Terms and Conditions

Updated on: July 31, 2024

Effective Date: July 31, 2024

These Terms of Service (the "Agreement") establish the legal framework for the relationship between you and Everwave Inc., a corporation registered in the Republic of Korea (business ID 437-81-03246), with its principal office located at Sampyeong-dong, Bundang-gu, Gyeonggi-do, Republic of Korea ("Everwave", "Us", or "We"). This Agreement governs your access to and use of Everwave’s games, websites, customer support, online communities, and other related services (collectively, the "Service"). By using the Service, you also agree to the Everwave Privacy Policy, and any other policies referenced here, all of which are incorporated into this Agreement by reference.

Before accessing or using the Service, including browsing any Everwave website or playing a game, you are required to accept these Terms of Service and the Privacy Policy. Registration of an account on the Service ("Account") may also be necessary. By creating an Account or using the Service in any capacity, you affirm that you are at least 13 years of age. Individuals between the ages of 13 and 17 must have their legal guardians review and consent to these Terms on their behalf.

Accessing the Service through a Social Networking Site (SNS), such as Facebook, Instagram, or any other platform, obligates you to adhere not only to these Terms of Service but also to the terms of service/use of the respective SNS platform.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT INSTALL, USE, OR ACCESS THE SERVICE IN ANY MANNER. PLEASE NOTE THAT USE OF THE SERVICE IS VOID WHERE PROHIBITED BY LAW.

Everwave reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service, the Privacy Policy, and other relevant Everwave policies at any time. These amendments will be posted on the Everwave Service. By continuing to use the Service after such changes are posted, you accept and agree to the amendments. If you disagree with any part of the current version of our Terms of Service, the Everwave Privacy Policy, or any other policies, rules, or codes of conduct related to your use of the Service, you must immediately terminate your use of the Service and stop accessing it. Your continued use of the Service under the updated terms will signify your agreement to those changes.

1. License

1.1. Grant of a Limited License to Use the Service

Everwave hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service solely for your personal, non-commercial entertainment purposes, subject to your full compliance with these Terms of Service and adherence to any other relevant Everwave policies. This license is granted for the express purpose of enabling you to enjoy the benefits of the Service as provided by Everwave, in the manner permitted by these Terms.

You agree not to use the Service for any purposes other than those explicitly authorized by this license. Specifically, the following restrictions apply to your use of the Service:

 Commercial Use: You shall not use the Service for any commercial purposes unless expressly authorized by Everwave in writing.

 Modification or Distribution: You are not permitted to modify, distribute, or create derivative works based on the Service without prior written consent from Everwave.

 Reverse Engineering: Unless permitted by applicable law, you shall not reverse engineer, decompile, or disassemble any part of the Service.

 Competitive Use: You shall not use the Service to create a product or service that is competitive with any Everwave offerings.

 Compliance with Laws: You must use the Service in full compliance with all applicable laws, rules, and regulations.

Everwave reserves the right to revoke this license at any time, in its sole discretion, and with or without notice, particularly in cases where Everwave believes you have violated any of these Terms of Service or engaged in any activities that may harm Everwave or its services.

You are prohibited from creating an Account or accessing the Service if you are under the age of 13. It is your responsibility to prevent use by minors, especially ensuring that children under the age of 13 do not access the Service. You assume full responsibility for any unauthorized use of the Service by minors, including any transactions or alterations made to your Account by minors using your credit card or other payment methods (for example, PayPal).

Furthermore, you must adhere to the following conditions regarding your Account and use of the Service:

 Account Transactions: You are not permitted to buy, sell, rent, or give away your Account. Creating an Account using false information, or on behalf of someone other than yourself, is strictly prohibited.

 Previous Bans: If Everwave has removed you or banned you from any of its games in the past, you are not allowed to use the Service.

 Non-Commercial Use: Your Account is to be used solely for personal, non-commercial purposes. The Service must not be used for any form of advertising or solicitation, including but not limited to commercial advertisements, chain letters, junk mail, spam, or any messages that are repetitive or misleading.

By agreeing to these Terms of Service, you acknowledge that violating these conditions may result in restrictions on your access to the Service, including potential suspension or termination of your Account.

When using Everwave’s services, an Account is automatically created as a Guest Account upon first launch, allowing immediate access to the game. Users are not required to create a username and password. Alternatively, users can link their Account via supported SNS login methods, enabling the preservation of game data across devices.

 Account Sharing Restrictions: Account sharing is strictly prohibited. Guest Accounts are tied to the specific device, and SNS Account sharing must comply with the respective SNS provider's terms of service.

 Security and Confidentiality: Users are responsible for maintaining the security and confidentiality of their Account information. You must promptly inform Everwave if you suspect any security breach, including unauthorized access to your Account.

 Liability: Users bear full responsibility for any activities conducted through their Account, including any unauthorized purchases.

 Guest Account Limitations: Data associated with a Guest Account is stored on the specific device and may be lost if the application is deleted or the device is reset. Guest Account data is not stored on the server and cannot be recovered once lost. It is recommended to link your Guest Account to an SNS login to secure your data.

 Handling of Paid Content for Guest Accounts: Paid content purchased under a Guest Account is tied to the device on which the purchase was made. In the event of data loss or device change, the purchased content may not be recoverable. Everwave does not hold responsibility for such losses.

 Data Transfer and Synchronization: Linking a Guest Account to an SNS login securely transfers all game data to the SNS-linked Account, allowing access from multiple supported devices with data synchronization.

Everwave reserves the right to modify or reclaim usernames or Account identifiers at its discretion, particularly if a username infringes on a third party’s rights.

Note: The Service allows only one Account per game per supported device. For issues or assistance, please contact Everwave’s customer support.

License Limitations

Your use of the Service is subject to the following restrictions. Any violation of these limitations may lead to the immediate revocation of your license and potential legal liability:

 Improper Use: Do not engage in any behavior that Everwave deems contrary to the Service’s spirit or intent, nor misuse Everwave's support services.

 Unauthorized Software: The use of cheats, exploits, bots, hacks, mods, or any third-party software that alters or interferes with the Service or any Everwave game is prohibited.

 Modification of Service Files: Modifying any part of the Service or Everwave games without express written consent from Everwave is forbidden.

 Disruption of Service: Acts that disrupt the normal flow of the Service, negatively affect other users’ experiences, manipulate rankings, or exploit errors for an unfair advantage are strictly prohibited.

 Server Overload: Do not disrupt or overburden any computer or server used by the Service, or assist in such activities.

 Cyber Attacks: Initiating or participating in any attack, including distributing viruses or engaging in denial of service attacks against the Service, is not allowed.

 Unauthorized Access: Gaining or attempting to gain unauthorized access to the Service, other Accounts, or networks connected to the Service is forbidden.

 Inappropriate Content: Posting or linking to content that is abusive, threatening, obscene, defamatory, or objectionable on the basis of race, sex, religion, etc., is not permitted.

 Harassment: Do not harass, abuse, or harm another person or group, including Everwave employees and customer service representatives.

 Intellectual Property Violations: Sharing material that infringes on any copyright, trademark, patent, or other intellectual property rights is prohibited.

 Reverse Engineering: Attempting to derive the source code for the Service or any Everwave game, or obtaining information from the Service not expressly allowed by Everwave, is forbidden.

 Solicitation of Information: Soliciting login or personal information from other users is not allowed.

 Privacy Violations: Posting anyone's private or financial information without their consent is prohibited.

Everwave reserves the right to determine what constitutes a violation of these terms and to take appropriate action, including terminating your Account and banning you from the Service.

1.2. Suspension and Termination of Account and Service

Everwave reserves the right to take necessary actions to protect the integrity and security of the Service and its users. Actions we may take include, but are not limited to:

 Limiting, Suspending, or Terminating Access: If you fail to comply with these Terms of Service, or if we suspect illegal or improper use of the Service, we may limit, suspend, terminate, or modify your account or access to the Service, possibly without notice. As a result, you may lose your username, persona, and any associated benefits, privileges, earned items, and purchased items. Everwave is not obliged to provide compensation for such losses.

 Other Remedies: To safeguard our community, we reserve further rights to take any of the following actions in our sole discretion:

 Prohibit access to our games, websites, content, services, and tools;

 Delay or remove content hosted on our platforms;

 Implement technical and legal measures to prevent access by users who pose a legal risk, infringe on intellectual property rights of others, or violate the letter or spirit of our terms or policies.

 Dealing with Intellectual Property Infringements: Accounts of users who are repeat infringers of third-party intellectual property rights may be suspended or terminated at our discretion, following appropriate circumstances.

These measures are crucial for maintaining a fair, safe, and enjoyable environment for all our users. By using the Service, you acknowledge and agree to these potential actions.

Account Termination and Service Discontinuation

 Inactive Accounts: Everwave may terminate accounts inactive for 180 days. Regular engagement with the service is recommended to avoid account termination.

 Discontinuation of Service: Everwave reserves the right to cease offering and supporting the Service or any part thereof. This may lead to the termination of your license to use the affected Service without refunds or compensation.

2. Ownership

2.1 Games and Service

Everwave holds the exclusive ownership rights and intellectual property rights to all components and functionalities of the games and services it develops. This encompasses, but is not limited to:

 Game titles and computer code developed by or exclusively licensed to Everwave.

 Original creative elements including themes, objects, characters, names, stories, dialogues, catchphrases, and concepts created by Everwave.

 Artwork, animations, and visual and auditory effects produced by Everwave.

 Musical compositions and all sound elements composed by Everwave.

 Methodologies of operation, including related moral rights.

Additionally, the development of our games may incorporate assets provided by Unity Technologies and other third parties. The use of such assets is governed by the intellectual property rights policies of their respective providers. Everwave does not claim exclusive ownership of these third-party assets. We adhere to all licensing terms for the use of these assets and take responsibility for the integration of these assets into our game functionalities and content.

Everwave retains all rights, including all intellectual property and other proprietary rights related to our games and services, that are not explicitly granted here. These terms apply to all games developed by Everwave. Our commitment is to innovate and provide immersive gaming experiences while protecting our creative and technical investments.

This section is intended to clarify the scope of rights concerning the content of our games and services, ensuring compliance with third-party asset licenses and emphasizing our dedication to respecting and safeguarding all intellectual property rights involved.

2.2. Accounts

"In connection with accessing Everwave's games and services, users are required to use an account provided by third-party platforms (e.g., Google Play, Apple Game Center, etc.). It is crucial for users to understand and accept the following regarding account usage:

 Third-Party Platform Accounts: Users acknowledge that the account used to access our games and services is governed by the terms and conditions of the respective third-party platform provider. Users retain all forms of ownership, property interest, and rights to their third-party platform accounts.

 No Direct Registration: Everwave does not store or manage personal information through direct registration systems. Access to Everwave's games and services is exclusively through third-party platform accounts, which are subject to the privacy policies and terms of service of the respective platforms.

 Rights to Content and Services: Although access is facilitated through your third-party platform account, Everwave exclusively owns all rights, titles, and interests in the games and services accessed through such accounts. This includes any legal rights, titles, and interests in the content and services, both currently and in the future, which are solely for the benefit of Everwave.

By using a third-party platform account to access Everwave’s games and services, you agree to these terms, acknowledging that the account is managed under the policies of the third-party platform, but the content and services provided by Everwave, including all associated intellectual property rights, are owned and controlled by Everwave."

2.3 Virtual Items and Data Collection

Everwave either owns or holds the rights to all content and data that appear within our Service and games. This includes, but is not limited to:

 Virtual Goods: You acknowledge that you do not acquire any ownership or proprietary rights to any virtual goods or currency, regardless of whether they are obtained through gameplay or purchased directly from Everwave. All virtual goods and currencies remain the property of Everwave.

 Account Attributes and Data: Any attributes, data, or content associated with your account, or any content stored on the Service as a result of using third-party platform accounts for login, are under the ownership or rights umbrella of Everwave. We collect only the necessary data as permitted by the third-party platform and in accordance with our Privacy Policy to enhance your gaming experience.

By accessing and using Everwave’s services, you agree and understand that any virtual items, account attributes, or data associated with your account, whether earned or purchased within an Everwave game, do not confer any ownership rights to you. This includes any data collected through third-party platform accounts used for accessing our services. Everwave commits to protecting and respecting the privacy of your data in line with our Privacy Policy and applicable laws.

3. Fees and Purchase Terms

3.1 Purchases

Virtual Items and Merchandise:

In using Everwave’s Service, you may elect to use "real world" money to acquire a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual items within the service. This can include, but is not limited to:

 Virtual Currency: Such as coins, gems, or any other forms of in-game currency.

 Virtual In-Game Items: Along with virtual currency, these may be collectively referred to as "Virtual Items."

 Other Merchandise: Additional goods or services available for purchase through the Service.

Authorized Purchases:

Purchases of Virtual Items can only be made through Everwave or its authorized partners within the Service. It's important to note that when making purchases on platforms such as iOS or Android, transactions are processed through the platform’s own payment system in accordance with their respective policies and terms.

Non-Refundable Consumable Items:

Any consumable items or currencies purchased within the Service are not eligible for refunds. This includes, but is not limited to, items that are used immediately upon purchase or designed to be expended through gameplay. All purchases of such consumable items are final.

Everwave's Rights:

Everwave maintains the discretion to manage, regulate, modify, or eliminate Virtual Items and Merchandise at its sole discretion, with or without notice. In the event of such action, Everwave is under no obligation to provide a refund, benefit, or compensation to you or any third party.

Prohibition on Transfers:

The transfer of Virtual Items and Merchandise between users is strictly prohibited unless explicitly authorized by the Service. This prohibition includes selling, buying, gifting, or any other form of transfer to other persons or entities, including between users, to Everwave, or to any third party, unless specifically allowed within the Service.

Final Transactions:

All purchases and redemptions of Virtual Items made through the Service are deemed final and are non-refundable, except as required by law or as explicitly stated in the service terms.

Service Commencement:

The provision of services related to Virtual Items commences immediately upon Everwave confirming your purchase. This confirmation acts as acknowledgement that our service provision starts instantly, and as such, you acknowledge that you lose your right to cancel once the service commences, except where required by law.

4.2 Payment of Fees

Responsibility for Charges:

You are responsible for all fees and applicable taxes that arise from any purchases made through an Account registered to your name. This includes charges incurred by anyone else using your Account, with or without your permission.

Pricing Changes:

Everwave reserves the right to modify the pricing for goods and services offered through the Service at any time, without prior notice. We encourage you to stay informed about current pricing.

No Refund Policy:

You acknowledge and accept that Everwave is under no obligation to issue refunds for any reason. This policy applies to all transactions through the Service, including but not limited to purchases of Virtual Items.

In the event of an Account closure—regardless of whether it's done by your choice or as a result of Everwave's decision—you understand that you will not be entitled to any monetary or other compensation for unused Virtual Items or any other losses.

4. Updates to the Service

Evolving Service:

Everwave is committed to continuously enhancing and evolving its Service and games to provide the best possible experience. As part of this commitment, you recognize that the Service, including any Everwave games installed on your devices, will periodically require updates.

Acceptance of Updates:

You agree to promptly accept all updates to the Service and Everwave games. These updates are essential for maintaining compatibility, security, and the overall performance of the Service.

Notification of Updates:

Everwave reserves the right to deploy updates at any time, and may do so with or without direct notification to you. We endeavor to ensure that updates enhance your gaming experience and service usability.

Third-Party Software:

To ensure optimal functionality and compatibility with Everwave games, you may occasionally need to update third-party software components on your device or computer. Keeping this software up-to-date is crucial for accessing the Service and enjoying Everwave games without interruption.

5. Disclaimer of Warranties

Service Provision:

Everwave provides the Service to you "as is" and "as available," without any guarantees or warranties, whether expressed or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing or usage in trade.

No Guarantee of Uninterrupted Service:

 Everwave cannot guarantee that:

 The Service will always be accessible or operate according to your preferences regarding time or location.

 Your use of the Service will be uninterrupted, timely, secure, or free from errors.

 Any defects or errors in the Service will be corrected.

 The Service and games provided are devoid of viruses or other potentially harmful components.

Jurisdictional Variances:

It's important to note that some jurisdictions do not permit the exclusion of certain warranties. Therefore, the disclaimers set forth above may not fully apply to you. In such cases, any implied warranties will be limited in duration to the extent required by applicable law.

6. Limitation of Liability and Indemnification

Limitation of Liability

Everwave's liability to you is strictly limited under these Terms of Service. Everwave will not be liable for any indirect, incidental, consequential, special, punitive, or similar damages, including loss of revenues, profits, data, or business interruption. In jurisdictions where the law permits, Everwave's liability shall not exceed the total amount you have paid to Everwave within the six (6) months preceding the claim.

Indemnification:

You agree to indemnify and hold harmless Everwave from any claims or demands arising out of your use of the Service or violation of these Terms. This does not apply if the infringement is not due to your intentional or negligent actions.

7. Dispute Resolution and Governing Law

Initial Resolution Effort:

In the event of a dispute between you and Everwave, we strongly advocate for direct communication as the first step towards resolution. Please reach out to our customer support team at support@everwavegames.com with any issues or concerns you might have. We value your experience and are committed to addressing your concerns promptly and effectively.

Governing Law:

Should further dispute resolution efforts become necessary, you agree that any legal disputes or claims between you and Everwave will be governed by the laws of the Republic of Korea, regardless of any conflict of law principles that might apply otherwise. This ensures a clear legal framework for both parties, facilitating a fair and predictable resolution process.

8. Severability

Both you and Everwave acknowledge and agree that if any portion of these Terms of Service or the Everwave Privacy Policy is deemed illegal or unenforceable by a court of competent jurisdiction, then:

 Such provision will be considered invalid or unenforceable only within that specific jurisdiction and only to the extent of the court's finding.

 This invalidity or unenforceability will not affect the provision's validity or enforceability in any other context or jurisdiction.

 All remaining provisions of the Terms and the Privacy Policy will remain in effect, continuing to bind both parties.

This ensures that the rest of the Terms of Service and Privacy Policy remain operational and legally binding, preserving the agreement's overall intent and functionality.

9. General Provisions

9.1 Assignment:

Everwave reserves the right to transfer or delegate these Terms of Service and/or the Everwave Privacy Policy to anyone at any time. You cannot transfer your rights or obligations under these Terms or Privacy Policy without Everwave's explicit consent.

9.2 Supplemental Policies:

Additional policies may apply to specific services (e.g., forums, contests). Your use of these services is subject to both the specific policies and these general Terms of Service.

9.3 Entire Agreement:

This document, along with any additional policies and referenced documents (including the Privacy Policy), constitutes the full agreement between you and Everwave, superseding all prior agreements regarding the Service.

9.4 No Waiver:

Everwave's failure to enforce any part of these Terms does not waive the right to enforce it later. Waivers are only effective if provided in writing and signed by an authorized Everwave representative.

9.5 Notices:

Everwave may communicate with you through various means including the website, email, or other provided contact details. Your formal notices to Everwave must be sent to our legal department at the specified address.

9.6 Equitable Remedies:

The unique nature of the rights and obligations under these Terms means Everwave may seek specific legal remedies, such as injunctions, for breaches, beyond monetary damages.

9.7 Force Majeure:

Everwave is not liable for delays or failures in service resulting from events beyond our control, such as natural disasters, wars, or government actions.