P&E Terms of Service | Terms of Service | Privacy Policy | Service Policy

P&E Terms of Service

Effective Date: 03. 28. 2023

1. Overview

These Terms of Service apply to your "user") use of the game service ("Service") provided by Wemade Play Co., Ltd. ("Company"). Your use of the Service is considered your ultimate acknowledgment of your understanding of an agreement to these Terms.

These Terms take effect upon being announced to users as it is posted on the Company's website, and the Company may change them at any time as long as they do not violate any relevant laws.

You are free to disagree with the changed Terms of Service, and in that case, you may stop using the Service and delete your account with the Service. However, if you continue to use the Service after the changed Terms of Service become effective, you will be considered to have agreed to the changed terms and conditions.

If you make a suggestion or raise a complaint that is deemed to be objectively valid, the Company will handle it promptly within a reasonable time frame. However, if the handling takes a long period of time, you will be notified of the reason and the estimated schedule of processing.

In the event of a Service interruption, the Company shall make every effort to repair or restore it without delay unless there are extenuating circumstances.

2. User Agreement

2.1 You must be 19 years of age or older to use the Service, and you may not use the Service if you are younger than 19 years of age.

2.2 Your use of the Service is considered your agreement to comply with the various policies and announcements about the use of the Service set in place by the Company.

2.3 If you steal someone else's personal information to use the Service, you cannot claim the user's rights established by these Terms, and the Company may cancel or terminate this user agreement.

2.4 The Company may refuse your use of the Service in the following cases:

(a) When a user who was temporarily or permanently banned from the Service per the operation policy requests its use

(b) When the Company has a contract that requires limiting Service access for users from certain countries

(d) Other cases where allowing access to the Service is deemed inappropriate

3. User Account

3.1 The Company performs various user management tasks, such as controlling service access through user accounts.

3.2 You are responsible for managing your account (including your third-party account if using SSO) with utmost care. The Company is not liable for any damages caused by your negligence in managing your account or allowing a third party to access your account.

3.3 The Company is also not liable in the event of you losing access to the Service due to the SSO link between your account and the third-party account being severed or blocked when the third-party account becomes inactive or deleted because of your negligence after establishing an SSO link between your Service account and a third-party account.

3.4 Guest accounts may experience account data loss upon physical loss, reset, or deletion of cache and data of the user’s device. On such occasions, the Company is not liable for any damages the Guest account user may experience.

4. Privacy Protection

4.1 The Company strives to protect your personal data, including your Service account. The Company's Privacy Policy governs the protection and use of your personal data.

4.2 The Company's Privacy Policy does not apply to third-party services and advertisements that are simply linked to the Company's website or Service.

4.3 The Company is not liable for any personal data, including user account information, breached by causes attributable to you.

5. User Obligations

5.1 You may not use the Company's Service for purposes other than the intended purpose of the Service or engage in any of the following behaviors:

(a) Using someone else's personal information or submitting false information when providing personal information to the Company

(b) Stealing or illegally using other user's accounts or stealing someone else's identity

(c) Using information obtained through the Company's Service in a commercial or non-commercial manner or taking advantage of unknown bugs while using the Service

(d) Generating profit for yourself or someone else using the Company's Service

(e) Defaming or inflicting damage on someone else

(f) Any infringement on the Company's or a third party's intellectual property rights, likeness rights, and any other rights

(g) Causing damage to a third party by taking profit by deceiving the said third party or improperly using the Service provided by the Company

(h) Communicating or posting vulgar and obscene materials, linking pornographic sites, or posting unauthorized advertisements or promotional materials

(i) Baiting or participating in gambling, such as betting on property

(j) Sending or spreading text, symbols, sounds, and videos (including links to such) that cause shame, disgust, or terror to other users

(k) Destroying, damaging, altering, falsifying, or interrupting the operation of communication systems, data, or programs

(l) Using the Service for profit, business, advertising, or political activities without the Company's permission

(m) Any illegal or unfair behavior that disrupts public order and customs or violates relevant laws

5.2 You are obligated to review periodically and comply with the Company's announcements and revisions of these Terms and must not engage in any activity that may interfere with the Company's operation.

5.3 Your in-game currency may only be used by your account, and you may not transfer, loan, or sell it to or exchange it with another user in a way not permitted by the Company.

5.4 The Company may establish a Service operation policy and a code of conduct for the operation of the Service, and such Service operation policy and code of conduct may be subject to change as needed.

5.5 You are required to comply with the Service operation policy established by the Company as you use the Service.

5.6 Accessing the Service using a Virtual Private Network (VPN) may be considered illegal use of the Service and may result in a Service suspension. Also, the Company is not liable for any problems that may arise from you accessing the Service through a VPN.

6. Service Change and Termination

6.1 The Company has all-inclusive rights to the Service, including its operation and termination.

6.2 The Company may restrict, suspend, or terminate the Service in full or in part in the following cases:

(a) When there is a force majeure reason, such as a war, accident, or national emergency

(b) When regular Service use is disrupted due to a power outage, equipment malfunction, or traffic overload

(d) Any other circumstances that render the Company unable to provide Service

6.3 The Company is not liable for any problems that may arise from changes in and/or suspension of the Service unless the changes and/or the suspension are caused by the Company's intention or negligence.

6.4 The Company notifies users in advance that the Service may be temporarily suspended for a set duration if necessary, for scheduled system maintenance, server expansion and replacement, various bug patches, Service changes, and/or else. However, if the Company is rendered unable to make prior notice due to unavoidable reasons, the Company may make the announcement afterward.

6.5 The Company may terminate the entire Service if maintaining the Service becomes difficult due to serious business reasons such as Service closure after a business transfer, division, or merger, Service contract expiration, and the Service's profit falling.

7. Provision of Information and Posting of Advertisements

7.1 The Company may request additional information from you besides the user data provided by the platform provider and will not use the collected or provided user data for any purposes other than what is specified in the Privacy Policy.

7.2 The Company may post advertisements in the Service, and you agree to the display of advertisements during Service use.

7.3 The Company is not liable for any of your losses or damages arising from accessing, engaging, or trading with the advertisements mentioned in Clause 2

8. Content and In-App Purchases

8.1 The Service Application includes in-app payment features to allow the content purchase, and the enabled payment method is provided by the AppStore provider.

8.2 You must prevent unauthorized in-app purchases made by third parties by setting up security measures such as a password. The Company is not liable for any third-party in-app purchases that arise from you not using a preventative measure for in-app purchases or a password leak due to your negligence.

8.3 You may cancel your purchase within a cooling-off period of 7 days from the date of the purchase, and the refund process will follow the refund policy and procedure of the AppStore provider you used. See the AppStore provider's operation policy for more information on the refund policy and how to request a refund.

8.4 Content acquired without making an in-app purchase (including but not limited to content acquired while using the Service or through events) is not refundable.

8.5 You may purchase content in accordance with the purchase policy of the AppStore provider, and the payment amount may differ depending on the specific policy (including but not limited to taxation policy and such) of the relevant country. The content purchase price is charged based on the method and policy established by the payment provider affiliated with the AppStore provider or the AppStore provider, and the payment method also follows the relevant provider's payment policy.

8.6 The content you purchase can only be used on the device where the Application is installed.

8.7 The purchased content may only be used by your account, and you may not transfer, loan, or sell it to or exchange it with another user.

9. Blockchain Content

9.1 The Service provided by the Company includes blockchain-based content, which is provided jointly with services of third parties (including but not limited to platform providers).

9.2 You can freely decide whether or not to use the blockchain-based content and digital assets, and using the blockchain-based content and digital assets requires an SSO (Single Sign On) link between your Service account and a third-party account.

9.3 The digital assets provided by the Company may either be NFTs (Non-Fungible Tokens: refers to all digital assets on a blockchain that cannot be exchanged for other tokens) or FTs (Fungible Tokens: refers to all digital assets on a blockchain that may be exchanged for other tokens).

9.4 The Company may decide whether to provide its blockchain-based content as NFTs or FTs. Also, the Company may freely change or add more to the distinction between these two types.

9.5 Since Blockchain-based content and digital assets are relatively new concepts, the applicable laws or regulations are uncertain. Therefore, New legislation, restrictions, and any relevant laws that may be enacted in the future can negatively affect blockchain-based content, digital assets, or blockchain technology. You fully understand this and agree to solely bear all risks.

9.6 Blockchain-based content and digital assets may be influenced positively or negatively by fluctuations in third-party digital assets. You understand and agree to the possibility of the blockchain-based content and digital assets being influenced by fluctuations in third-party digital assets.

9.7 Blockchain-based content and digital assets may be influenced by balance changes or modifications by the Service or a third party. You fully understand this and agree to bear the associated risks. The Company is not liable for any loss you may experience due to such influences.

9.8 You are using the blockchain-based content and digital assets in accordance with the self-responsibility principle and bear the entire responsibility therein.

10. Suspension

10.1 The Company may temporarily suspend your access to the Service for the following cases until the investigation is complete:

(a) When it is required to fulfill a legal obligation or comply with a court order

(b) When there is reasonable doubt about you committing one or more of the unacceptable behaviors laid out in the Acceptable Use Policy

10.2 The Company may restore your access to the Service once the investigation mentioned in Clause 1 is completed.

11. Agreement Termination and Withdrawal from Service

11.1 You are free to terminate (withdraw) the Service agreement whenever you do not want to use the Service.

11.2 When the Service agreement is terminated (withdrawn), the Company immediately deletes Service use records. However, due to the technological nature of blockchains, the data related to blockchain-based content may not be deleted.

11.3 The Company may terminate the Service agreement or temporarily restrict access to the Service for a set duration if you violate Article 6 or other conditions laid out in the Company's separate operation policy.

11.4 You may follow the procedures established by the Company to appeal the imposed Service restriction in Clause 3, and if your appeal is deemed justified, the Company shall immediately restore your access to the Service.

11.5 The Company has no obligation to compensate you for any damages that may be caused by the Service restriction in Clause 3 if the restriction is justified.

12. Compensation for Damages

12.1 Any failure of the Company to assert a right or provision under these Terms or respond to your violations shall not constitute a waiver of such right or provision.

12.2 If you cause damage to the Company by violating your obligations laid out in these Terms or cause damage to the Company over the course of using this Service, you agree to compensate the Company for such damage.

12.3 If you violate the law or breach these Terms while using the Service, and your violation or breach results in a claim or liability, including lawsuits, against the Company raised by a third party other than you, you agree to indemnify the Company, pay all involved expenses, and compensate the Company for any damages that may occur from failure of indemnification.

13. Exemption of Liability

13.1 The Company is exempt from liability if it is unable to provide the Service due to a natural disaster, national emergency, hard-to-resolve technical difficulties, network failure of the platform provider, or other reasons beyond the Company's reasonable control.

13.2 The Company is not liable for the suspension of or interruption to the Service caused by you and is not liable for any damage to you caused by the platform provider's termination of or failure to provide the blockchain service.

13.3 The Company is exempt from liability in case of Service suspension or failure due to reasons beyond its control, such as Service equipment repairs, replacement, or maintenance that were announced beforehand or were conducted upon emergency.

13.4 The Company is not liable for any prejudice or loss of information you may suffer from changing your personal information (including your Service account).

13.5 The Service may be influenced by the network conditions of the platform provider. The Company is not liable for any problems that may arise due to the platform provider's network.

13.6 The Service is performed on the platform provider's blockchain. As such, you bear the responsibility to manage your own wallet address (such as the private key of the wallet), and the Company is exempt from all liabilities regarding this.

13.7 The Company is not obligated to intervene in any disputes between you and another user or a third party that may arise from the use of the Service and is not liable for any damages resulting from such disputes.

14. Applicable Laws and Jurisdictions

All disputes arising in connection with the use of the Service shall be governed by the laws of the Republic of Korea regardless of international law, and the Company and you agree that the court of the Republic of Korea has personal jurisdiction. Also, you agree that international conventions or treaties related to the use of the Service shall not be applied regardless of your country of residence.

15. Definition of Terms

1. User: A person using the Service provided by the Company.

2. Service: The entire service provided by the Company.

3. NFT: Non-Fungible Token that serves as a unique digital identifier.

4. Wallet address A public key provided by a platform provider for storing and managing blockchain content and digital assets.

5. Platform provider: A blockchain mainnet (e.g., WeMix) business.

6. User account: An account with an AppStore provider such as Apple or Google provided by the user for user identification and service access. Includes a wallet address when linked to a wallet address by SSO.

7. Guest account: A user ID granted for user identification and service access independently of user accounts.

8. SSO (Single Sign On): Establishing a link between a user account and a wallet address or an account with a third-party partner of the Company.

9. Application (App): The entire program through which the Service provided by the Company can be used.

10. In-App Purchase: Content purchase in the Application.

11. Content: Refers to items and such created by the Company for use in the Service.

12. In-game currency: Paid or free currency that can be used for purchasing content. Excludes digital assets.

13. Blockchain content or digital assets: Refers to blockchain-based items or data existing in digital format, including but not limited to NFTs (Non-Fungible Tokens), FTs (Fungible Tokens), cryptocurrency, and game tokens.