments and reasons for revision by posting at least 7 days prior to the effective date within the game service or its connection screen. However, if the changed contents are disadvantageous to Members or if the changes are significant, the member shall be informed in the same manner as described in the main text until 30 days before the application date and then notified by the method described in Article 27 (1). In this case, the content before revision and the content after revision will be clearly compared and differences displayed to clearly notify Members.
  • If the company revises the terms, the company will notify Members of the changes and then confirm whether Members agree to apply the revised terms. If the Company makes an announcement or notification as described in paragraph 2, and the Member does not state consent or refusal, the Member will be considered to have accepted the revised terms. If a Member disagrees with the revised terms, the Company or Member may terminate the service contract.
  • The Company shall take measures to enable the Member to inquire and respond to the contents of this Agreement with the Company.
  • The Company shall comply with the provisions of the Act on the Consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms and Conditions, Law on the Promotion of the Game Industry, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Content Industry Promotion Act, and other relevant laws and regulations.

Article 5 (Conclusion and Application of the Service Contract)

  • Any person who wishes to become a Member (the “Applicant”) shall agree to the service contract before accessing or using the service (including accessing the Supercat website or accessing the game). After agreeing to the contents of the policy and registering an account for service (“Account”), the member agrees to the service contract terms by installing, using, or accessing the service.
  • If a Member disagrees with these Terms of Service, the Member must withdraw immediately after accessing, installing, or using the service.
  • If a Member is banned under applicable laws and regulations, the Terms of Service agreement is invalid.
  • The Company does not provide service to those under the age of 14. By concluding this service contract, you acknowledge that you are 14 years of age or older, that you understand the agreement, and that you agree to its terms.
  • If a Member is a minor when registering an account or using a service, a Member must indicate that the legal representative of the Member has reviewed and agreed to these Terms of Service.

Article 6 (Compliance with Other Applicable Rules)

  • As the Company separately provides Terms of Monetization and Developer Terms and Conditions (“Individual Terms”), in areas in which this agreement conflicts with Individual Terms this agreement shall be considered to supersede them.
  • The interpretation of these Terms of Service and matters not specified within shall be in accordance with the Act on the Consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms and Conditions, Game Industry Promotion Act, Personal Information Protection Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Content Industry Promotion Act, and other relevant laws and regulations.

Article 7 (Operational Policy)

  • Any matters required for application of the Terms of Service and delegated as per the specific range set in the Terms of Service may be designated as the operational policy of the service (“Operational Policy”).
  • The Company publishes the contents of the Operational Policy within the game service or on the connection screen in order to notify Members.
  • When revising the Operational Policy, the procedure described in Article 4 (2) is followed. However, if the revision of the operating policy falls under any of the following subparagraphs, notification shall be given in accordance with (2) above.
    1. When revising matters specifically delegated within the scope of the Terms of Service.
    2. If matters irrelevant to Members’ rights and obligations are to be amended
  • If the contents of the operational policy are not fundamentally different from the contents set out in the conditions and the operational policy is revised within a range predictable by the Member.

Chapter 2. Personal Data Management

Article 8 (Protection and Use of Personal Data)

  • The Company shall endeavor to protect the personal data of the Member as stipulated by relevant laws and regulations. The protection and use of personal data shall be subject to the relevant laws and regulations and the Company’s privacy policy. However, the Company’s privacy policy does not apply to linked Services outside of those provided by the company.
  • Depending on the nature of the service, the Company may disclose information not related to a Member’s personal data, such as self-introductions, nicknames, character photos, and status information.
  • The Company shall not provide a Member’s personal data to any other parties without the concerned Member’s consent, except for the case that the concerned national authorities, etc. have requested the data as per relevant laws.
  • The Company shall not be liable for any damage caused by leaks of personal data due to reasons attributable to a Member.

Chapter 3. Obligations of the Parties Concerned with the Service Contract

Article 9 (Company Obligations)

  • The Company shall faithfully abide by relevant laws and regulations and shall abide by the rights and obligations set forth in these Terms of Service in good faith.
  • The Company shall have a security system for the protection of personal data (including credit information) so that members can use the service safely and will disclose and adhere to its privacy policy. The Company shall not disclose or provide any personal data of any member to any third party except as set forth in the privacy policy.
  • The Company shall not be liable for any equipment failures or losses of data caused by natural disasters, emergencies, obstacles, or defects which cannot be resolved by present technology, etc., that emerge when upgrading or maintaining Services. The Company will do its best to fix or repair these issues without delay if they arise.

Article 10 (Membership Obligations)

  • Members shall not engage in any of the following activities related to the use of the Services provided by the Company.
    1. Making false statements when registering or changing membership information
    2. Buying or donating cyber assets (ID, characters, items, game money, etc.) through Services or abnormal methods not provided by the company, or acquiring and using such cyber assets
    3. Posting messages or sending out emails while impersonating an employee or operator of the Company, or stealing the name of another person, pretending to be someone else, or falsifying a relationship with another person
    4. Purchasing paid content by stealing other people’s credit cards, wired/wireless telephone, bank account, etc., or improperly using another Member’s ID and password
    5. The unauthorized collection, storage, publication or dissemination of other Members’ personal data
    6. The act of gambling or inducing others to gamble, the exchange of obscene or vulgar information, the linking of obscene sites, sharing humiliating, hateful, or terrifying words, sounds, pictures, or videos, or abusing Services to transmit the above
    7. The unauthorized use of Services for commercial purposes, sales, advertising, public relations, political activities, election campaigns, etc.
    8. The unauthorized reproduction, distribution, promotion, or commercial use of information obtained through the use of the Company’s Services, or exploitation of known or unknown bugs
    9. Taking advantage of others by fraud, or causing others harm in connection with the use of the Services of the Company
    10. Acts that infringe upon the intellectual property rights or likeness rights of the Company or of others, or acts that may cause damage to or loss of reputation to others
    11. The transmission or posting of illegal information (computer programs) or the intentional transmission, posting, or distribution of viruses, computer code, or files and programs designed to interfere with the normal operation of or destroy computer software, hardware, or telecommunications equipment
    12. Modifying the application without special permission from the Company, or inserting or adding another program into the application, hacking or reverse-engineering the server, leaking or modifying the source code or application data, or building a separate server, or impersonating the Company by arbitrarily changing or stealing a part of the website
    13. Use of the Company’s Services for against the spirit or intent of those Services, or improper use of the Company’s support services
    14. The use of cheats, exploits, automation software, bots, hacking programs, user-created games or other unauthorized third-party software designed to alter or interfere with the Company’s game or game experience, or making partial changes the Services or Company’s games without written consent
    15. Overloading, interfering with, or supporting the overload or interference of a computer or server (“Server”) used to provide or support service or the Company’s gaming environment
    16. Initiating, supporting, or engaging in an offensive act (including, but not limited to, the distribution of viruses, denial of service attacks, or any other activity that interferes with the use of Services or the services of third parties)
    17. Attempting unauthorized access through a service other than the user interface provided by the Company for a service, an account, server, or network connected to the service, registered on another computer or a computer belonging to someone else (altering or circumventing, or attempting to alter or circumvent, security, technology, or any device or software that is part of service, or the support of any such alteration or circumvention)
    18. Posting any information that is abusive, threatening, lewd, defamatory or libelous to others, or is unfair or offensive for racial, gender, religious or other reasons
    19. Posting information containing nudity, excessive violence, or offensive topics, or posting links to such content
    20. Harassing or harming others, including employees of the Company and the Company’s customer service representatives, or attempting or encouraging such harm or harassment
    21. Using the service to violate any copyrights, trademarks, patents, trade secrets, or privacy rights, or using material or information that impersonates others (including but not limited to employees of the Company).
    22. Obtaining or attempting to obtain other service or Company-made game user’s personal data, or attempting to use the service to collect or publish others’ private information (in the form of writing, images, or video), identification documents, personal data, or financial information.
    23. Use of the service by a Member that does not comply with the Terms of Service or use of the service that is illegal or improper, or use that the Company has reason to suspect fails to comply with the Terms of Service or is illegal or improper (“Violation of User Obligations”)
    24. Any other violations of laws and regulations or good conduct
  • Members are responsible for their account and the management of their mobile devices, and they should not let others use them. The Company shall not be liable for any damage caused by a Member consenting to allow the management of their mobile devices by others.
  • The Company reserves the right to determine whether any conduct is in violation of the usage rules or is contrary to the intent or spirit of these Terms of Service.
  • The Company has the right to take action as a result of a decision made as per Section 3 above, including terminating a Member’s account and prohibiting the member’s use of the service, in whole or in part.

Chapter 4. Service Use and Use Restrictions

Article 11 (Provision of Service)

  • The Company shall make the service available to Members who have completed the service contract in accordance with Article 5. However, for some Services, the service can be started from a date designated according to the needs of the Company, and in such a case the Company will provide notice at the time of the service contract’s execution.
  • The Company may provide Members with additional Services, as set forth in these Terms and Conditions, when providing game services.
  • The company can classify Members’ levels and differentiate their use by usage time, number of uses, and the range of Services provided.

Article 12 (Service Usage)

  • Game services are provided for a fixed period of time in accordance with the Company’s business policy. The Company will provide notification of the game service time on the game application’s initial screen or will make game service announcements in an appropriate manner.
  • Notwithstanding the provisions of Paragraph 1, the Company may suspend all or part of the Services in the cases that follow below. In these cases, the Company will notify the Member of the cause and duration of the suspension beforehand on the initial screen of the game application or in a notice in the game service. However, in circumstances in which the notification cannot be given in advance, notification can be given afterward.
    1. When it is necessary for system operation, such as in periodic system checks, server replacement and/or expansion, or when there is an unstable network
    2. When normal service cannot be provided due to power outage, service facility failure, service usage congestion, or the repair or maintenance of a telecommunication service provider
    3. In case of events which are beyond the Company’s control, such as wars, conflicts, natural disasters, or similar national emergencies
  • The Company provides Services using dedicated applications or networks for mobile devices. Members may download and install applications or use the network for free or for a fee.
  • Paid content can be used by paying the specified rate for the service. If you download applications or use the Services over the network, you may incur additional charges set by your mobile carrier.
  • Downloaded and installed applications or Services that are used over the network are provided to suit the characteristics of mobile devices or carriers. The Company is not responsible in cases in which all or part of the content is unusable because of change of mobile device, change of number, or overseas roaming.
  • For applications that are downloaded and installed or used over a network, operations may occur in the background. In this case, there may be additional charges according to the mobile device or carrier, and the Company is not responsible for these charges.

Article 13 (Termination of Service and Amendment)

  • In order to provide smooth game service, the Company may change the service according to operational or technical needs and will provide notices of changes in advance within the game service. However, if there are necessary changes such as error or bug fixes, or emergency updates, or if updates do not contain any significant changes, notifications of changes may be given later.
  • The Company may suspend all Services due to difficulties arising from managerial reasons such as abolishment of business due to transfer, division, or merger, or termination of game provision contract, or the deterioration of game service profitability. In this case, we will notify the member using the method described in Article 27 (1) by notifying the date and reason for suspension, conditions for compensation, etc., through the game’s initial or connection screen 30 days before the date of Service suspension.
  • In the case of Paragraph 2, the Company shall refund paid items that have not been used or that have a remaining period of use in accordance with the method described in Article 24.

Article 14 (Personal Information Collection, Etc.)

  • The company can store and keep chat content shared between members and this information is only kept by the Company. The Company may only view this information for the purposes of dispute settlement among members, the processing of complaints, or to maintain order in a game.
  • When the Company or a third party reads chat information pursuant to Paragraph 1 above, the Company will notify the member in advance of the reason and scope of the reading. However, if the reading is related to the investigation, handling, or confirmation of acts as described under Article 10, Paragraph 1, or damage relief caused by such acts, Members may be notified afterward.
  • The Company may request additional information from members for the purpose of improving Services and introducing Services to members. Members may accept or reject this request, and if the Company makes this request, the Member will be able to deny the request.

Article 15 (Provision of Advertisement)

  • A portion of the financial resources necessary for the Company to provide Services to members comes from publishing advertisements. By using the service, Members agree to the publishing of advertisements on the service. The Company shall not be liable for any losses or damages that occur as a result of communications or transactions related to advertisements published on or connected to the service.
  • The Company may place advertisements within the game in connection with the operation of Services. The Company may send advertisements in the form of push messages to members who agree to see advertising messages upon acceptance of the service contract. In these cases, Members can refuse to receive such messages at any time through adjusting their settings, and the Company will not send advertisement information to Members who have already refused.
  • Advertising or Services provided by others may be linked through banners or links within the service provided by the Company.
  • In the event that an advertisement or service provided by a third party is linked to a third party, the service provided by the third party is not a service area of the Company, and as such the company is not responsible for third-party Services and does not guarantee their reliability or stability. However, this shall not be the case if the Company intentionally facilitates the occurrence of damages or through gross negligence fails to take measures to prevent such damage.

Article 16 (Ownership of Copyright, etc.)

  • Copyright and other intellectual property rights of the content of the Services created by the Company belong to the Company. However, the copyright and other intellectual property rights of the content in the service developed by a Developer Member belong to the Developer Member in accordance with the Member’s rights and obligations subject to the developer agreement and terms of use.
  • Members shall not use the Company’s intellectual property obtained by using the game service provided by the Company for any commercial purposes or to provide for use to any third party by copying or transferring (including editing, publishing, making public, distributing, broadcasting, making derivative versions, etc.) it without the prior consent of the Company or provider.
  • Members give permission to the Company to use communications, including chats, images, sounds, and any other data and information (“User Content”) shown within the game or related to Services, which are uploaded or transmitted by themselves or other Members through game applications or Services, according to the following methods and conditions.
    1. The Company may use, edit, modify the form of and make other changes to User Content (publishing, copying, performing, distributing, broadcasting, making derivative versions, etc., with no limits on time periods or locations).
    2. The Company will not sell, rent, or transfer user content for the purpose of trading without prior consent of the user who created the user content.
  • The Company shall not use Member’s content (e.g., posts on general bulletin boards, etc.) that are not displayed in the game and are not integrated with the service without the express consent of the Member, and the Member may remove such user content at any time.
  • The Company may delete, move, or refuse to register any post within the service posted or registered by the Member without prior notice if it is judged to be a prohibited act under Paragraph 1 of Article 10. In this case, the Company will provide notification after it deletes, moves, or refuses to register a post.
  • Any member whose legal interest is infringed upon due to information posted on a bulletin board operated by the Company may request the Company to delete the information or to post the contents of their refusal to do so. In this case, the Company shall promptly take necessary measures and notify the applicant.
  • This clause is valid both for the duration of the service and continuously after a Member withdraws.

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

  • Paid content purchased by Members within Services is only available for mobile devices that have downloaded or installed the application.
  • The period of use of the paid content purchased by the Member will depend on the period specified at the time of purchase. However, if the service is terminated pursuant to Article 13 (2), the period of use of the paid content without any fixed period of time shall be until the date of discontinuation of the service announced in case of discontinuation of service.

Article 18 (Limitation on Use of Membership)

  • Members shall not engage in activities that violate the obligations of Members pursuant to Article 10, and in the event of such conduct, the Company may restrict the use of the service by Members, delete relevant information (writing, pictures, videos, etc), or take other necessary actions. This does not limit the Company’s other rights or remedies. As a result of account termination or restriction, members may lose the user’s name and character, as well as the benefits, privileges, items acquired and items purchased related to the Member’s use of the service, and the Company is not responsible for compensating the Member for such losses or for the results of such losses in cases in which the Company was not intentionally or grossly negligent.
    1. Partial limitation of permissions: Limit permissions, such as chatting permissions, for a period of time
    2. Restrictions on the use of characters: Restrict a Member’s use of characters either permanently or for a certain period
    3. Limitations on account use: Limit the use of Member accounts for a certain period or permanently
    4. Membership Restrictions: Limit the use of member’s game service for a certain period or permanently
  • In the event that the use restrictions set forth in Paragraph 1 are justified, the Company shall not compensate for damages incurred by the Member due to use restrictions.
  • The Company may suspend the use of the service of the account pending the completion of an investigation into any of the following.
    1. The Company received a legitimate report that the account was hacked or stolen
    2. In case of suspicion of a user or group of users using an illegal program
    3. In case there are other relevant issues that require suspending service
  • After an investigation is completed as per paragraph 3, if there were paid game services the Company will extend the usage time of the service by the amount of time it was suspended, or compensate the Member by pay service or cash equivalent. However, this shall not apply if the member falls under any of the subparagraphs under item (3) above.
  • The Company reserves the right to own, license and otherwise use all content on the Company’s games or Services. However, in the case of a game or service developed by a Developer Member, the individual rights and obligations to license and otherwise use the property are subject to the Developer Terms. The Member agrees that they do not have any rights or ownership for any content on the service (including but not limited to, any virtual goods or currency, whether earned in-game or purchased from the Company, and any other collateral goods stored in or associated with the account) arising out of or in connection with the Company’s Game.

Article 19 (Reasons and Procedure for Restricted Use)

  • The Company may set the specific reasons and procedures of the Restricted Use Policy pursuant to Article 18, Paragraph to the operational policy in consideration of the content, degree, frequency, and results of the prohibited acts pursuant to Paragraph of Article 10.
  • In the event that the Company implements the Restrictions of Use set forth in Article 18 (1), the following matters shall be notified to the Members in advance. However, if it is necessary to take urgent action, notification may be given at a later time.
    1. Reason for use restriction
    2. Type and duration of use restriction
    3. How to appeal the use restriction

Article 20 (Objection Procedure for Restriction of Use)

  • If a member disagrees with the Company’s Restriction of Use, an appeal must be submitted to the Company in writing, by email, or by similar method within 1days from the date of notification of the action.
    - Address to send objections: we@supercat.co.kr
  • The Company shall reply within 15 days from the date of receipt of the complaint under Paragraph 1 in writing, by e-mail, or by similar method. However, if the Company fails to respond within this period, the Company shall provide notification of the reason and the processing schedule.
  • The Company will take action if the reason for the objection is reasonable.

Chapter 5. Withdrawal of Subscription, Refund of Overpayment and Termination of Service Contract

Article 21 (Purchase)

  • For use in Company games on Company Services under the provisions of paragraphs 2 to 4 of this article, Members may purchase a) “CUBE” (including, but not limited to, virtual money, virtual cash); b) “virtual game items” (collectively, “virtual items”) and (c) other products or services (“Products”). You may only purchase virtual items through the Services of the Company or partners who have obtained approval from the Company and may not make purchases through any other method.
  • A Member shall not sell, exchange or otherwise transfer virtual items or merchandise to any other person or entity (including, but not limited to, a company, another user, or other third party), except as expressly permitted in the Services.

Article 22 (Payment)

  • In principle, the fees for payments and content purchases shall be in accordance with the policy or method prescribed by the mobile communication company or Open Market operator. In addition, limits on payment instruments may be granted or adjusted in accordance with the policies of the company or Open Market operator, or the policy of the government.
  • If you pay for the purchase price of the content in foreign currency, the actual charge may be different from the price displayed in the service shop due to exchange rates and fees.

Article 23 (Withdrawal of Subscription, Etc.)

  • A Member who has entered into a contract with the Company for the purchase of paid content may withdraw from the contract within 7 days from the date of purchase contract date and the date of availability of the content without any additional fees or penalties. However, a Member cannot cancel his or her purchase if the Member has used or partially consumed virtual items or goods or cancel paid items received free of charge from the company or third parties as gifts or for events.
  • If the Member falls under any of the sub-paragraphs that follow, he or she cannot withdraw from a contract under Clause 1 against the will of the Company. However, in the case of purchasing contracts consisting of divisible content, it does not apply to the remainder of divisible content that does not fall under any of the following items.
    1. Paid content used or applied immediately upon purchase
    2. When an additional benefit is provided and has already been used
    3. For random/loot box-like items that can be viewed or have their utility determined after opening
    4. In the case of items obtained without payment during normal use of the game
    5. In the case of items acquired through in-game events
    6. For items sold in a bundled form
  • In the case of contents that cannot be withdrawn in accordance with the provisions of subparagraph (2) of Paragraph 2, the Company shall clearly express that fact in a clearly readable way, and provide the trial use of products, or otherwise provide, information about the content so that the Member’s right to withdraw from the offer is not hindered. If the Company does not take such action, the Member may withdraw the application regardless of the withdrawal reasons described under Paragraph 2.
  • Regardless of the conditions described in Paragraphs and 2, if the content purchased differs from how it was presented or advertised, or if it does not follow the usage contract, a Member may withdraw his or her subscription within months of the content becoming available, or within 30 days of becoming aware of the difference.
  • If the Member withdraws their subscription, the company verifies the purchase through the platform operator or Open Market operator. The Company may also contact the Member through the information provided by the Member in order to ascertain the reason for the Member’s withdrawal and may request further evidence.
  • If a subscription cancellation is made pursuant to Paragraphs 1 through 4, the Company will collect the paid content from the Member without delay and return the money within 3 business days. In this case, if the Company delays the refund, the Company shall pay the delayed interest calculated by multiplying the rate prescribed in Article 21-3 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, Etc. for the delay period.
  • If a minor concludes a content purchase contract on a mobile device without the consent of a legal representative, the Company shall notify the minor or the legal representative that the minor or the legal representative may terminate the contract, and the minor may do so without the consent of the legal representative. However, if a minor purchases content on using property for which the legal representative has granted permission to use, or if the minor impersonates a person of legal age, or if the minor has permission of the legal representative, then the contract may not be terminated.
  • Whether the party of the content purchase contract is a minor is judged based on the mobile device on which payment has been made, information on the payment agent, and the name used in the payment method. In addition, the Company may request the submission of documents to verify the minor and legal representative and confirm that the cancellation is proper.

Article 24 (Refund of Overpayment)

  • In the event of an overpayment, the Company will reimburse the Member. However, if overpayment is caused by the member’s negligence without the intention or negligence of the Company, the actual cost of the refund will be borne by the member to a reasonable extent.
  • Payment through the application will be subject to the payment method provided by the Open Market operator. If the overdraft occurs during the payment process, a refund should be requested from the Company or Open Market operator.
  • Network service charges (such as call charges, data charges, etc.) resulting from downloading applications or using network Services may be excluded from the refund.
  • The refund will be based on the refund policy of each Open Market operator or company depending on the operating system of the mobile device using the service.
  • The Company may contact the Member through the information provided by the Member in order to process the refund of overpayments and may request other necessary information. The Company will refund the Member within three business days of receiving the information required for the refund.

Article 25 (Payment of Fees)

The Member agrees to pay all costs and any applicable taxes incurred by any user of an account registered by or for a Member. The Company may adjust the price of goods provided in the service or the service itself at any time. The Member agrees that when the account is voluntarily or involuntarily closed, the Member will not receive cash or receive any other compensation for unused virtual items.

Article 26 (Termination of Contract, etc.)

  • Members can terminate their service contract by unsubscribing at any time if they do not want to use the service. All game usage information that the member has in the game service will be deleted due to membership withdrawal and cannot be recovered.
  • If the member performs prohibited acts as defined in the contract or operation policy, or if there is a serious reason that the contract cannot be maintained, the Company may suspend service at the appropriate time or cancel the usage contract.
  • Refunds and damages under Paragraphs 1 and 2 shall be dealt with in accordance with the Guidelines for the Protection of User Content (Ministry of Culture, Sports and Tourism notice 2021-16).
  • In order to protect the personal data of accounts in which Members have not used the Company’s Services for 365 consecutive days (“dormant account”), the Company shall terminate the service contract, delete the member’s personal data, and take other measures. In this case, the member will be notified 30 days before the date of the contract termination, deletion of personal data, and other measures.

Chapter 6. Damage Indemnity and Disclaimer

Article 27 (Compensation for Damages)

  • If a Member suffers damages intentionally caused by the Company or that occurred due to the Company’s gross negligence.
  • A Member shall be liable if the Company incurs damages due to a violation of these Terms by the Member. However, this is not the case for portions of the damages that can be attributed to the Company.
  • If the Company suffers claims for damages or a lawsuit from a third party due to illegal acts or violations of Terms on the part of a Member, that Member will be liable for fees and the company will be immune, and if the Company is not immune then the Member will be liable for damages. However, the Company is liable for portions of the damages that can be attributed to the Company.
  • If a Member incurs damages due to game service provided by a developer member, the developer member is liable for those damages. However, the Company is liable for portions of the damages that can be attributed to the Company.
  • In the event that the Company has entered into an agreement with an individual service provider to provide individual Services to the Member and the Member has consented to the individual Terms of Service, the individual service provider is responsible to the Member for intentional damages or damages due to negligence.

Article 28 (Force Majeure)

The Company shall not be liable for any delay in performance or default caused by events beyond its reasonable control. This includes, but is not limited to, natural disasters, war, terrorism, civil unrest, embezzlement, suspension by administrative and military authorities, fire, floods, accidents, strikes, or lack of material for logistics, fuel, energy, or labor.

Article 29 (Company Immunity)

  • The Company shall not be liable for the provision of service in cases where it cannot provide service due to force majeure incidents as described in Article 28.
  • The Company shall not be liable for damages caused by the repair, replacement, periodic inspection, construction, etc. of service equipment. However, this is not the case if such damage is caused intentionally or through negligence on the part of the Company.
  • The Company shall not be liable for any obstacle to the use of the service occurring due to the intention or negligence of members or Developer Members. However, this is not the case if Members or Developer Members actions were unavoidable or justifiable.
  • The Company shall not be liable for the reliability or accuracy of the information or materials posted by the Member in connection with the service, unless there are intentional or negligent errors.
  • The Company shall have no obligation to intervene in any transactions or disputes arising out of or through the Service with Developer Members, other Members, or others, and shall not be responsible for any damages arising from such transactions or disputes.
  • The Company shall not be liable for any damages incurred by members in connection with the use of the Services provided free of charge. However, this is not the case if the Company acts intentionally or is grossly negligent.
  • The Company shall not be liable for any profits or benefits that the Member expects to receive from the Service.
  • The Company is not responsible for loss of the Member’s game experience, ranking, items, game money, etc. However, this is not the case if such damage is caused intentionally or through negligence on the part of the Company.
  • The Company shall not be liable for any third party payment that occurs because the member does not manage the mobile device password or the password provided by the Open Market operator. However, this is not the case if such damage is caused intentionally or through negligence on the part of the Company.
  • The Company shall not be liable if the Member cannot use all or some of the functions due to change of mobile device, change of mobile device number, change of operating system (OS) version, overseas roaming, change of carrier, etc. However, this is not the case if such damage is caused intentionally or through negligence on the part of the Company.
  • The Company is not responsible if a Member deletes the contents or account information provided by the Company. However, this is not the case if the Company acts intentionally or is grossly negligent.
  • The Company shall not be liable for any damages incurred by its Members due to mistakes by its employees. However, this is not the case if the Company or its employees act intentionally or are grossly negligent.
  • The Company shall not be liable for any damages incurred by its Members due to intention or negligence on the part of Developer Members. Furthermore, the Company does not guarantee that games made by Developer Members do not violate any laws.

Article 30 (Notice to Members)

  • The Company may provide notifications to Members through their email address, electronic memo, a note within the game service, text message (LMS / SMS), etc.
  • If the Company notifies all Members, the Company may substitute the Notice in Paragraph by posting in the game service for more than seven days or by displaying a pop-up screen.

Article 31 (Jurisdiction and Governing Law)

These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea. If a lawsuit is filed between the Company and a Member, the court shall be in a jurisdiction in accordance with procedures as set forth in law.

Article 32 (Grievance and Dispute Resolution)

  • For Members’ convenience, the Company provides a complaints center (we@supercat.co.kr) to which Members can send opinions or complaints. The Company operates a dedicated staff to handle such members’ opinions and complaints.
  • The Company shall promptly process any comments or complaints that can be objectively judged as reasonable from Members within a reasonable period. However, if it takes a long time to process, the Company will notify Members of the reason for the delay and the processing schedule within the game or in accordance with Article 30, Paragraph 1.
  • If a dispute arises between the Company and a Member and is negotiated through a Dispute Mediation Agency, the Company will faithfully demonstrate the measures taken against the Member, including restrictions on use, and may follow the judgments of the Dispute Mediation Agency.

Addendum

[Enforcement Date] This Agreement will be effective from September 30, 2021.