Terms of Service

Effective Date: 10. 04. 2018

 

These Terms of Service apply to services provided to users by SundayToz ("Sunto", below). Therefore, users must be sure to pay close attention while reading and must periodically check for changes that may occur according to Article 1.3. Furthermore, Sunto may request consent to collect additional information while users are using the service, and this additional consent shall constitute part of these Terms and Conditions.

 

1. Using the Service
2. Account Management
3. Privacy Protection
4. Third-party Advertisements & Push Notifications
5. Content Purchases
6. In-App Purchases
7. Suspension & Termination
8. Disclaimers & Indemnifications
9. General Provisions
10. Definitions

 

1. Using the Service

1.1. Users may use the application after installing and running it and agreeing to these Terms and Conditions and the Privacy Policy. This also applies when the user provides personal information to the platform provider and/or social media provider to use the service.

1.2. If using the service via a guest account (ID), all records including records of service usage and unused content will be deleted if the device is changed or the application deleted. Users who wish to continue using the service without having their record of service deleted should use a play account or social medial account and single sign-on (SSO).

1.3. Users must use the service according to the Terms of Service and Privacy Policy/Service Policy (collectively referred to as "Service Policy" below). Furthermore, use of the service via methods other than those defined in the Service Policy is prohibited, and the service may only be used within the scope permitted by law. Should users fail to comply with the Service Policy or come under investigation due to suspicion of cheating, service provision may be temporarily restricted or stopped.

1.4. Sunto will publish these Terms and Conditions for user perusal on its website or notify users of them through its application. Users must periodically check these Terms and Conditions. Sunto may alter these Terms and Conditions should the service or relevant laws change. The updated Terms and Conditions shall take effect 30 days after the changes are announced. Should users not consent to the updated Terms and Conditions, their use of the service may be suspended. Should they continue using the service, they will be considered to have given consent to the updated Terms and Conditions.

 

2. Account Management

2.1. Sunto conducts user management, including whether or not they can use the service, via guest accounts, play accounts, and social media accounts ("user accounts", below)

2.2. Users bear sole responsibility to care for and manage their own user accounts, and are fully responsible for careless management of their own user accounts as well as damage due to their use by a third party.

2.3. Users may use the service with their own guest account, play account, or social media account or through a single sign-on with an account other than a guest account.

 

3. Privacy Protection

3.1. Sunto shall make efforts to protect the personal information of users, including user accounts, and the protection of personal information shall be in accordance with Sunto's Privacy Policy.

3.2. Sunto may request additional information from users other than user data received through the platform provider or/and social media provider and shall not use this collected or received personal information for any purpose other than specified in the Privacy Policy. Please read the Privacy Policy for more information.

3.3. Sunto does not collect any personal information on minors under 13 years of age (16 years of age in EU member nations).

 

4. Third-party Advertisements & Push Notifications

4.1. Sunto may publish advertisements on the service. Users consent to exposure to advertisements while using the service and shall not bear any responsibility for loss or damage incurred due to advertisement access/participation/trade, etc.

4.2. Sunto may use email or push notifications to send advertisements, service updates, event details, etc. to users. Users may use the feature in the application for declining to receive push notifications at any time.

 

5. Content Purchases

5.1. Users may purchase content according to the payment policy of the app store provider, and payment sums may differ due to national policies (not limited to taxation policy). Furthermore, the content purchase price may be higher depending on the method and policy set by the app store provider and payment gateway linked to the app store provider, and the payment method also depends on this provider's payment policies.

5.2. Content purchased by users may only be used on the device on which the application is downloaded and installed.

5.3. The usage time for content purchased by users shall be 1 year from the date of purchase, and all right to use this content is lost after that period has elapsed. However, the stipulated usage period for content depends on the usage period set at the time of purchase.

5.4. The user may only use content through a user account and may not transfer, loan, sell, or exchange it with a third party.

 

6. In-App Purchases

6.1. In-app payment to purchase content is included in the application, and payment methods depend on the app store provider.

6.2. Users must use the password feature to prevent unwanted third-party in-app purchases, and Sunto shall not bear any responsibility for failure to use this in-app purchase protection or for in-app purchases occurring due to exposure of the password as a result of inattention on the part of users.

6.3. Users may cancel purchases within the cooling-off period of 7 days from the date of content purchase, and refund of purchased content shall depend on the refund policy and procedure of the app store provider used by the user. Please consult your app store provider's terms of service for its refund policy and application procedure. 

6.4. Unused in-app purchases, content obtained while using the service, content obtained through events, etc. (not limited below), and all content not acquired through in-app purchases shall not be refunded.

 

7. Suspension & Termination

7.1. Sunto maintains full rights to the service, including service operation and termination, and may modify, supplement, or terminate all or part of the service if operationally or technically necessary to improve the service, patch bugs, etc.

7.2. Sunto will provide the service to users as long as there are no particular business or technical impediments. However, the service may be temporarily suspended for a set period of time if necessary for regular system maintenance, server expansion or replacement, bug fixes, or changes in the service. In such cases, Sunto shall disclose this information and the period to users in advance, or shall notify users post facto if prior notification is impossible for unavoidable reasons.

 

8. Disclaimers & Indemnifications

8.1. Disclaimer of Warranties

THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SUNTO NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SUNTO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "SUNTO PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8.2. Disclaimers of Liability

THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURIES WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE DUE TO ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY AND BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), AND THAT SUNTO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

THE USER FURTHER ACKNOWLEDGES AND AGREES THAT SUNTO PARTIES ARE NOT LIABLE, AND THE USER AGREES NOT TO SEEK TO HOLD SUNTO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL SUNTO PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SUNTO IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

8.3. Indemnification

The user agrees to indemnify and hold harmless Sunto Parties from any claims, losses, damages, or liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Sunto Service, (b) any violation by you of the Sunto Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.

Sunto may assume the defense of any matter for which you are required to indemnify Sunto by sending notice of such an intention to you. The user shall use its best efforts to cooperate with Sunto's defense of these claims.

 

9. General Provisions

9.1. Governing Law

The user agrees that this Agreement shall be deemed to have been made and executed in the laws of the Republic of Korea and any Dispute arising hereunder shall be resolved in accordance the laws of the Republic of Korea.

9.2. Dispute Resolution

If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer such a dispute to the Korean Commercial Arbitration Board in Seoul in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the Korean Arbitration Association to select the arbitrator.

9.3. Waiver

The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

9.4. Force Majeure

Neither party shall be responsible or have any liability for any delay or failure to perform to the extent required due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network "brownouts" or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

 

10. Definitions

10.1. Guest account: an account that enables temporary use of the service by downloading the application from an app store operated by a platform provider or social media provider.

10.2. Play account: an account with a platform provider used to register for that platform provider's services.

10.3. Social media account: an account used by the user on a social media service such as Facebook or Google+, etc.

10.4. Single sign-on (SSO): a guest account connected to a play account or social media account.

10.5. Service: the game service provided by Sunto.

10.6. Application (app): the entire program enabling use of the service provided by Sunto.

10.7. App store provider: a mobile open market provider (Apple, Google, etc.) enabling download of the application provided by Sunto and in-app purchases.

10.8. Platform provider: the provider offering the service in partnership with Sunto and all relevant services.

10.9. Content: items, etc. that can be used on the service.

10.10. In-app purchase: the purchase of content in the application.