Terms of Services

1. GENERAL

This document, referred to as the End User Software License Agreement ("License Agreement" or "Agreement"), represents a legally binding contract between you (either as an individual or a collective entity) and AppGem, along with its suppliers and licensors (together known as the "Provider"), regarding your use of the Application, including any updates or upgrades that replace or supplement the original application unless they come with their own license. By installing or using the Application, you confirm that you have read, understood, and agreed to comply with the terms of this License Agreement and the AppGem Privacy Policy. If you do not accept the terms outlined in this License Agreement, you should not install the Application. By using the Application, you acknowledge that you have read and understood this Agreement and consent to be bound by its terms and conditions. Additionally, the way the Provider handles any personal information and usage data you provide is controlled by the AppGem Privacy Policy.

2.  THIRD PARTY ADVERTISEMENTS

AppGem might include links in its Service to websites operated by third parties or vendors. These external parties may offer you a chance to engage in promotional activities in exchange for optional Service components or upgrades, like in-game currency. Any costs or commitments you agree to with these third parties are your responsibility. AppGem does not endorse or provide warranties for any content, goods, or services offered by third parties, even those linked from its Service, and won't be held accountable for any issues arising from third-party content, goods, or services. These third-party sites, which are not controlled by AppGem, might gather your data or ask for personal information. AppGem is not responsible for the content, business practices, or privacy policies of these external sites, nor for how they manage, use, or disclose the information they may collect. Additionally, the presence of any external link on AppGem’s Service does not mean AppGem endorses these sites.

3.  YOUR ACCOUNT

To use some features of the Service, registration may be necessary either by creating an account ("Account") or signing in via a third-party platform like Google ("Third Party Tool"). If creating an Account, you'll need to provide certain details and choose a password, or permit us to access your account info through a Third Party Tool ("Login Information"). It's crucial to keep your Login Information secure and not share it, as you're responsible for all activities under your Login Information, including purchases, authorized or not. Should you suspect any security breach, such as loss, theft, or unauthorized disclosure of your Login Information, or unauthorized access to your Account, or if you find security vulnerabilities related to the Service, you must immediately inform us at [email protected] and change your Login Information. If your Account is created using a Third Party Tool, some of your data, which you provide or which is obtained through the Third Party Tool (according to its terms), like your username and photo, may be displayed on your profile and available to other users.

You must ensure the information you provide while creating an Account is accurate and updated promptly with any changes. Misrepresenting your identity or age to create an Account for someone other than yourself is not allowed.

It's your responsibility to monitor your Account and limit its use to eligible users only. You're fully responsible for all usage of the Service under your Login Information, including transactions made.

We reserve the right to remove or reclaim usernames at any time for any reason, including if a third party claims a username infringes their rights or violates these Terms. We also retain the right to act upon your Account as needed to investigate or resolve technical or other issues related to the Service.

4.  INTELLECTUAL PROPERTY

The ownership, rights, and intellectual property of the Application and its Documentation will always belong to the Provider and/or its suppliers. This Application is safeguarded by copyright, trademark, patent laws, and other intellectual property legislations of the Republic of Korea and international treaties. While you may acquire virtual currencies like cash, tokens, or points, or virtual in-game items ("Virtual Items") for use within the Service, you will not own any of the Virtual Items. These Virtual Items, being part of your Account, do not grant you any ownership or property rights.

AppGem reserves the right, without any obligation, to delete, modify, or move any content within the Service, including Virtual Items, at any time for any reason, without notice or liability to you. AppGem is not responsible for refunding Virtual Currency lost due to internet connectivity issues or inability to access the internet.

Furthermore, AppGem strictly prohibits any outside-of-service transfers, sales, gifts, or trades of Virtual Items, unless expressly authorized by AppGem in writing. You are also prohibited from selling, trading, or attempting to sell in-game Virtual Items for real money, or exchanging Virtual Items for real-world value without AppGem's written consent. Any unauthorized transfer or attempt thereof is void and may lead to termination of your Account.

5.  WARRANTIES AND LIABILITIES

For the Pay and Premium versions of the Software, the following terms apply;

WARRANTY

Although the Provider shall use reasonable methods to continuously provide the service to you, the Provider does not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.

a. No Other Warranties:
The Provider and its suppliers, to the fullest extent allowed by law, offer no warranties beyond those explicitly stated. This means they do not guarantee the software, any written materials that come with it, or any hardware that might accompany it for any specific qualities or suitability for particular uses, other than those warranties directly provided. If you alter the software during its warranty period, misuse or abuse it, or breach the terms of this License Agreement, the warranty will immediately end. Additionally, the warranty does not cover the software's use with hardware or software that is not the specific, unaltered hardware and software the software was intended to be used with, as detailed in the Documentation. While this limited warranty offers you certain legal protections, you might also have other rights that differ depending on your state or jurisdiction.
b. Customer Remedies:
If there's a breach of warranty, the Provider has a few options at their discretion to address it: (i) they might replace the defective media for you; (ii) provide guidance on how to get the Software to perform as promised in the Documentation through alternative means; or (iii) if neither of those solutions is feasible, refund any license fees you've paid for the Software. Any software or documentation that's repaired, corrected, or replaced under this warranty will continue to be covered for the remainder of the original warranty period, or for thirty (30) days after the date the Provider sends you the fixed or replacement Software, or guides you on how to achieve the intended functionality, whichever lasts longer. However, you must report the issue within the warranty period and show when you acquired the Software for the Provider to fulfill this warranty obligation.

LIMITATION OF LIABILITY

Under no circumstances, to the greatest extent the law allows, will we or our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, and suppliers, be held liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Service. This includes, but is not limited to, lost profits, business interruptions, loss of revenue, goodwill, data, or other intangible losses, regardless of whether we were advised of the possibility of such damages and irrespective of the legal theory of liability, be it contract, tort, or otherwise.

Moreover, our liability to you will not exceed the amount you've paid to us in the 30 days before you first bring any claim. If you haven't paid anything to us during that period, your only recourse is to discontinue using the Service and cancel your account.

These limitations of liability and warranty disclaimers are fundamental elements of the agreement between us. They were considered and factored into your decision to agree to these terms.

It's important to note that if you're using the Service from a location where these limitations are not legally allowed, they will not apply to you to that extent.

6.  SERVICE USE RESTRICTION

You're not allowed to do the following with the Service:

  1. Create or access an account if you're not eligible.
  2. Use the Service illegally or promote illegal activities.
  3. Fail to pay any due amounts.
  4. Violate users' privacy or collect their information without consent.
  5. Disrupt the Service or its underlying networks.
  6. Send spam or commercial ads.
  7. Infringe on AppGem's or any party's rights.
  8. Misrepresent yourself or create multiple accounts.
  9. Use bots or cheat software.
  10. Engage in fraudulent activities concerning payment methods.
  11. Use the Service through unauthorized platforms.
  12. Handle Virtual Items against the Terms, including unauthorized selling or transferring.
  13. Transfer your account without AppGem's written permission.
  14. Hack into the Service or disrupt others' use of the Service.
  15. Act against the Service's spirit or intent, or manipulate its mechanics.
  16. Modify the Service's software without permission.
  17. Attack the Service with malware or DDoS attacks.
  18. Attempt unauthorized access to the Service or its servers.
  19. Use third-party software to collect data from the Service.
  20. Observe or tamper with the Service's communications protocols.
  21. Copy or adapt the Service's software.
  22. Maintain unauthorized connections to the Service.
  23. Reverse engineer or derive source code from the Service.
  24. Misuse the Service's content or create unauthorized derivatives.
  25. Exploit the Service commercially.
  26. Frame or mirror the Service without permission.
  27. Create a database from the Service's content.
  28. Misuse support channels or communicate abusively with support staff.
  29. Perform in-game services for external payment.
  30. Infringe these Terms or terms of third-party platforms accessing the Service.

7.  TERMINATION

If you don't follow any of the terms of this License Agreement, it will end automatically, and the Provider doesn't need to notify you for the termination to take effect. You can also end this agreement whenever you want by letting the Provider know in writing. Once the agreement is terminated, you must stop using the Application immediately and either return all copies of the Application, documentation, and related materials to the Provider or confirm their destruction within three days. Even after the agreement ends, you're still responsible for paying any charges or fees that have built up.

8.  NO ASSIGNMENT

This Agreement is specifically tailored to you and cannot be transferred to someone else without the express written permission from the Provider. If you are a business that merges or is acquired by another company during the duration of this Agreement, you must inform the Provider in writing as soon as any public announcement is made regarding the merger or acquisition. Should the Provider decide not to allow the Agreement to be assigned to the new or acquiring company, they have the right to end the Agreement with a thirty (30) days’ written notice. Until the termination becomes official, both parties are expected to continue fulfilling their obligations under the Agreement.

9.  CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

Last updated: March 26th, 2024