Terms of Service
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:
l Commercial Use: You shall not use the Service for any commercial
purposes unless expressly authorized by Everwave in writing.
l Modification or Distribution: You are not permitted to modify,
distribute, or create derivative works based on the Service without prior
written consent from Everwave.
l Reverse Engineering: Unless permitted by applicable law, you shall
not reverse engineer, decompile, or disassemble any part of the Service.
l Competitive Use: You shall not use the Service to create a product
or service that is competitive with any Everwave offerings.
l 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:
l 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.
l 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.
l 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.
Login Information and 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.
l 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.
l 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.
l Liability: Users bear full responsibility for any activities
conducted through their Account, including any unauthorized purchases.
l 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.
l 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.
l 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:
l 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.
l 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.
l Modification of Service Files: Modifying any part of the Service or
Everwave games without express written consent from Everwave is forbidden.
l 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.
l Server Overload: Do not disrupt or overburden any computer or server
used by the Service, or assist in such activities.
l Cyber Attacks: Initiating or participating in any attack, including
distributing viruses or engaging in denial of service attacks against the
Service, is not allowed.
l Unauthorized Access: Gaining or attempting to gain unauthorized
access to the Service, other Accounts, or networks connected to the Service is
forbidden.
l 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.
l Harassment: Do not harass, abuse, or harm another person or group,
including Everwave employees and customer service representatives.
l Intellectual Property Violations: Sharing material that infringes on
any copyright, trademark, patent, or other intellectual property rights is
prohibited.
l 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.
l Solicitation of Information: Soliciting login or personal
information from other users is not allowed.
l 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:
l 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.
l Other Remedies: To safeguard our community, we reserve further
rights to take any of the following actions in our sole discretion:
n Prohibit access to our games, websites, content, services, and
tools;
n Delay or remove content hosted on our platforms;
n 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.
l 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
l Inactive Accounts: Everwave may terminate accounts inactive for 180
days. Regular engagement with the service is recommended to avoid account
termination.
l 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:
l Game titles and computer code developed by or exclusively licensed
to Everwave.
l Original creative elements including themes, objects, characters,
names, stories, dialogues, catchphrases, and concepts created by Everwave.
l Artwork, animations, and visual and auditory effects produced by
Everwave.
l Musical compositions and all sound elements composed by Everwave.
l 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:
l 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.
l 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.
l 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:
l 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.
l 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:
l Virtual Currency: Such as coins, gems, or any other forms of in-game
currency.
l Virtual In-Game Items: Along with virtual currency, these may be
collectively referred to as "Virtual Items."
l 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.
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 dealin