Chapter 1. General Provisions
Article 1 (Purpose)
These Terms of Service (these "Terms") set out the rights, obligations and responsibilities of AIRCAP Co., Ltd. (the "Company") and users in connection with the use of the mobile game Agatha: Idle and the related services provided by the Company (together, the "Service" or "Game Service").
Article 2 (Definitions)
(1) The terms used in these Terms have the following meanings:
1. "User" means any Member or Non-member who uses the Game Service provided by the Company.
2. "Member" means a person who has entered into a service agreement under these Terms and registered as a member.
3. "Non-member" (or "guest") means a person who uses the Game Service without registering as a member and without Account Linking.
4. "Mobile Device" means a device on which Content can be downloaded or installed and used, such as a smartphone or tablet.
5. "Content" means all digital material produced by the Company in connection with the Game Service for use on Mobile Devices (including the game and application, in-game currency such as Crystals, Cyber Points and game items), together with User Content.
6. "User Content" means all digital material and related data or information (such as chat text, images, sounds and videos) that a User creates or uses through the Game Service.
7. "Cyber Points" means virtual data within the Game Service that has no monetary value and that the Company may set, grant, adjust or withdraw at its discretion to support efficient use of the Game Service.
8. "Application" means all programs provided by the Company that a User downloads or installs on a Mobile Device to use the Game Service.
9. "Account Linking" means the process by which a User provides to the Company the account information created for a third-party platform so that the Company can link that account to the Game Service and allow the User to use the Game Service with it.
10. "Account Information" means the information a User provides to the Company through member registration or Account Linking (such as ID, member number, nickname, profile picture and friend list), the game information created and recorded through use of the Game Service (such as character information, items and level), and payment information.
11. "App Store" means the electronic commerce environment through which Content is installed on, and paid for from, a Mobile Device (for example Google Play or the Apple App Store).
12. "Partner" means a third party that provides services to Users under its own responsibility in connection with the Game Service, such as an App Store operator that processes payments, a platform operator that provides a messaging service, or an advertiser or advertising agency.
13. "Partner Service" means a service that the Company provides to Users in cooperation with a Partner for Account Linking or the smooth provision of the Game Service, or that a Partner provides to Users under its own responsibility.
14. "Paid Service" means any part of the Game Service for which the Company charges a fee or sells Content.
(2) Except as defined in paragraph (1), terms used in these Terms have the meanings given by applicable law and the Operating Policies, and otherwise by general commercial practice.
Article 3 (Provision of Company Information)
The Company displays the following information in the Game Service so that Users can easily find it. Items 6 to 8 may be made available through a linked screen.
1. Company name and name of the representative
2. Address of the place of business (including the address where User complaints can be handled)
3. Telephone number and email address
4. Business registration number
5. Any registration or notification number required by the law of the country where the Service is provided
6. Privacy Policy
7. Terms of Service
8. Information about the odds of items obtained by chance (loot boxes or gacha), where applicable law or platform policy requires it
Article 4 (Effect and Amendment of these Terms)
(1) The Company posts these Terms in the Game Service or on a linked screen so that Users can read them. Important provisions, such as those on suspension of the Game Service, withdrawal of purchases, refunds, termination and the Company's limitation of liability, are highlighted in bold, color or symbols, or shown on a separate linked screen so that Users can easily recognize them.
(2) If the Company amends these Terms, it will announce the effective date, the amended provisions and the reason for the amendment in the Game Service or on a linked screen at least 7 days before the effective date. If the amendment is unfavorable to Users or concerns a material matter, the Company will announce it at least 30 days before the effective date and also notify Users by the means set out in Article 25, with a clear comparison of the provisions before and after the amendment.
(3) When the Company announces an amendment, it will also state that a User who does not express acceptance or refusal of the amended Terms will be deemed to have accepted them. If a User does not refuse the amended Terms by the effective date, the User is deemed to have accepted them. A User who does not accept the amended Terms may terminate the service agreement.
(4) The Company takes measures to allow Users to ask questions about these Terms and receive answers.
(5) The Company may amend these Terms to the extent that the amendment does not violate applicable consumer protection, e-commerce, game industry and other relevant laws.
Article 5 (Formation and Application of the Service Agreement)
(1) A service agreement is formed when a person who wishes to become a Member agrees to these Terms and applies for member registration, or a User applies for Account Linking to use the Game Service (together, an "Application for Use"), and the Company accepts the application.
(2) The Company accepts applications for member registration and Account Linking as a rule. However, the Company may refuse or later revoke acceptance in any of the following cases:
1. The applicant has previously lost membership or had use of the Game Service restricted for conduct prohibited by these Terms.
2. The applicant has provided false information in the registration or does not meet the requirements for the Application for Use.
3. It is necessary to restrict the Game Service for a User who uses it through abnormal or circumventing means, or who accesses it from a country where the Company does not provide the Game Service.
4. The application is made for the purpose of conduct prohibited by applicable law.
5. The application is made for the purpose of disturbing public order or morals.
6. The applicant intends to use the Game Service for an improper purpose or to harm the Company's interests.
7. The applicant intends to use the Game Service for commercial gain.
8. Acceptance is otherwise inappropriate for a reason comparable to the above.
(3) The Company may withhold acceptance until the cause is resolved in any of the following cases:
1. The Company's facilities lack capacity, a particular Mobile Device cannot be supported, or there is a technical failure.
2. A failure occurs in the Game Service, or in the billing or payment method for the Game Service.
3. Acceptance is otherwise difficult for a reason comparable to the above.
(4) By submitting an Application for Use, the User confirms that the User meets the minimum age shown in the content rating of the app store listing for the User's country (16 or older in most regions), is not barred from using the Service under applicable law, and has not previously been permanently banned from the Service. If the User is under the age of majority in the country where the User lives, the User must obtain the consent of a parent or legal guardian before submitting an Application for Use and before purchasing any Paid Service.
Article 6 (Operating Policies)
(1) The Company may establish operating policies and operating principles for the Game Service ("Operating Policies") covering matters needed to apply these Terms and matters delegated by these Terms, and Users must comply with the Operating Policies when using the Game Service.
(2) Through the Operating Policies, the Company may assign Users to tiers for each item of Content and apply different menus or functions according to usage time, usage count, payment information and similar collected information, and may establish policies for Partner Services.
(3) If the Company amends the Operating Policies in a way that changes important rights or obligations of Users beyond what Users could reasonably foresee, the procedure in Article 4(2) applies.
Article 7 (Protection and Use of Personal Data)
(1) The Company publishes and complies with a Privacy Policy so that Users can use the Game Service safely. Except as provided in these Terms, the Privacy Policy and applicable law, the Company does not disclose or provide personal data to third parties without the data subject's consent. The Company's Privacy Policy does not apply to services other than the Game Service.
(2) Due to the nature of the Game Service, profile information a User chooses to display, such as nickname, character picture and status message, and some Content may be visible to other Users.
(3) Users must manage their personal data carefully. Users are responsible for damage caused by delayed or omitted updates to their personal data, and for leaks of personal data attributable to the User.
Article 8 (Obligations of the Company)
(1) The Company exercises its rights and performs its obligations under applicable law and these Terms in good faith.
(2) If a facility failure occurs or data is lost or damaged while the Company improves the Game Service to provide it continuously and stably, the Company will make its best efforts to repair or restore it without delay, unless prevented by an unavoidable cause such as a natural disaster, an emergency, or a failure or defect that cannot be resolved with current technology.
(3) The Company maintains a security system to protect personal data (including payment information) so that Users can use the Service safely, and publishes and complies with its Privacy Policy. Except as required by law or provided in these Terms and the Privacy Policy, the Company does not disclose or provide Users' personal data to third parties.
Article 9 (Obligations of Users)
(1) Users must not engage in any of the following conduct in connection with the Game Service:
1. Providing false information in an Application for Use or when changing Account Information.
2. Buying, selling or giving away in-game assets (IDs, characters, items, in-game currency and the like) through means not provided by the Company or through abnormal means, or acquiring and using such assets.
3. Impersonating Company staff or operators, posting or sending messages in another person's name, or falsely representing a relationship with another person.
4. Purchasing paid Content using another person's credit card, phone or bank account without authorization, or using another User's ID and password without authorization.
5. Collecting, storing, posting or distributing other Users' personal data without authorization.
6. Using the Game Service for harmful or inappropriate purposes, such as gambling or inducing gambling, exchanging or posting obscene or vulgar material or linking to obscene sites, or sending or distributing words, sounds, text, images or videos that cause shame, disgust or fear.
7. Using the Game Service without authorization for purposes other than its intended use, such as commercial, business, advertising, promotional, political or election activities.
8. Copying, distributing, promoting or commercially exploiting information obtained through the Game Service without authorization, or exploiting known or unknown bugs.
9. Deceiving others for gain, or causing harm to others in connection with the Game Service.
10. Infringing the intellectual property or portrait rights of the Company or others, or defaming or harming others.
11. Intentionally sending, posting, distributing or using information (including computer programs) whose transmission or posting is prohibited by law, or viruses, computer code, files or programs designed to interfere with or destroy the normal operation of software, hardware or telecommunications equipment.
12. Without special authorization from the Company, modifying the Application, using, adding or inserting unauthorized programs in the Application, hacking or reverse engineering servers, leaking or altering source code or Application data, building separate servers, or altering or misusing part of a website to impersonate the Company.
13. Repeatedly making and then cancelling or refunding payments without a genuine intention to purchase, or abusing the payment, cancellation, withdrawal or refund policies and procedures of the Company or an App Store operator to obtain an unfair benefit. This includes receiving, using or consuming paid Content and then cancelling or refunding the payment so as to unfairly keep that Content or the goods or items obtained from it.
14. Any other conduct that violates applicable law or is contrary to good morals or generally accepted social norms.
(2) Users are responsible for managing their accounts and Mobile Devices and must not allow others to use them. The Company is not liable for damage caused by poor management of a Mobile Device or by allowing another person to use it.
(3) Users must set and manage a payment password or similar protection in the App Store to prevent unauthorized payments. The Company is not liable for damage caused by a User's carelessness.
(4) The Company may set specific rules for the following matters, and Users must follow them:
1. Account names, character names, team names (clans, guilds and the like) and other names used in the game
2. Chat content and methods
3. Use of bulletin boards and similar services
4. Partner Service policies and other necessary matters
Article 10 (Provision of the Game Service)
(1) The Company makes the Game Service available without delay to a User who has entered into a service agreement under Article 5. For some Game Services, the Company may start the service on a designated date as necessary.
(2) The Company grants Users a license to use the Game Service and Content within the scope and conditions set by the Company. This license may be limited as provided by applicable law or these Terms.
(3) Users may transfer or share some or all of their Account Information to another Mobile Device using the account used for Account Linking. The Account Information that can be transferred or shared is determined for each Application in light of technical matters and the Operating Policies, and may be changed, suspended or ended for operational needs or in accordance with the policies of the external account provider.
(4) Account Information used for Account Linking cannot be changed to another external account. If a User can no longer normally use the account used for Account Linking, use of the Game Service may be restricted.
(5) The Company may install or update programs needed to use the Game Service, such as security programs, without additional consent from the User. However, the Company will always notify Users and obtain consent before installing programs unrelated to the Game Service, such as advertising programs.
Article 11 (Use of the Game Service)
(1) The Company provides the Game Service during the hours set by its business policy. Usage time, frequency or content may be limited for certain Users under applicable law, and the Company will give notice of such limits in an appropriate manner on the Application's start screen or in Game Service announcements.
(2) Notwithstanding paragraph (1), the Company may suspend all or part of the Game Service in the following cases. The Company will announce the reason and duration of the suspension in advance on the Application's start screen or in Game Service announcements, or afterwards if advance notice is impossible for an unavoidable reason.
1. Where necessary for system operation, such as regular system maintenance, server expansion or replacement, or network instability.
2. Where normal provision of the Game Service is impossible due to a power outage, failure of Game Service facilities, a surge in usage, or maintenance or inspection of a telecommunications carrier's facilities.
3. Where a situation beyond the Company's control occurs, such as war, civil unrest, natural disaster or a comparable national emergency.
(3) The Company provides the Game Service through a dedicated Application for Mobile Devices or over a network. Users may use the Game Service, free of charge or for a fee, by downloading and installing the Application or over a network.
(4) Paid Services may be used only after paying the fee stated in the Game Service. Separate charges set by the User's mobile carrier may apply when downloading the Application or using the Game Service over a network.
(5) The Game Service is provided in a form suited to the Mobile Device or mobile carrier. If a User changes Mobile Device or phone number, or uses international roaming, all or part of the Content may be unavailable, and the Company is not liable in such cases.
(6) Background processes may run for an installed Application or a Game Service used over a network. Additional charges may apply depending on the Mobile Device or mobile carrier, and the Company is not liable for them.
Article 12 (Changes to and Discontinuation of the Game Service)
(1) The Company may change the Game Service for operational or technical needs in order to provide it smoothly, and will announce the change in the Game Service before it takes effect.
(2) Notwithstanding paragraph (1), the Company may announce a change afterwards where the change is unavoidable (such as a bug fix or emergency update), is not material, or is required by an unavoidable circumstance such as a server defect or an urgent security issue.
(3) The Company may decide, change, maintain, repair and discontinue the content of the Game Service. If it becomes difficult to continue the Game Service for reasons such as a business transfer, merger, division or deterioration of the Game Service's profitability, the Company may change or discontinue all or part of the Game Service. In that case the Company will give advance notice by the means set out in Article 25 at least 7 days before a change and at least 30 days before discontinuation.
(4) If, because of a change or discontinuation under paragraph (3), a User cannot properly use paid items whose usage period has not expired, the Company will refund the User in accordance with Article 20.
Article 13 (Collection of Information)
(1) To operate the Game Service smoothly and stably and to improve its quality, the Company may collect and use information about the User's Mobile Device (settings, specifications, operating system, version and the like) that is not personal data.
(2) The Company may ask Users for additional information to improve the Game Service or provide Partner Services. Users may accept or refuse such a request, and the Company will inform Users that they may refuse.
(3) The Company may store, retain or view chat content between Users within the Service and related screenshots. The Company views such information only where it considers this necessary to mediate disputes between Users, handle complaints, maintain order in the game, or perform technical or statistical analysis. The Company discloses such information to third parties only where required by law or at the lawful request of a competent authority, and in that case notifies the User in advance of the reason and scope of the disclosure; however, where the information must be viewed to investigate, handle or confirm a violation of applicable law or of the prohibitions in Article 9, or to remedy harm caused by such a violation, the Company may give notice afterwards.
Article 14 (Advertising)
(1) The Company may display advertisements in the Game Service in connection with its operation, and Users agree to the display of advertisements while using the Game Service.
(2) The Company may send advertising messages by email, text message (SMS) or push notification only to Users who have consented to receive them. Users may withdraw consent at any time, and the Company will stop sending advertising messages once consent is withdrawn.
(3) Users may be connected through banners or links in the Game Service to services provided under the responsibility of third parties. The Company does not guarantee the reliability or stability of advertisements or other services provided in those areas and is not liable for damage caused by them.
Article 15 (Ownership of Copyright and Other Rights)
(1) Ownership, copyright (including the right to create derivative works) and all other rights in Content within the Game Service belong to the Company. Users must not use, or allow others to use, Content within the Game Service or information obtained through it that belongs to the Company or a Partner by copying, transmitting, editing, publishing, performing, distributing, broadcasting, creating derivative works or similar means without the prior written consent of the rights holder.
(2) To the extent permitted by applicable law, the User grants the Company a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify and display User Content for the purpose of operating, promoting and improving the Game Service. However, the Company will not provide to or allow third parties to use User Content that is not displayed within the Game Service and is not integrated with it (for example, posts on general bulletin boards, chats and screenshots) without the User's explicit consent.
(3) Where the Company uses User Content under paragraph (2), it will establish and publish in the Game Service a procedure by which Users can at any time request deletion, exclusion from search results or private status for their User Content through customer support or the Game Service's management functions.
(4) If the Company determines that a post made or registered by a User in the Game Service constitutes conduct prohibited by these Terms or the Operating Policies, it may delete or move the post or refuse its registration after notifying the User.
(5) A User whose legal interests are infringed by information posted on a bulletin board operated by the Company may ask the Company to delete the information or post a rebuttal. The Company will take necessary measures promptly and notify the applicant.
(6) This Article remains in effect while the Company operates the Game Service and continues to apply after termination of these Terms.
Article 16 (Purchase, Usage Period and Use of Paid Services)
(1) Paid Services may be used only through the account to which they were purchased, on a Mobile Device on which the Application is installed.
(2) Content is provided either as paid Content, for which the purchase may be withdrawn under Article 20, or as free Content received from the Company or a third party (for example through events), for which withdrawal is not available. These conditions and any usage period are stated at the time of purchase.
(3) Withdrawal of a purchase of a Paid Service, and the cases in which withdrawal is not available, are governed by Article 20.
Article 17 (Restrictions on Use of the Game Service)
(1) Users must not violate the obligations in Article 9. If a User does so, the Company may, after notifying the User, take restrictive measures including restricting the User's use of the Game Service, deleting related information (posts, pictures, videos and the like) and other measures. The Company may set the specific grounds and procedures for restrictions in the Operating Policies of each game.
(2) The Company may temporarily suspend an account's use of the Game Service until an investigation into any of the following is complete, and may restrict use for a period or permanently depending on the result:
1. A legitimate report has been received that the account has been hacked or stolen.
2. The account holder is suspected of using illegal programs or operating a gold-farming or similar unlawful operation.
3. Abuse of payment, cancellation or refund procedures under Article 9(1)13 is suspected and the facts need to be confirmed.
4. A provisional measure is otherwise needed for a comparable reason.
(3) After the investigation under paragraph (2) is complete, for Paid Services the Company will extend the User's usage period by the length of the suspension or compensate the User with equivalent Paid Services or a refund. This does not apply where the investigation confirms that the User engaged in the conduct that gave rise to the suspension.
Article 18 (Grounds and Procedures for Restrictive Measures)
(1) The Company may set the specific grounds and procedures for restrictive measures under Article 17 in the Operating Policies, taking into account the nature, severity, frequency and consequences of the prohibited conduct under Article 9(1), generally accepted social norms and applicable law.
(2) When the Company takes a restrictive measure under Article 17 or the Operating Policies, it will notify the User in advance of the following. Where urgent action is needed, notice may be given afterwards.
1. The grounds for the restrictive measure
2. The type and duration of the restrictive measure
3. How to appeal the restrictive measure
(3) A User who wishes to appeal a restrictive measure must submit an appeal stating the grounds, in writing, by email or by comparable means, within 7 days of receiving notice of the measure. The Company will respond to the grounds of the appeal in writing, by email or by comparable means.
(4) If the grounds of the appeal are valid, the Company will take appropriate action. If the restriction was justified, the Company is not liable for damage suffered by the User as a result of the restriction or termination.
Article 19 (Payment)
(1) Charging and payment of the purchase price for Content follows the policies and methods set by the mobile carrier or App Store operator. Limits for each payment method may be set or adjusted in accordance with the policies of the Company or its Partners or government policy.
(2) Where the purchase price is paid in a foreign currency, the amount actually charged may differ from the price displayed in the Game Service's store because of exchange rates and Partner fees.
Article 20 (Withdrawal of Purchases)
(1) A User who has entered into a purchase agreement for a Paid Service with the Company may withdraw the purchase without any fee or penalty within 7 days of the purchase date or the date the Paid Service became available, whichever is later, or within any longer period required by the law of the country where the User lives.
(2) The right of withdrawal under paragraph (1) does not apply in the following cases. For a purchase of divisible Content, this applies only to the part of the Content that falls under the following items.
1. Paid Content that is used or applied immediately upon purchase
2. Content that comes with additional benefits, where the additional benefits have been used
3. Content whose opening counts as use, or whose value is determined upon opening, where the User has opened it
(3) For Paid Services that cannot be withdrawn under paragraph (2), the Company will clearly display that fact where Users can easily see it, and will provide a trial version (such as limited-time use or a sample) or, where that is impractical, information about the Paid Service, so that Users' right of withdrawal is not impaired. Where required by the law of the country where the User lives (for example in the European Union and the United Kingdom), the Company will obtain the User's express consent to immediate delivery of digital content and acknowledgment that the right of withdrawal is thereby lost before delivering the Content.
(4) Notwithstanding paragraphs (1) and (2), if the purchased paid Content differs from what was displayed or advertised, or was not delivered as agreed, the User may withdraw the purchase within 3 months from the date the Content became available, or within 30 days from the date the User learned or could have learned of the fact, whichever is later.
(5) When a User withdraws a purchase, the Company verifies the purchase through the platform operator, App Store operator or other Partner. The Company may contact the User using the information the User has provided to confirm that the grounds for withdrawal are valid, and may request additional evidence.
(6) When a purchase is withdrawn under paragraphs (1) to (4), the Company will refund the payment by the same method used for payment within 3 business days of receiving the withdrawal request. Where a Partner makes this impractical, the Partner's policy applies. If the Company cannot refund within 3 business days, it will explain the reason and pay interest on the delayed amount at the rate set by applicable law. Free Content is not refundable.
(7) Where the Company refunds a purchase withdrawn for reasons attributable to the User, it may deduct an amount equal to the benefit the User obtained from using the Content.
(8) Content sold without a stated usage period may be used for as long as the Game Service is provided, and the Company guarantees its use for at least 1 year from the date of purchase. Content whose stated usage period has expired may no longer be used.
(9) Where a minor enters into a purchase agreement for Content on a Mobile Device, the Company informs the minor that the minor or the minor's legal guardian may cancel the agreement if it was made without the guardian's consent. If a minor makes a purchase without the guardian's consent, the minor or the guardian may cancel the agreement with the Company. This does not apply where the minor purchased the Content with funds the guardian permitted the minor to dispose of within a set scope, or where the minor deceived the Company into believing that the minor had reached the age of majority or had the guardian's consent.
(10) Whether the purchaser of a Paid Service is a minor is determined on the basis of the Mobile Device on which the payment was made, information about the person who made the payment, and the holder of the payment method. The Company may request documents proving that the purchaser is a minor and that the person requesting cancellation is the legal guardian in order to confirm that the cancellation is legitimate.
(11) When a purchase is withdrawn, the User must stop using the Content and the Company may remove it from the User's account; the User must delete any copies that remain on the Mobile Device.
(12) The costs of supply and return upon withdrawal are allocated in accordance with applicable consumer protection law.
(13) Where a payment is cancelled or refunded through an App Store operator or similar, the User must not use the Content received for that payment or the goods or items obtained from it. The Company may recover any Content, goods or items that remain with the User in connection with the cancelled or refunded product.
(14) If the Company confirms that a User has obtained an unfair benefit by abusing the payment and refund procedures, such as by repeatedly making and cancelling or refunding payments without a genuine intention to purchase, or by cancelling or refunding payment for paid Content that has already been received, used or consumed, the Company may restrict the User's use of the Game Service under Articles 17 and 18.
(15) A withdrawal, cancellation or refund made legitimately under applicable law, these Terms or the procedures set by the Company is not subject to restriction under paragraph (14).
Article 21 (Refund of Overpayments)
(1) If an overpayment occurs, the Company will refund it to the User. However, if the overpayment was caused by the User without intent or negligence on the Company's part, the User bears the actual cost of the refund.
(2) Payments made through the Application follow the payment method provided by the Partner. If an overpayment occurs during payment, the User must as a rule request a refund directly from the App Store operator or other Partner.
(3) Communication charges (call charges, data charges and the like) incurred by downloading the Application or using the network service may be excluded from refunds.
(4) Refunds are processed in accordance with the refund policy of the Partner or the Company, depending on the operating system of the Mobile Device used for the Game Service.
(5) The Company may contact the User using the information the User has provided, and may request necessary information, in order to process a refund of an overpayment.
Article 22 (Termination)
(1) A User who no longer wishes to use the Game Service may terminate the service agreement at any time by withdrawing membership or discontinuing Account Linking. Once membership withdrawal is complete, the Game Service can no longer be used with that account, and recovery and use of the withdrawn account are restricted. When a User terminates, the Company deletes the User's personal data without delay by a method that makes recovery impossible, except where the Company retains the information under applicable law and its Privacy Policy.
(2) When a User requests membership withdrawal, the Company may verify the User's identity and will process the request in accordance with applicable law.
(3) If there is a material reason why the agreement cannot be maintained, such as the User engaging in conduct prohibited by these Terms or the Operating Policies, the Company may, after giving notice a reasonable time in advance, suspend the User's use of the Game Service for a set period or terminate the service agreement. Refunds and compensation in that case are handled in accordance with applicable consumer protection guidelines.
(4) To protect the personal data of Users who have not used the Game Service for 1 consecutive year from their last use ("Dormant Accounts"), the Company may terminate the service agreement and delete the User's personal data. In that case the Company will notify the User at least 30 days before the measure that the agreement will be terminated and which personal data will be deleted.
Article 23 (Compensation for Damage)
(1) If the Company or a User causes damage to the other party by violating these Terms, the party at fault is liable to compensate for the damage.
(2) If a dispute arises, such as an objection or lawsuit from a third party against the Company, because of a User's unlawful conduct or violation of these Terms in using the Game Service, the User must indemnify the Company at the User's own responsibility and expense. If the Company is not indemnified, the User is liable for all resulting damage to the Company, including attorneys' fees. The Company remains responsible for any part attributable to its own fault.
Article 24 (Limitation of the Company's Liability)
(1) The Company is not liable for failure to provide the Game Service caused by a natural disaster or comparable force majeure.
(2) The Company is not liable for damage caused by maintenance, replacement, regular inspection or construction of Game Service facilities or comparable causes.
(3) The Company is not liable for disruptions to use of the Game Service caused by the User's intent or negligence, unless the User has an unavoidable or legitimate reason.
(4) The Company is not liable for the reliability or accuracy of information or materials posted by Users in connection with the Game Service, unless the Company acted with intent or gross negligence.
(5) The Company has no obligation to intervene in transactions or disputes between a User and another User or third party arising through the Game Service, and is not liable for resulting damage.
(6) The Company is not liable for damage suffered by Users in connection with the free Game Service unless applicable law provides otherwise.
(7) The Company is not liable for a User's failure to obtain, or loss of, profits expected from using the Game Service, unless the Company acted with intent or gross negligence.
(8) The Company is not liable for loss of in-game content such as experience points, ranks, items or in-game currency, unless caused by the Company's intent or gross negligence.
(9) The Company is not liable for third-party payments resulting from a User's failure to manage the Mobile Device password, the password provided by a Partner or similar.
(10) The Company is not liable where all or part of the Content cannot be used for reasons attributable to the User, such as a change of Mobile Device, phone number, operating system version, international roaming or change of carrier.
(11) The Company is not liable where a User changes or deletes Content or Account Information provided by the Company, unless caused by the Company's intent or gross negligence.
(12) The Company is exempt from liability for damage caused by errors in the User's PC or Mobile Device, or by the User's inaccurate or missing personal information or email address, unless the Company acted with intent or gross negligence.
(13) A Non-member (guest) account held by a User may be deleted due to external factors unrelated to the Company's Service, such as platform device or network service errors. The Company has no obligation to restore or compensate in that case unless it acted with intent or gross negligence.
(14) Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the law of the country where the User lives, including liability for death or personal injury caused by negligence, for fraud, or for intent or gross negligence. Where the law of the User's country gives consumers rights that cannot be waived, those rights prevail over these Terms.
Article 25 (Notices to Users)
(1) The Company may give notice to Users by email, in-game message, text message (SMS) or similar means.
(2) For notices to all Users, the Company may post the notice in the Game Service or display a pop-up for at least 7 days in place of individual notice under paragraph (1).
Article 26 (Governing Law and Jurisdiction)
(1) These Terms are governed by and construed in accordance with the laws of the Republic of Korea. If the User lives in a country whose law requires that mandatory consumer protection rules of that country apply to the User, the User also benefits from those rules.
(2) Any lawsuit arising from a dispute between the Company and a User is subject to the jurisdiction of the competent court under the Civil Procedure Act of the Republic of Korea. If the User is a consumer living in a country that gives the User the right to bring proceedings in the courts of that country, nothing in these Terms deprives the User of that right.
Article 27 (Handling of User Complaints and Dispute Resolution)
(1) The Company provides guidance in the Game Service or on a linked screen on how Users can submit opinions or complaints, and makes reasonable efforts to handle them. Users may contact the Company at help@aircapseoul.com.
(2) If an opinion or complaint raised by a User is objectively found to be justified, the Company will handle it promptly within a reasonable period. If handling takes a long time, the Company will notify the User of the reason and the schedule.
(3) If a dispute between the Company and a User is referred to a third-party dispute resolution body, the Company and the User will cooperate in good faith with that body's procedures. Users in the European Union may also refer a dispute to a consumer alternative dispute resolution body in their country.
Article 28 (Matters Not Provided For)
Matters not provided for in these Terms, and the interpretation of these Terms, are governed by applicable consumer protection, e-commerce, digital content and other applicable laws, and by commercial practice.
Article 29 (Severability)
If any provision of these Terms is held to be invalid or unenforceable under applicable law, that provision will be modified only to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Article 30 (Miscellaneous)
(1) These Terms, together with the Privacy Policy and the Operating Policies referred to in these Terms, constitute the entire agreement between the User and the Company regarding the Service and supersede any prior agreements on the same subject.
(2) The User may not assign or transfer the User's rights or obligations under these Terms to any other person. The Company may assign these Terms to an affiliate or to a successor in connection with a merger, business transfer or similar transaction, with notice to Users under Article 25.
(3) The Company's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
(4) Articles 15, 23, 24, 26, 29 and 30, and any other provision that by its nature should survive, continue to apply after termination of the service agreement.
(5) These Terms may be provided in several languages for the convenience of Users. The version in the language applicable to the country where the User lives governs the User's use of the Service; where no such version exists, this English version governs.
Article 31 (Notice for Users in the European Union)
(1) This Article applies only to Users who live in the European Union. For the purposes of Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act), the Company has designated the following single point of contact for communication with Member State authorities, the European Commission and the European Board for Digital Services, and with Users: help@aircapseoul.com. Communication is possible in English and Korean. Reports of potentially illegal content may be sent to this contact.
(2) Content moderation: the Company moderates User Content (such as nicknames and chat) using a list of prohibited words that is updated regularly, automated filtering, and reports from Users. A User who accumulates reports within a set period may be subject to measures such as a temporary chat restriction under Articles 17 and 18. Users may report content from within the Service or through the contact above, and may appeal a moderation decision under Article 18(3). Users in the European Union may also use the out-of-court dispute settlement bodies certified under the Digital Services Act.
Addendum
These Terms take effect on October 26, 2026.
These Terms are provided in English for users outside the Republic of Korea. The Korean version applies to users in the Republic of Korea.