Article 1: Purpose
The purpose of these terms is to define the rights, obligations, responsibilities, and other necessary matters between Nostella Co., Ltd. (hereinafter referred to as the “Company”) and its members regarding the use of all game services, websites, and other ancillary services (hereinafter referred to as the “Services”) provided through devices.
Article 2: Definition of Terms
The definitions of terms used in these terms are as follows:
- “Member” refers to a person who has entered into a usage agreement with the company and uses the services provided by the company.
- “Guest Member” refers to a member who uses the services in guest login mode without creating a company account or linking to a third-party platform account.
- “Service” refers to all services provided to members through the company’s website, mobile site, mobile game applications, and other platforms, including games, social networks, customer support, information provision, and other ancillary services.
- “Device” refers to any device that can download or install content through a network, such as mobile phones, smartphones, personal digital assistants (PDAs), tablets, etc.
- “Account Information” refers to the collective information provided by the member to the company, including the member’s number, external account information, device information, nickname, profile picture, friends list, game usage information (character information, items, levels, etc.), and payment information.
- “Content” refers to all digital content created by the company for service provision, whether paid or free, including games, network services, applications, game money, game items, etc., that can be used on devices.
- “Paid Payment” refers to the act of making a payment to purchase or use content within the service.
- “Open Market” refers to the electronic commerce environment established to install applications and make paid payments on devices.
- “Affiliated Service” refers to individual or collective services provided through partnerships with other mobile platform service providers, allowing members to use services on devices using subscription information and profile pictures from the affiliated mobile platform.
- “Payment Service Provider” refers to companies that provide electronic payment methods available in open markets, such as credit card payments and mobile payments.
- “Application” refers to all programs downloaded or installed on mobile devices to use the services provided by the company.
- “Game Service” refers to the game and ancillary services executed on devices provided by the company.
Definitions of terms used in these terms, except as specified in Article 2(1), follow the relevant laws and service-specific policies. Undefined terms follow general commercial practices.
Article 3: Effectiveness, Application, and Changes of the Terms
- These terms become effective when agreed upon and apply from the effective date of any changes to the terms.
- If the terms are changed, the company will announce the changed terms and their effective date on the official community or upon game access at least 7 days before the effective date. However, if the changes could potentially cause losses to members, the announcement will be made 30 days in advance. The changed terms take effect from the announced effective date.
- When announcing the revised terms, the company will also announce that members who do not express acceptance or refusal of the account terms will be deemed to have accepted them. If members do not express refusal by the effective date, they will be deemed to have agreed to the account terms. If members do not agree to the revised terms, either the company or the member may terminate the service usage agreement.
- Agreeing to these terms means agreeing to regularly use the service and check for changes in the terms. The company is not responsible for any damages resulting from the member’s failure to be aware of the revised terms due to their negligence.
- The company may revise these terms within the limits of relevant laws such as the “Act on Consumer Protection in Electronic Commerce,” “Act on Regulation of Terms and Conditions,” “Game Industry Promotion Act,” “Act on Promotion of Information and Communications Network Utilization and Information Protection,” and the “Content Industry Promotion Act.”
Article 4: Formation and Application of the Usage Agreement
- The usage agreement is concluded when an applicant (hereinafter referred to as the “Applicant”) agrees to the terms, applies for the service, and the company approves this application.
- The company principally approves the Applicant’s application. However, the company may not approve or may cancel the approval (including usage restrictions) in the following cases:
- If the application contains false information or fails to meet the application requirements.
- If the Applicant exploits bugs in the program.
- If the Applicant intends to engage in activities prohibited by relevant laws such as the “Game Industry Promotion Act.”
- If the Applicant intends to disrupt social order or morality.
- If the Applicant intends to use the game service for criminal or fraudulent purposes.
- If the Applicant intends to use the game service for commercial purposes.
- If the Applicant, in a competitive relationship with the company, intends to harm the company’s interests.
- If the Applicant uses another person’s information or device without permission.
- If the Applicant transmits, posts, or disseminates information that infringes on another’s patents, trademarks, trade secrets, copyrights, or other intellectual property rights.
- If the Applicant transmits, posts, or disseminates obscene, vulgar content in violation of the Youth Protection Act.
- If the Applicant transmits, posts, or disseminates information that seriously insults or invades the privacy of others.
- If the Applicant harasses or threatens other members, or persistently causes discomfort.
- If the Applicant attempts to use the service from countries where the company does not provide services or has not decided to provide services.
- If the Applicant applies to use the game service from a device restricted by the company.
- If the company deems the approval inappropriate for other reasons.
- The company may defer approval if there are technical or operational constraints, such as:
- Lack of facilities, unsupported devices, or technical difficulties.
- Technical issues such as service or payment method failures.
- Other reasons making the approval difficult.
- Upon completion of the terms agreement procedure and entry of necessary information, the company provides immediate access to the service unless there are deferral or refusal reasons. If issues are identified later, the company may terminate the agreement or impose usage restrictions according to these terms.
- The company may provide a guest member feature for convenience. Guest account information may be deleted or become irretrievable under specific circumstances, and the company does not guarantee recovery or compensation for guest account information.
Article 5: Supplementary Provisions
Matters not specified in these terms and the interpretation thereof shall follow the “Act on Consumer Protection in Electronic Commerce,” “Act on Regulation of Terms and Conditions,” “Game Industry Promotion Act,” “Act on Promotion of Information and Communications Network Utilization and Information Protection,” “Content Industry Promotion Act,” and relevant customs.
Article 6: Operational Policy
- The company may establish operational policies for specific delegated matters within the terms.
- Operational policies will be notified to members via the official community.
- Amendments to operational policies follow the procedures in Article 3(2).
Article 7: Protection and Use of Personal Information
- The company strives to protect members’ personal information per relevant laws and adheres to the privacy policies of platform operators and open market operators. However, the company’s privacy policy does not apply to linked sites outside the official site.
- The company may request additional verification (e.g., a copy of ID) if necessary and will notify the purpose and use beforehand. Such information will be used solely for the stated purpose and destroyed upon achieving the purpose. Members must provide truthful information and are responsible for any disadvantages from providing false information.
- Except as required by law, the company does not provide personal information to third parties without consent.
- The company is not responsible for damages arising from personal information leaks due to member negligence.
Article 8: Company’s Obligations
- The company shall not engage in prohibited acts under relevant laws and these terms and will strive to provide continuous and stable services.
- The company faithfully fulfills its security obligations to protect members’ personal information.
- If justified complaints or opinions are raised by members, the company will process them promptly through appropriate procedures. If immediate handling is difficult, the company will notify the member of the reason and the processing schedule.
Article 9: Member’s Obligations
- Members must comply with the provisions of these terms, additional regulations set by the company, and any notices. Members must not interfere with the company’s operations or damage its reputation.
- Members cannot use the service for commercial activities without prior consent from the company, and members are responsible for any outcomes of unauthorized commercial activities. The company may limit service use and claim damages if members cause harm through such activities.
- Members must not engage in the following acts when using the service:
- Providing false information or using another’s information.
- Using another’s credit card, phone, bank account, or ID fraudulently.
- Acquiring, using, trading, gifting, transferring, or attempting to do so with game information through unauthorized services or abnormal methods.
- Replicating, distributing, modifying, or commercially exploiting the service or information obtained from the service without prior consent.
- Gaining undue financial benefits through unauthorized use of the service.
- Infringing on intellectual property or portrait rights.
- Defaming others or engaging in equivalent acts.
- Unauthorized use of payment methods without the consent of the owner.
- Collecting, storing, posting, or distributing others’ personal information without permission.
- Exploiting bugs or causing system malfunctions with viruses.
- Using the service for commercial, advertising, or political activities without consent.
- Exchanging obscene or vulgar information or linking to obscene sites.
- Inducing or participating in gambling.
- Transmitting content that induces feelings of shame, hatred, or fear.
- Transmitting or posting prohibited information or harmful content.
- Engaging in unauthorized refunds through third-party services.
- Impersonating staff or operators or posting fraudulent information.
- Modifying the application, adding unauthorized programs, hacking, reverse engineering, or changing data.
- Paying others to progress in the game.
- Other illegal or inappropriate acts.
- Members are responsible for managing their accounts and devices and must not allow others to use them. The company is not liable for damages caused by negligence in managing devices or allowing others to use them.
- Members must set and manage security measures to prevent unauthorized payments. The company is not responsible for damages due to member negligence.
- The company may establish rules for specific matters such as account names, board usage, game play restrictions, etc., and members must comply. Violation of these policies may result in game usage restrictions or legal action.
Article 10: Provision of Services
- The company provides immediate access to services for members who complete the application process. Some services may commence from a designated date.
- The company may provide additional services along with the main service.
- The company may differentiate usage limits, frequency, and service scope based on member grades.
- Services are provided continuously according to the company’s operational policies. The company may temporarily suspend services for system maintenance, server expansion, or other operational needs, notifying members through the official community.
- The company may temporarily restrict or suspend services without notice for urgent reasons and notify members afterward.
- The company may conduct regular maintenance for stable service provision, notifying members through the game or official community.
- Services are provided through applications or networks for smart devices. Members can download and install applications or use services for free or for a fee.
- Paid services require payment as specified. Network usage may incur additional charges from the member’s telecom provider.
- Service availability may vary depending on device changes, phone number changes, roaming, etc. The company is not responsible for service unavailability due to these reasons.
- The company may limit service usage time according to laws and policies, and is not responsible for related issues.
Article 11: Usage of Paid Content
- Members can purchase paid content according to the payment policies of each open market operator or platform operator. Payment amounts may vary due to policy differences.
- Paid content is usable only on the device where the application is downloaded or installed.
- The usage period for paid content follows the specified period. If the service is terminated, the usage period is until the service termination date. After the period expires, usage rights expire.
- Paid content must be used only within the member’s account and cannot be transferred or sold without the company’s permission.
Article 12: Billing
- Billing for content follows the policies of telecom providers and platform operators. The company is not responsible for billing discrepancies due to policy differences.
- The company is not liable for unauthorized payments due to member negligence in managing passwords or security settings.
- Prices for paid content are displayed in the store but may vary due to exchange rates and fees.
- Billing methods and payment policies must be followed.
- Prices generally include VAT unless specified otherwise.
Article 13: Withdrawal of Purchase, etc.
- Members who have entered into a paid service contract can withdraw within 7 days without any charges.
- Withdrawal is not allowed in the following cases:
- If the content is damaged or used due to member negligence.
- If the content is partially consumed.
- Immediately usable or applicable paid content.
- Content with additional benefits or bundled content where some benefits are used.
- Content deemed used upon opening.
- If content provision has started, except for divisible contracts.
- The company must clearly inform members of withdrawal restrictions for certain content. If not, members can withdraw despite the restrictions.
- Members can withdraw if the paid service content differs from advertisements or contracts within 7 days of purchase or 30 days of discovery.
- Withdrawals must be made through customer support, and relevant documents may be requested.
- The company verifies the purchase through platform operators and may contact the member for additional verification.
- Minors can withdraw from contracts without legal guardian consent unless deceitful actions were taken to appear as an adult.
Article 14: Termination of Contract
- Members can terminate the contract by canceling their membership, resulting in the deletion of content information.
- The company may terminate the contract for serious breaches of terms or policies. Immediate termination is possible for urgent reasons.
- Members cannot claim refunds or compensation for purchased content upon termination.
Article 15: Refund of Overpayment
- The company refunds overpayments, but members bear the actual costs if the overpayment is due to member negligence.
- Refund requests for overpayments must be made to the company or open market operator.
- Communication fees are not refundable.
- Refunds follow the policies of open market operators or the company.
- The company contacts members for refund processing and requests necessary information. Refunds are processed within 3 business days.
Article 16: Compensation for Damages
- Members are responsible for compensating the company for any damages resulting from violating the terms.
- If the company faces claims from third parties due to member actions, the member must indemnify the company.
- The company is not liable for damages except for significant negligence such as server malfunctions.
Article 17: Limitation of Liability
- The company is not liable for service interruptions due to force majeure.
- The company is not responsible for interruptions caused by member negligence.
- The company is not liable for network issues caused by telecom operators.
- The company is not responsible for damages from scheduled maintenance or unforeseen operational needs.
- The company is not liable for members’ loss of expected profits or benefits.
- The company is not responsible for device-related issues.
- The company is not responsible for the content posted or transmitted by members.
- The company is not responsible for disputes between members or between members and third parties.
- The company is not liable for device errors or inaccurate personal information provided by members.
- The company is not responsible for the loss of game assets due to normal circumstances.
- The company may terminate services with 30 days’ notice and is not liable for compensation for service termination.
- The company is not responsible for damages from guest account usage.
- The company is not liable for content or account information deleted by members.
- The company is not responsible for unauthorized payments due to poor password management.
- The company is not responsible for service disruptions caused by device changes, number changes, OS upgrades, or roaming.
Article 18: Service Usage Restrictions
- Members must not violate their obligations under Article 9, and if such violations occur, the company may impose usage restrictions as follows, including deleting relevant information (posts, pictures, videos, etc.) and other measures:
- Restriction of certain privileges: Restriction on the use of assets, resetting game information, etc.
- Character usage restriction: Restriction on character usage for a certain period or permanently.
- Account usage restriction: Restriction on account usage for a certain period or permanently.
- Member usage restriction: Restriction on the use of the game service for a certain period or permanently.
- If the usage restrictions are justified, the company is not liable for any damages caused by these restrictions.
- If a member’s account is used by another person to violate the terms or operational policies, the member’s own game service usage may also be restricted according to the criteria in paragraph 1.
- To improve services and protect member information, the company may delete game information, including characters, from accounts that have not been used for a certain period. The company will notify the member 7 days before deleting the game information and request that they log in to continue using the services.
- The company may suspend service usage for the relevant account until an investigation is completed if:
- A valid report is received that the account has been hacked or stolen.
- The account is suspected of being used for illegal activities, such as using illegal programs or operating as a bot farm.
- There are other similar reasons that necessitate temporary suspension of service usage.
Article 19: Reasons and Procedures for Usage Restrictions
- When the company imposes usage restrictions, it will define the scope, degree, frequency, results, and other related matters according to operational policies.
- When imposing usage restrictions, the company will notify the member of the following through prior notice and by posting on the official community or the initial screen of the application. In unavoidable cases, notice may be given afterward:
- Reason for the restriction
- Type and duration of the restriction
- Method for filing an objection to the restriction
- Members can file an objection to the usage restriction within 15 days from the date the restriction was imposed, following the company’s prescribed procedures.
Article 20: Use of Paid Content
- Members can purchase paid content according to the payment policies of the respective open market operators or platform operators based on the type of device they are using, and there may be differences in payment amounts due to these policy differences. Payment for paid content is charged according to the methods and policies determined by the open market operators, platform operators, and associated telecom providers, and payment methods also follow these policies.
- Paid content purchased by members within the game service can only be used on the device where the game service application is downloaded or installed.
- The usage period for paid content follows the specified period at the time of purchase. In case of service termination, the usage period for paid content is set until the termination date announced at the time of service termination notice. Once the usage period expires, the usage rights for the paid content expire. Paid content can only be used within the member’s own account and cannot be transferred, rented, sold, or provided as collateral to others unless otherwise specified by the company.
Article 21: Payment
- Payment for content is primarily charged according to the policies and methods determined by telecom providers, open market operators, or platform operators, and payment methods must follow these specified methods. Payment limits for each payment method may be imposed or adjusted according to the policies of the company, platform operators, payment service providers, telecom providers, open market operators, and government policies.
- The company is not responsible for any unauthorized payments resulting from the member’s failure to use or negligence in managing the password settings of the device and open market.
- Prices for paid content are displayed in the in-service store, but actual billing amounts may differ due to exchange rates and fees in the case of foreign currency payments.
- Members must pay according to the policies and methods determined by the open market operators or payment service providers.
- Prices for paid content generally include VAT based on legal provisions unless otherwise specified.
Article 22: Withdrawal of Purchase, etc.
- Members who have entered into a contract for paid services with the company can withdraw from the purchase within 7 days from the purchase contract date or the date the paid game service becomes available, without any fees or penalties.
- Members cannot withdraw from the purchase under the following circumstances:
- If the goods are destroyed or damaged due to reasons attributable to the member.
- If the goods are partially used or consumed by the member.
- Paid content that is used or applied immediately upon purchase.
- Content with additional benefits, where some benefits are used, or part of bundled content is used.
- Content deemed used by the act of opening, or the utility is determined upon opening.
- If the provision of content has commenced, except for divisible content contracts where the provision has not commenced.
- The company must clearly inform members of the circumstances under which withdrawal is not possible, in a manner easily understandable on the paid item purchase page within the game, so that members are not hindered from exercising their withdrawal rights. If the company does not take such measures, members can withdraw despite the restrictions in paragraph 2.
- Despite paragraphs 1 to 3, members can withdraw from the purchase within 7 days from the purchase date or the date the paid service becomes available, or within 30 days from the date they became aware of or could have become aware of the discrepancy if the paid service content differs from advertisements or contracts or is not fulfilled as agreed.
- Members must withdraw from the purchase through the in-game customer center, and the customer center may request relevant documents (e.g., cancellation receipts, proof of payment processing).
- In the case of mobile games, when members withdraw from the purchase, the company verifies the purchase history through the platform operators or open market operators. The company may contact members for additional verification and request further evidence.
- If a minor member enters into a contract for paid game services that require payment, the company notifies that the contract can be canceled without the guardian’s consent. If the minor enters into the contract without the guardian’s consent, the minor or guardian can cancel the contract. However, if the minor has contracted within the permitted scope of disposal by the guardian or has deceived to appear as an adult or to have the guardian’s consent, the contract cannot be canceled.
- The determination of whether the contracting party is a minor is based on the device used for payment, information of the person making the payment, and the name of the payment method. The company may request documents to prove the minor status and the guardianship.
Article 23: Termination of Contract
- Members can terminate the contract by withdrawing their membership if they no longer wish to use the service. To minimize damage from account theft, the withdrawal process is completed 15 days after the request, and once completed, all content information held by the member is deleted and cannot be recovered.
- If there are serious reasons for not maintaining the contract, such as violations of these terms, operational policies, or service policies, the company may suspend the service or terminate the contract by notifying the member in advance and specifying a period. In urgent cases, the contract may be terminated immediately without prior notice.
- In case of contract termination or suspension according to the previous paragraphs, members cannot use the downloaded content, and refunds or compensation for content purchase payments, monthly service fees, etc., cannot be claimed.
Article 24: Refund of Overpayment
- If an overpayment occurs, the company refunds the overpaid amount to the member. However, if the overpayment is due to the member’s fault without the company’s intent or negligence, the member bears the actual cost of the refund within a reasonable range.
- Payments through applications follow the payment methods provided by open market operators, and in the case of overpayments, requests for refunds should be made to the company or open market operators.
- Communication fees (call charges, data charges, etc.) incurred from downloading applications or using network services may be excluded from refunds.
- Refunds are processed according to the refund policies of each open market operator or the company, depending on the operating system of the mobile device used.
- The company may contact members through the information provided for processing the refund and request the necessary information. Refunds are made within 3 business days from the receipt of the required information.
Article 25: Compensation for Damages
- If a member violates these terms and causes damage to the company, the member is liable for all damages incurred by the company.
- If the company faces claims for damages or legal actions from third parties due to the member’s illegal activities or violations of these terms while using the service, the member must indemnify the company at their own expense and responsibility. If the company is not indemnified, the member is liable for all damages incurred by the company.
- The company is not responsible for any damages incurred by members except for significant negligence by the company (such as server failure resulting in loss of member data).
- If the company enters into an individual service agreement with a third-party service provider, and members agree to the individual service provider’s terms, the company is not liable for any damages incurred by members due to the service provider’s intent or negligence.
Article 26: Company’s Exemption from Liability
- The company is not liable for any damages incurred by members due to service interruptions caused by force majeure events, such as natural disasters.
- The company is not liable for service interruptions or usage restrictions resulting from the member’s negligence.
- The company is not liable for damages incurred by members due to network service interruptions or failures by telecom operators.
- The company is not liable for damages incurred by members due to service interruptions or failures resulting from maintenance, replacement, regular inspections, construction, or unavoidable reasons that have been announced in advance.
- The company is not liable for any loss of expected profits or benefits incurred by members while using the service.
- The company is not liable for issues caused by the member’s device environment or network environment beyond the company’s control.
- The company is not liable for the reliability, accuracy, or content of information, facts, or materials posted or transmitted by members within the service or on the website.
- The company is not obligated to intervene in disputes between members or between members and third parties arising from the service and is not liable for any resulting damages.
- The company is not liable for damages caused by member device errors or inaccuracies or omissions in personal information or email addresses.
- The company is not liable for losses of game assets (experience points, ranks, items, game money, etc.) under normal circumstances.
- The company may terminate the service with 30 days’ notice due to game planning, operational needs, or urgent company situations, and members cannot claim service provision or compensation for service termination.
- The company is not liable for damages incurred by guest members while using the service.
- The company is not liable for the deletion of content or account information by members.
- The company is not liable for unauthorized payments due to poor management of device passwords or open market password settings.
- The company is not liable for usage restrictions or losses incurred due to device changes, phone number changes, operating system upgrades, overseas roaming, or telecom provider changes.