서비스 이용약관 | hellobot

Hellobot TERMS OF SERVICE AND LICENSE AGREEMENT

Effective Date: Aug 11, 2023

These Terms of Service and License Agreement (“Terms” or “Agreement”) and our Privacy Policy (located at here) apply to and govern your use of Hellobot Service available on our (the Company’s) official website and the third-party platforms including but not limited to the Google Play Store and Apple App Store (the “third-party platforms”) (each, the “App”). The App comprises the Hellobot application (the “Hellobot App”); associated media, any software associated with the online mode of the application (subject to any additional terms of service applicable to such online mode), and any and all copies of such software (collectively, the “App”); and any written or printed materials, manuals, and any online or electronic documentation created for or in relation to the App, and any and all copies of such materials (collectively, the “Documentation”) published by Thingsflow Inc. (“Company,” “we”, “our,” or “us”). These Terms also apply to and govern your use of the services that support or are related to the App, official website, and other App-related services (collectively, the “Services”).

“User” or “you” means the person who uses the App, the Documentation or Services by: (i) installing, accessing or using the Hellobot App; (ii) installing, accessing, or using the App; or (iii) accessing or using the Documentation or Services.

BY CLICKING “ACCEPT”, YOU AGREE TO BE BOUND BY THE TERMS IN THIS AGREEMENT AND OUR PRIVACY POLICY LOCATED AT https://hellobot.co/jp/privacy.

DO NOT CLICK “ACCEPT” IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF THIS AGREEMENT OR OUR PRIVACY POLICY LOCATED AT https://hellobot.co/jp/privacy. PLEASE NOTE THE ARBITRATION AGREEMENT SET FORTH IN SECTION 11 AND THE CLASS ACTION WAIVER IN SECTION 14 BELOW, REQUIRES YOU TO, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATE ON AN INDIVIDUAL BASIS ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY OR THE APP’S LICENSORS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THE CLASS ACTION WAIVER MEANS THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. IN ORDER TO USE THE APP, THE DOCUMENTATION OR SERVICE ON SPECIFIC PLATFORMS OR DEVICES, YOU WILL ALSO BE REQUIRED TO ACCEPT AND COMPLY WITH ALL RULES OF EXTERNAL PLATFORMS OR DEVICES APPLICABLE TO THE APP, THE DOCUMENTATION OR SERVICE, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY PLATFORM’S TERMS OF SERVICE AND PRIVACY POLICY. TO THE EXTENT THAT THE PROVISIONS OF THESE TERMS CONFLICT WITH THE PROVISIONS OF THE TERMS OR POLICIES OF THIRD-PARTY PLATFORMS, THESE TERMS SHALL GOVERN.

Limited License
Amendments, Updates, and Patches
Prohibited Uses
Accessing the Services
Ownership
User-Created Content
Disclaimers
Limitation of Liability; Indemnification
Period and Termination
Transfer of Terms and Conditions
Grievance Handling and Dispute Resolution; Arbitration Agreement
Inadequacy of damages
Governing Law and Disputes
Class Action Waiver
Copyright Notice
Refund Policy
Heart Cash Operation Policy
In-app Nickname and Chat Policy
Other policies
Miscellaneous

1. Limited License

Subject to your agreement and compliance with these Terms, the Company and, as applicable, its licensors grant to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to download, install and use one (1) copy of the App on one (1) computer, console, mobile or similar device now known or hereafter devised (each, a “Device”) at any given time solely for your personal use (the “License”). Subject to Section 3(f) (consent to account transfer), the License shall be non-transferrable. All rights not specifically granted under this License are hereby reserved by the Company and, as applicable, by its licensors. The App is licensed to you, not sold. This License does not give you any title or ownership in the App and should not be construed as a sale or transfer of any intellectual property or other rights to the App. The License shall terminate automatically if you fail to comply with these Terms. In such event, you must uninstall all copies of the App. You may also terminate the License at any time by uninstalling the Hellobot App from your Devices (including any archival copies) or not using the Services.

2. Amendments, Updates, and Patches

a) These Terms can be found at any time on the App’s official Terms of Service and License Agreement page located at https://hellobot.co/jp/terms.

b) The Company may change or update these Terms in its sole discretion, and at any time, to the extent consistent with applicable laws and regulations.

c) Material changes to these Terms will be brought to your attention as Company may determine in its sole discretion. If any such future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you may terminate these Terms in accordance with Section 9 (Period and Termination) below and you will no longer be able to use, as applicable, the App, the Documentation or Services. You are otherwise responsible for checking this page regularly to make note of any changes. Your continued use of the App, the Documentation or Services after we have posted updated Terms means that you agree to the changes and updates to these Terms.

d) Company may provide updates, patches and other modifications to the App that must be installed for the User to continue to play the App properly or at all. Company may, as applicable, update, patch or modify the App remotely and access the Hellobot App residing on your machine for such purpose, and you hereby grant to Company the right to deploy and apply such patches, updates and modifications. All provisions of these Terms that refer to the App shall also include all such patches, updates and modifications.

e) Company may upgrade, change, discontinue, or terminate the App, the Documentation or Service, in full or in part, without further notice to you.

3. Prohibited Uses

Company provides the App, the Documentation and the Service to Users only for personal, non-commercial and entertainment purposes, as limited and described by these Terms. You agree not to engage in conduct that violates any of these Terms, unless such conduct is expressly authorized by us in writing. Violation of any portion of these Terms may lead to temporary or permanent suspension of your use of the App, any account that you create with us in relation to the App (Collectively, an “Account”), the Documentation and the Service, if applicable, or your access to the App, the Documentation or Services. Violation of any portion of these Terms may, in some instances, require an investigation by the Company (although Company is not obligated to do so or to monitor access to or use of the App, the Documentation or Services), in accordance with these Terms. You agree to only use the App, the Documentation and the Services, or any part of them, in a manner that is consistent with these Terms and you SHALL NOT, NOR ATTEMPT TO:

a) without written permission from Company, use, advertise or exploit in any manner the App, the Documentation or the Services (in each case in whole or in part) for non-personal, commercial purposes;

b) use the App, the Documentation or Services in connection with unauthorized software, applications, services, or Devices. Such use may be illegal, voids any warranty, and is a breach of these Terms;

c) without a separate, additional license from Company, use the App or permit the use of the App on more than one Device;

d) use the App, or permit use of the App, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise allowed through normal operation of the App (as it is intended to be played) or explicitly permitted by Company in writing;

e) make copies of the App, the Documentation or the Services (in each case in whole or in part);

f) sell, rent, lease, license, distribute, upload to any Internet server or other website, or otherwise transfer any portion or copies of the App, the Documentation or Services without the express prior written consent of Company which may involve the payment of a fee (for the Account and, separately, any digital assets); or attempt to access or search the App, the Documentation or Services or download content from the App, the Documentation or Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than software provided by Company or other generally available third-party web browsers.

g) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the App, the Documentation or Services (in each case in whole or in part) or infringe any patent, trademark, copyright or other proprietary rights, except as applicable law expressly permits, in which case any and all lawful modifications, adaptations, improvements, etc., and all copyrights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Company or, as applicable, its licensors on creation, in any event, and all moral rights (these include the right to be credited as the author of a work and the right to object to derogatory treatment of a work) therein shall be deemed waived (which means you will not be able to enforce your moral rights);

h) remove, disable, avoid, impair, descramble, or circumvent any security protections or any technical measures that control access to the App, the Documentation or Services, or attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;

i) upload, modify, share, display or publish any information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Device resource;

j) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the App, the Documentation or Services;

k) export or re-export the App or Services or any copy or adaptation of the App, the Documentation or the Service in violation of any applicable laws or regulations;

l) create data or executable programs that mimic the data or functionality in the App, the Documentation or Services;

m) steal or publish information belonging to others (including but not limited to personal information or personal data, non-personal information, or payment information) without requisite consent or a license;

n) impersonate any person, including Company, our affiliates, our licensors, our designated partners, our designated representatives, or our employees;

o) harm the reputation of Company, our affiliates, our service providers or licensors, or the reputation of the App, the Documentation or the Services;

p) post, link to, advertise, promote, or transmit anything relating to the App, the Documentation or the Services in any form or through any media that is illegal, invasive of privacy, harmful, threatening, abusive, blasphemous, harassing, tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, pedophilic, libelous, obscene, hateful, racially or ethnically offensive, or relating to or encouraging money laundering or gambling, or upload, modify, share, display or publish any information that is harmful to minors;

q) take advantage of the Company or others by exploiting, deceiving or misleading others in any way (as determined in our sole discretion);

r) use the App, the Documentation or Services (in each case in whole or in part) in a manner that is related to illegal activities or any action that negatively impacts the provision, delivery or support of the App, the Documentation or Services;

s) exploit errors and bugs found while playing the App, the Documentation or using the Services;

t) violate any applicable law, rule, or regulation in connection with your access or use of the App, the Documentation or Services;

u) access or use the App, the Documentation or Services for any purpose that is beyond the scope of the App’s, the Documentation’s or the Services’ intended use (in Company’s sole judgment), such as tampering with, or using non-public areas of the App, the Documentation or Services, the computer systems of Company or its providers, or the technical delivery systems of Company and its providers;

v) use, develop, advertise, trade, or distribute unauthorized programs, including but not limited to any programs that intercept communications in the App between a App and a App server or between a Service and its server, or any unauthorized third-party programs or Devices that may affect the App, normal App usage, or access to the Services.

w) disrespect or use offensive words, symbols, or other communication (determined by context and in Company’s sole discretion) towards others, including based on their race, gender, nationality or otherwise;

x) create nicknames that are offensive or provoke negative imagery;

y) use someone else’s Account (or any other platform account) to access the App, the Documentation or Services;

z) use IP proxying or other methods to disguise the location of your use or Device, whether to circumvent geographical restrictions on the use of the App, the Documentation or Services or for any other purpose or in a way that violates these Terms;

aa) use, display, mirror, or frame without our express written consent the App or Services or any individual element within the App, the Documentation or Services, the name or any trademark, logo or other proprietary information of Company, our affiliates, our service providers or licensors; or

ab) encourage or enable any other individual to do any of the foregoing.

Any action which is not defined in these Terms that negatively impacts the delivery of the App, the Documentation or Services, or that negatively affects other Users, may be subject to warning and penalty, including termination of the License granted to you herein.

Furthermore, you agree that you shall abide by any safety information, security instructions, required updates, or any other relevant notices contained on the App’s Official Site, in the App’s manual, or otherwise associated with the App, the Documentation or Services.

4. Accessing the Services

The accessibility of the App, the Documentation and Services may be subject to the Company shutting them down, in whole or in part, for any period the Company deems appropriate to enable the update or technical maintenance of the App, the Documentation or Services, or any other action that the Company determines in its sole discretion. The availability of the App, the Documentation and Services may also be subject to your geographic location. The Company may make amendments to the App, the Documentation and Services or restrict access (including cancellation, termination, modification or suspension of a User’s Account or License) by all or specific Users without notice and in its sole discretion.

5. Ownership

The License confers to you no title or ownership in the App, including any in-App items, the Documentation, or Services, and it should not be construed as a sale of any rights in the App, the Documentation or Services.

You agree and acknowledge that all rights, title, and interest, including intellectual property rights in and connected with the App, except for items which constitute User-Generated Content (as defined in Section 6), the Documentation and the Services and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the App, and any related documentation) (the “App IP”), are owned by Company or, as applicable, its licensors. We do not provide you with any interest in the App IP and you hereby agree that you do not, and will not, claim any ownership rights in the App IP. Except as expressly authorized by us in writing, you may not create works based on the App IP or modify, distribute, or transmit the App IP. If you do not abide by the requirements of this section, we shall own all right, title, and interest in any works incorporating the App IP which are created, adapted, distributed, or transmitted, or, in the alternative, have an unlimited and irrevocable license thereto.

6. User-Created Content

a) Company allows Users to create, post, transmit, and store content using the App or the Services (“User-Created Content”) in accordance with the Terms and other policies that cover specific details not covered in these Terms. The creator of User-Created Content retains all copyrights and other intellectual property rights, unless otherwise agreed. You hereby grant the Company a free, perpetual, worldwide, non-exclusive, irrevocable, transferable, sublicensable right to use the User-Created Content in connection with the Services and the promotion thereof, including modifying, adapting, using, reproducing, licensing, publishing, broadcasting, performing, selling, translating, creating derivative works from, and distributing any User-Created Content, for any purpose, commercial or otherwise, in any format existing now or in the future. You grant to Company the right to monetize your User-Created Content on the App (and such monetization may include displaying ads on or within the App or User-Generated Content or charging users a fee for access) without the entitlement of any payments. You also agree to waive any right to claim that the Company’s or Company’s sublicensee’s use of User-Created Content violates or infringes any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, or rights to any credits for the material or ideas set forth therein. You shall be solely responsible for your own User-Created Content and the consequences of posting, uploading, publishing, transmitting or otherwise making available your content on the App. You understand and acknowledge that you are responsible for any User-Created Content you submit or contribute, and we do not make any guarantee whatsoever related to User-Created Content. Please note that (a) unless otherwise set forth in a written agreement signed by a duly authorized representative of Company, your submission will not entitle you to any compensation or payment of any kind; (b) Company cannot guarantee that any information, documents, or materials submitted in connection with your User-Created Content submission will be kept confidential or that similar information has not already been developed, or will not be developed or obtained by Company or any of its affiliates in the future; and (c) we may retain server copies of User-Created Content that has been removed or deleted, but have no obligation to retain or provide you with copies of User-Created Content. User-Created Content does not include comments posted on User-Generated Content or elsewhere within the App.

The Company or, as applicable, its licensors have ownership rights and intellectual property rights to the App, the Documentation and Services.

- All User-Created Content must acknowledge and display the appropriate copyright and trademark notices. Using third-party intellectual property without a license or permission is not permitted.

- All User-Created Content must not contain (or link to) other sources or advertisements containing any hacks, exploits, virtual currency farming, illegal activities, content that would conflict with the App’s ratings, if applicable, or any other inappropriate content as determined by Company.

- The Company does not commit to any monitoring or supervision of User-Created Content. However, there may be situations in which the Company does need to monitor, screen, edit, block or remove any User-Created Content, in whole or in part, sent through or appearing in the App or through the Services (for example, if the Company considers the User-Created Content may be in breach of these Terms, may cause harm, or if otherwise required to by law).

By making User-Created Content, you agree to these Terms and Privacy Policy. Furthermore, you agree to indemnify Company from any legal claims or fees that arise in relation to your User-Created Content.

The App is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other relevant laws. All rights are reserved worldwide. The App may contain certain materials licensed by Company from others, and Company and, as applicable, its licensors may protect their rights in the event of any violation of these Terms.

b) You also hereby grant each other User of the App and Services a free, worldwide, non-exclusive right to access and use the User-Created Content in connection with the Services to the maximum extent permitted by these Terms and applicable laws or regulations. You understand that other Users may record, use, and distribute the User-Generated Content for any reason and without restrictions or compensation to you, and the App, Company, its affiliates and licensors shall have no liability to you.

c) The Company and, as applicable, its licensors have the ownership, licensing rights and all other rights to all content related to the App, except User-Created Content. You have the limited right to use in-App data or similar content in the App, solely in accordance with Terms. However, you do not own the copyrights and other rights in the in-App data you possess or to comments made on User-Generated Content. You are not allowed to transfer, sell, donate, or attempt to trade in virtual property outside of the App absent written approval from the Company.

7. Disclaimers

Save as set out in Section 8 (Limitation of Liability; Indemnification) below, the Company and, as applicable, its licensors are not responsible for:

any interruption of the App or Services, use of the App, the Documentation or Services, or termination of an Account or an applicable platform account due to any action or fault of the User or failure of the User’s Device (as applicable);
any action of a telecommunications provider to cease or fail to provide the telecommunication service;
any unavoidable reasons that cause the App or Services to fail, such as maintenance, replacement, regular inspection, construction, etc., save with respect to intentional or material negligence of the Company;
any problems caused by the User’s Device or problems related to the network environment;
the information, data, facts, reliability, accuracy, quality, etc., of any content posted or transmitted by the User or a third party in the App or Services or on the Official Site of the Company or App;
your interactions with other Users or third parties when using the App, the Documentation or Services (we may, at our sole discretion, attempt to mediate disputes between Users, but we are not obliged to become involved or become responsible in any way with such disputes.);
anything which is the responsibility of a third party (unless they are under the direction and control of the Company);
any loss involved when making selections or using the App, the Documentation or Services, particularly when Users fail to receive the results they expect of the App;
to the maximum extent permitted by applicable law, any loss of the User’s in-App assets (such as in-App items or downloadable content); or
circumstances in which the Company limits the Users’ use of App or Services in accordance with the relevant laws or government policies.

Save as set out in Section 8 (Limitation of Liability; Indemnification) below, Company and, as applicable, its licensors do not make any promises regarding your use of the App, the Documentation and Service. The App, the Documentation and Services are provided “as is” and “as available,” without warranty of any kind (including any implied warranty of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or any warranties arising out of course of dealing, course of performance, or usage of trade), to the maximum extent permitted by law. You acknowledge that use of the App, the Documentation and Services is at your sole risk. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the App, Company, its affiliates and subsidiaries, and, as applicable, its and their licensors with regard to such content. Company and, as applicable, its licensors do not make any promises that you will be able to enjoy continuous, error-free, secure or virus-free operation of the App, the Documentation, Services or your Account.

Please note that some jurisdictions do not allow the above warranty limitations, so these limitations depend on where you live and may not apply to you.

The App or Services may allow you to access third-party websites or services, and we provide access only as a convenience and are not responsible for any content, products, or services available through these websites or resources. You acknowledge sole responsibility for, and assume all risks arising from, your use of any such third-party websites or services.

8. Limitation of Liability; Indemnification

The Company, its affiliates and subsidiaries, and, as applicable, its and their licensors will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the App, the Documentation or Services, including where the damage or loss results from our breach of these Terms.

The App, the Documentation or Services may be changed or suspended temporarily and without notice for any reason, including where we decide to end the App, the Documentation or Service (in whole or in part), in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms, we and our affiliates and subsidiaries will not be liable to you or to any other person in the event that all or part of the App, the Documentation or Services are unavailable, discontinued, modified or changed in any way.

The Company, its affiliates and subsidiaries, and, as applicable, its and their licensors do not accept any responsibility for:

any damage or loss caused to you where you are not entering into these Terms as a User or consumer;
any failure, suspension or termination of access to the App, the Documentation or Services or any content in connection with or arising out of a force majeure event. In these Terms, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, pandemic, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; or
any claims brought against you by a third party except as stated in these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND, AS APPLICABLE, ITS AND THEIR LICENSORS, WILL NOT BE LIABLE IN ANY WAY FOR ANY: (i) LOSS OF PROFITS; (ii) LOST REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; OR (v) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE APP, THE DOCUMENTATION OR THE SERVICES, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE LIABILITY OF THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND, AS APPLICABLE, ITS AND THEIR LICENSORS, ARISING UNDER, RELATING OR IN CONNECTION WITH THESE TERMS OR THE APP, THE DOCUMENTATION OR SERVICES, INCLUDING ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES OR INJURIES, EXCEED FIFTY U.S. DOLLARS ($50). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW.

You agree that you will compensate (in legal terms this is often referred to as indemnifying) the Company, its partners, affiliates, subsidiaries, contractors, licensors, officers, directors, employees (the “Indemnified Parties”), and will defend, protect, indemnify and hold harmless the Indemnified Parties from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorneys’ fees) arising directly or indirectly out of or in conjunction with your acts or omissions including: (A) use, or misuse of the App, the Documentation or Services; and (B) your breach of any of the provisions of these Terms. Company reserves the right to assume exclusive defense and control over all matters subject to indemnification by you.

The App may contain links to third-party websites and online services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the App; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

9. Period and Termination

These Terms are effective unless and until terminated by either you or Company. Company or the User may terminate the License or the User’s access to the App, the Documentation or Services at any time, for any reason or no reason at all, without prior notice. Termination by Company will go into effect i) immediately upon the termination or deletion of your Account; or ii) upon notice from Company. This Agreement, and any license granted by Company to you, is terminated immediately when you delete the Hellobot App and/or stop using the Services. Except as required by applicable laws or permitted by our Refund Policy set forth in Section 16, Company will not issue a refund for purchase of any downloadable content or any other items lost due to such termination, whether voluntary or involuntary, and you also acknowledge that Company is not liable to provide a refund for any reason, even if you terminate the Terms. You are fully responsible for any problem that may occur due to inaccurate information you provided when registering an Account, and you also acknowledge that Company reserves the right to terminate your Account if the information you provided is inaccurate.

Sections 2 (Amendments, Updates, and Patches), 3 (Prohibited Uses), 5 (Ownership), 6 (User-Created Content), 7 (Disclaimers), 8 (Limitation of Liability; Indemnification), 9 (Period and Termination), 11 (Grievance Handling and Dispute Resolution; Arbitration Agreement), 12 (Inadequacy of Damages) 13 (Governing Law and Disputes), 14 (Class Action Waiver) 16 (Refund Policy) 19 (Other policies) and 20 (Miscellaneous) shall survive any termination of these Terms.

10. Transfer of Terms and Conditions

Transfer of the License to access and use the App can only occur as set out in these Terms.

11. Grievance Handling and Dispute Resolution; Arbitration Agreement

If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before taking any formal action, you agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within thirty (30) days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this Section. Please forward your dispute to: Thingsflow Inc., Attn. Legal Department, 51, Seongsui-ro 20-gil, Seongdong-gu, Seoul, Republic of Korea.
Subject to subsection (a) above, any disputes arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, and shall be finally settled by confidential arbitration by the Korean Commercial Arbitration Board (“KCAB”) in accordance with the International Arbitration Rules of the KCAB. The number of arbitrators shall be one. The seat, or legal place, of arbitral proceedings shall be Seoul, the Republic of Korea. The language to be used in the arbitral proceedings shall be English. In any action or suit to enforce any right or remedy under these Terms, to interpret any provisions of these Terms, or to settle a dispute between you and the Company, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees and expenses. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. If a dispute arises between Company and the User, Company shall faithfully demonstrate the measures taken in respect of the User, including any restrictions of usage, and will comply with result of any arbitration decision.
The Company has the sole discretion on whether to, and to what extent to, but no obligation to, enforce any rights of Company or take any actions as stated in these Terms.
This agreement to arbitrate disputes is intended to encompass all disputes or claims arising out of your relationship with Company, including our respective subsidiaries, affiliates, predecessors in interest, successors, licensors, and assigns, arising out of or relating to the App, the Documentation or Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory).

YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Inadequacy of damages

Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses if you breach these Terms. Accordingly, you agree that Company and, as applicable, its licensors shall be entitled to the remedies of an injunction, specific performance or any other equitable remedy, in addition to any other remedies available to it under the applicable law. For the avoidance of doubt, Company and, as applicable, its licensors shall be entitled to an injunction, specific performance or any other equitable remedy without bond, other security or proof of losses.

13. Governing Law and Disputes

If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. These Terms shall be interpreted and governed by the laws of the Republic of Korea. All lawsuits related to these Terms are subject to the jurisdiction of the courts in Korea pursuant to relevant laws such as the Code of Civil Procedure. Other laws may apply if you use the App and Services outside of the Republic of Korea. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that applicable local law applies.

14. Class Action Waiver

To the extent that it is permissible under the applicable law, consistent with the foregoing arbitration agreement, you agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the App, the Documentation or Services or these Terms. You also agree not to seek to combine any action or arbitration related to the App, the Documentation or Services or these Terms with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitrations.

15. Copyright Notice

If you think any materials from Company or Company-branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to Company’s designated agent as set forth below. Also, to ensure your notice is effective, you must include the following information:

Sufficient details to enable us to identify the work claimed to be infringed;
Your contact information, including your address and email address;
A statement that you have a good faith belief that the disputed work is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right in the work that is allegedly infringed;
and Your physical or electronic signature;

The contact information of Company’s designated agent is as follows:

Thingsflow Inc.

Attn: Legal Affair Department Agent

51, Seongsui-ro 20-gil, Seongdong-gu, Seoul, Republic of Korea

Email: support@hellobot.co

16. Refund Policy

Except as set forth herein, all sales for paid content related to the App, the Documentation or Services including in-App items are final, and Company is not obligated to issue any refunds for sales of paid content except as required by applicable laws or as permitted by a third-party platform’s refund policy. Requests for refunds for any paid content must be made directly to the third-party platform as prescribed in the third-party’s refund policy. If requested by the third-party, Company will review and process a User’s request for refund consistent with any applicable laws and the third-party’s refund policy. In cases where there is no third-party platform, requests for refunds should be made to support@hellobot.co or 51, Seongsui-ro 20-gil, Seongdong-gu, Seoul, Republic of Korea, Attn. Legal Department. In case of termination due to your breach of these Terms, you are not entitled to any refund.

17. Heart Cash Operation Policy

Heart Cash (hereinafter referred to as “HEART”) is an in-app currency used to purchase items (including but not limited to a digital contents or ad pass) serviced by the Company. When you purchase HEART, you are purchasing a license to use HEART to make in-app purchases. HEART has no monetary value, and you do not own HEART. You cannot transfer HEART to other Users, and you cannot redeem HEART for any type of actual currency or fiat money.

“Paid HEART” refers to HEART that was purchased using real-world currency. Users can cancel their purchase in accordance with Paragraph (g) of this Section.
“Bonus HEART” refers to HEART that are obtained after completing missions in the App and not purchased with real-world currency. Bonus HEART is non-refundable and cannot be canceled.
HEART top-up is available through the payment service operated by the third-party platform providers. Users can top up HEART in the units set by the Company.
Users can purchase in-app items within the amount of HEART they have and item prices will be deducted from HEART immediately after making a purchase.
“Paid HEART” is valid for 5 years from the day of the purchase.
“Bonus HEART” is valid for three months from the day of the purchase in principle, but it is subject to change at the discretion of the company.
Canceling the purchase of paid HEART is subject to Section 16 (Refund Policy) of these Terms. Payments made with bonus HEART cannot be canceled. In the case of products purchased with paid HEART, if it has not been used, Users can cancel the purchase within 14 days. However, there may be limitation on canceling the purchase if the User falls under any of the following conditions.
1. If a User’s account is banned in violation of the applicable laws and the Company’s Terms and Conditions such as the Terms of Service with illegal acts that have a severe impact on the App and Services.
2. If the company’s Terms and Conditions such as Terms of Service or an applicable purchase condition states it is non-refundable
3. If the HEART is given as a reward for participating in an event or a prize of an event
If a User forges, falsifies, steals or illegally obtains or uses HEART, the User will be penalized.
Prior to in-app purchase, Company has the right to display the estimated price of the Paid HEART in your local currency. This estimated price may vary from the actual price that you pay due to variations in exchange rates.

18. In-app Nickname and Chat Policy

Any nickname that is determined to be offensive to other end Users or that may provide negative perceptions including the following 1) to 5) shall be deemed to be a negative act and subject to penalties.
In addition, nicknames whose spelling has been partially altered or mixed with other letters to render them difficult to discern at first glance from inappropriate nicknames including the following 1) to 5) will be changed to an arbitrary and different nickname without prior warning or subjected to penalties.
1. Nicknames that are sexually explicit or obscene
2. Nicknames whose intent is to impersonate Hellobot or Thingsflow staff or partners
3. Nicknames that are derogatory to specific religions, races, companies, or groups
4. Nicknames that might infringe upon the trademark or copyright of a third party
5. Other nicknames that are unacceptable based on the social norms of each country
Any conduct which we determine to be offensive to other Users or likely to generate negative perceptions including the following items 1) to 5) will be considered to be violating the Terms, and will be subject to penalties. In addition, players who disrespect the dignity of customer service agents or engage in abusive behaviors such as violent language, swear words, insult, or sexual harassment that may cause the agents emotional harm may be subject to a restriction from customer service. Any conduct which we determine to be interfering with the use of the chat by posting excessive content in the chat window or repetitively posting the same content in the chat window will be subject to restrictions in the use of the system.
1. Use of profanity or offensive slang, etc.
2. Expressions or behaviors that are sexually harassing, such as obscene words or sexual descriptions
3. Belittling, mocking or criticizing specific regions, religions, races, or individuals with disabilities, etc.
4. Expressions or behaviors that are threatening or intend to cause fear
5. Causing discomfort or aversion to Users by using expressions or communicating in a manner prohibited by other terms and conditions of use

19. Other policies

Company may use the Privacy Policy and other policies to cover specific details that are not covered in these Terms in order to protect User interests and maintain order in the App, the Documentation and Services.
The App is offered and available to Users who are 14 years of age or older. By using the App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

20. Miscellaneous

These Terms constitute the entire understanding and agreement between Company and you with respect to the App, the Documentation and Services and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between Company and you regarding the App, the Documentation and Services. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect. Company’s failure to enforce any of the rights or provisions hereof shall not be construed to be a waiver of such right or provision. Any waiver of such right or provision will be effective only by a writing signed by Company.

If you have any questions concerning these Terms or the License contained herein, you may contact Company at support@hellobot.co or 51, Seongsui-ro 20-gil, Seongdong-gu, Seoul, Republic of Korea, Attn. Legal Department.

[日本]

本規約第11条及び13条にかかわらず、本規約に関連してお客様と当社との間で生じるいかなる紛争についても、以下のとおり解決するものとします。

お客様と当社との間で紛争が生じた場合に当社の目指すところは、当該紛争を迅速に解決するための中立的で費用効果の高い手段をお客様に提供することにあります。いかなる正式な法的措置にも先立ち、お客様は、まず書面で当社と連絡をとったうえでお客様における苦情、一切の関連文書およびお客様における解決案を提示する旨に、同意します。お客様による当社への通知から30日以内に当社がお客様の苦情を解決できなかった場合、お客様は、本条項の記載に基づきお客様の苦情について拘束的な仲裁への付託を行う旨に、同意します。苦情の宛先は、以下のとおりです。Thingsflow Inc., Attn. Legal Department, 51, Seongsui-ro 20-gil, Seongdong-gu, Seoul, Republic of Korea。ただし、お客様の苦情の内容について少額訴訟手続きが利用可能な場合には、東京簡易裁判所において少額訴訟を提起することができるものとします。
上記(a)を条件として、お客様および当社は、本契約に起因または関連して生じる紛争のいずれもKorean Commercial Arbitration Board（韓国商事仲裁協会）の国際仲裁規則に基づき韓国商事仲裁協会による仲裁によって終局的に解決されるべき旨について、合意します。仲裁人は、1名とします。仲裁地は、大韓民国ソウルとします。仲裁手続に用いる言語は、英語とします。本契約に基づく権利もしくは救済手段の行使のため、本契約における条項の解釈のためまたは本書の当事者間における紛争の解決のための法的措置（少額訴訟を含みます）のいずれにおいても、勝訴側の当事者は、自らの費用（合理的な弁護士報酬および経費も含みます）を回収する権利を有するものとします。当社と対象ユーザーとの間で紛争が生じた場合、当社は、対象ユーザーに関して講じられた措置（利用制限など）について、誠実に証明を行うものとし、一切の仲裁判断の結果に従うものとします。
当社は、本規約に定められている当社の権利行使または措置のいずれについても、その実行の如何および範囲について、単独の裁量を有するものとしますが、その実行の義務を負わないものとします。
この紛争仲裁合意は、対象ゲーム、対象ドキュメントまたは対象サービスに起因または関連するお客様と当社（当社の子会社、関係会社、前権利者、承継人、ライセンサーおよび譲受人の各々も含みます）との間における関係性から生じる一切の紛争または請求（契約、不法行為、制定法、詐欺、不実表示その他の普通法上または衡平法上の理論のいずれに基づくものであるかを問いません）を対象とすることを意図したものです。
上記a)ないしd)の定めが無効となる場合または仲裁判断の結果を実現するために裁判所による法的手続きを要する場合には、本規約は、大韓民国法に準拠するとともに同国法に基づき解釈されるものとし、（上記a)ないしd)の定めが無効となる場合には本規約に関係するいかなる紛争も）民事訴訟法などの関連法令に基づき韓国内の裁判所の専属的な裁判管轄に服するものとします。

本規約第17条にかかわらず、本規約におけるHEARTキャッシュ取扱いポリシーに関するいかなる方針も以下のように優先されるものとします。

HEARTキャッシュ（以下「HEART」と称します）は、弊社が提供するアイテムの購入に使用されるアプリ内通貨です。

「有償HEART」とは、現実通貨を用いて購入されたHEART、またはバンドル製品に含まれていたHEARTを指します。利用者が未成年者である場合、当社は、利用者の年齢に応じて有償で購入できるゲーム内通貨の一定期間あたりの購入金額に制限を設けることがあります。
「無料HEART」とは、アプリ内イベントを完了した後に得られるHEARTであり、実際の通貨を使用して購入されていないものを指します。
当社は、法令の定めがある場合を除き、理由のいかんを問わず、HEARTの払戻し・購入キャンセルをすることはできません。ご購入前に、HEARTの説明、「HELLOBOT」特定商取引法に基づく表示及び資金決済法に基づく表示等を十分にご確認いただきますようお願いいたします。
HEARTのチャージは、サードパーティたるプラットフォームプロバイダーにより運営されている決済サービスを通じて行うことができます。ユーザーは、当社の定める単位にてHEARTをチャージできます。
ユーザーは所持しているHEARTの金額内でアプリ内アイテムを購入できます。この場合、アイテムの価格は購入直後にHEARTから差し引かれます。アプリ内通貨について、顧客が同種の有償HEARTと無料HEARTを同時に保有している場合、有償HEARTが先に消費されます。
ユーザーによるHEARTの偽造、変造、窃取または違法な取得もしくは利用があった場合、当該ユーザーにペナルティが科されます。