Terms of Service

1. What this is

These Terms of Service ("Terms") form an agreement between you and [[OPERATOR_LEGAL_NAME_EN]], trading as egg with wings (애그위드윙스), an independent game developer based in the Republic of Korea ("we", "us", "our").

They apply to every mobile game we publish (each a "Game") and to this website. They do not apply to the App Store, Google Play or any third-party website an advertisement may take you to; those have their own terms.

By downloading, installing or using a Game you accept these Terms. If you do not accept them, do not download or use the Game, and uninstall it if you already have.

No Game has been released yet. These Terms are published ahead of the first release, so there is something to read before you install anything.

Our Privacy Policy forms part of these Terms.

2. Who may use our games

You must be at least 14 years old. Two adjustments, identical to those in the Privacy Policy:

• In the European Economic Area, if the age of digital consent in your country is above 14, that age applies to you (it ranges from 13 to 16 by Member State).
• Where a Game carries an official age rating higher than 14, the rating governs — for example a Korean 15세이용가 rating means the Game may not be used below 15.

A Game shows a neutral age screen at first launch. Answering it untruthfully to gain access is a breach of these Terms.

Our Games are not directed to children, are not enrolled in Google Play's Designed for Families programme or Apple's Kids Category, and are not marketed to children.

If you are under the age of majority where you live but above the minimum age above, you may use a Game only with your parent's or guardian's permission, and they accept these Terms on your behalf.

3. Your licence to use a Game

We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use each Game on a device you own or control, for your own non-commercial entertainment.

We do not sell you the Game or any part of it. All intellectual property in a Game — code, art, audio, text, characters, the egg with wings name and logo — remains ours or our licensors'. Nothing in these Terms transfers any of it to you.

For a Game downloaded from the Apple App Store, Apple's Licensed Application End User Licence Agreement (apple.com/legal/internet-services/itunes/dev/stdeula/) also applies to your use of that copy. Where it and these Terms conflict on a matter it covers, it governs for that copy.

4. What you must not do

You must not:

1. reverse-engineer, decompile, disassemble or attempt to derive the source code of a Game, except to the extent that applicable law expressly permits it despite this restriction;
2. modify a Game, or use a modified, unofficial or repackaged copy of it;
3. use bots, scripts, macros, automation, emulators used to gain an advantage, memory editors, packet interception, or any other tool or technique to gain an advantage not available through ordinary play;
4. exploit a bug, defect or unintended behaviour rather than reporting it;
5. access, probe, overload, disrupt or attempt to bypass any server, API or security measure we operate;
6. buy, sell, rent, lend, gift, trade or transfer for value any account, virtual currency or virtual item, or advertise doing so;
7. use a Game for any unlawful purpose, or in breach of the App Store's or Google Play's terms;
8. impersonate us, or represent yourself as connected to us when you are not;
9. remove, obscure or alter any proprietary notice, age rating or in-game legal display.

Our Games contain no free-text chat and no user-chosen names, so there is no user-generated content for you to post — and none for us to moderate or remove.

5. Virtual currency and virtual items

This section applies to every form of in-Game currency, token, card, chest, cosmetic, booster and other consumable or non-consumable item (together, "Virtual Items").

1. A Virtual Item is a licence, not property. Acquiring one gives you a limited, personal, non-transferable, revocable licence to use it inside that Game only. You acquire no ownership interest of any kind in it. Where you press a button labelled "buy", what you buy is that licence.
2. Virtual Items have no monetary value and are not convertible into money, goods or anything of value outside the Game. We do not and will not offer any cash-out, withdrawal, redemption or exchange for real money.
3. Virtual Items are not a payment instrument, deposit, security, credit balance or financial product, and no interest accrues on any balance.
4. You may not transfer or trade Virtual Items outside the mechanisms a Game itself provides, and any purported transfer outside them is void.
5. We may change a Game's economy. We may add, remove, rebalance, reprice or retire Virtual Items, and adjust drop rates and rewards, as part of ordinary live operation. Where a change materially and adversely affects Virtual Items you have already paid for, we will give reasonable advance notice inside the Game.
6. Virtual Items end when your licence to the Game does — if the Game is discontinued, or if your access is terminated under section 10. Section 9 explains what happens if we discontinue a Game.
7. Prices are shown in real money. Wherever a Game offers Virtual Items for purchase, it shows the real-money price alongside any premium-currency price, so that the actual cost is visible without arithmetic.

6. Purchases, and who you are actually buying from

Where a Game offers in-app purchases, the transaction is made through the App Store or Google Play, and Apple or Google is the merchant of record for it. That means:

• The contract of sale for the payment is between you and Apple or Google. We receive a confirmation that a purchase completed and a transaction identifier. We never receive your card number, bank details or billing address.
• Refunds are requested from the store you bought from, and are granted or refused under that store's policy, not ours:
  • Apple — reportaproblem.apple.com
  • Google Play — support.google.com/googleplay/answer/2479637
• We cannot issue a refund ourselves, because we did not take the payment. What we can do is investigate what happened and, where the fault was ours, restore or replace what you lost inside the Game. Write to support@eggwithwings.com.
• Taxes on your purchase are collected and remitted by Apple or Google as marketplace facilitator in most countries.

Delivery. Virtual Items are delivered immediately to your Game once the store confirms the purchase. If a purchase is charged but not delivered, contact us — that is a fault we can fix.

7. Cancellation and withdrawal rights

We do not contract away any right consumer law gives you. In particular:

Korea. Under the Act on Consumer Protection in Electronic Commerce (전자상거래법) Article 17(1), a consumer may generally withdraw an order within 7 days. Article 17(2)(5) excludes cases where the supply of digital content has begun — which, for an in-Game item delivered on purchase, is at once. Under Article 17(6) that exclusion applies only if the fact that withdrawal is unavailable was disclosed to you and your right was not otherwise obstructed; the store's purchase flow presents that disclosure at the point of purchase. Where a purchase has been made but the item has not yet been supplied, the 7-day right is unaffected.

European Union / EEA. Under the Consumer Rights Directive (2011/83/EU) you have a 14-day right of withdrawal for digital content, which you lose once supply has begun with your prior express consent and your acknowledgement that you lose it. The App Store and Google Play purchase flows capture that consent and acknowledgement.

United Kingdom. The same, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Minors' purchases (Korea). A contract concluded by a minor without the consent of their legal representative may be rescinded by the minor or by that representative under the Korean Civil Act (민법). Because the payment itself was taken by the App Store or Google Play and not by us, the cancellation and the refund follow that store's procedure; we will cooperate with any verification the store requires.

What none of the above takes away. If digital content is faulty or is not as described, you keep your statutory remedies — in the EU, under the Digital Content Directive (2019/770); in the UK, under the Consumer Rights Act 2015; in Korea, under the Framework Act on Consumers and the electronic-commerce statute. "All purchases are final" is not a term we rely on, and if a randomised item did not behave as our published odds said it would, that is a fault, not a support enquiry.

8. Randomised items, and the odds

Where a Game offers items whose type, effect or performance is determined by chance and which can be obtained with paid currency ("확률형 아이템" under the Korean Game Industry Promotion Act):

• The supply probability of each type of item will be disclosed before purchase, inside the Game, on this website, and in advertising for the Game — the three surfaces Article 33(2) of that Act requires. This also satisfies App Store Review Guideline 3.1.1, which requires apps offering loot boxes to "disclose the odds of receiving each type of item to customers prior to purchase."
• Where a pity or guaranteed-acquisition condition (천장) applies, the exact condition will be stated.
• Where probabilities change, the change will be disclosed.
• The published odds will be verified against the Game's actual behaviour before every release that touches the economy.

This section is a commitment, not a disclosure. No odds are published anywhere on this site today, because no Game has been released and no economy exists. Actual odds will appear on a per-Game page when a Game ships. No number stated as an odds figure anywhere on this site is illustrative — if a figure is published, it is the real one.

Article 33-2 of the same Act allows a court to award up to three times the proven damages where the failure to disclose, or a false disclosure, was intentional. That is the reason for the verification step above.

9. Availability, updates, and changes to a Game

We provide our Games as an online service and may update, modify, suspend or discontinue any Game, feature or Virtual Item at any time. We do not promise that a Game will be available without interruption or free of defects.

If we discontinue a Game entirely, we will give at least 30 days' notice on this website and, where the Game still functions, inside the Game — except where a shorter period is forced on us by law, by a platform, or by a security or safety problem. During that notice period we will stop selling Virtual Items in that Game. We do not offer refunds of past purchases on discontinuation, except where consumer law in your country requires otherwise.

10. Suspension and termination

By you. Uninstall the Game. Where a Game has an account, you may also ask us to delete it — support@eggwithwings.com.

By us. We may suspend or terminate your access to a Game, and remove Virtual Items obtained in breach, where you materially breach these Terms — in particular section 4 — or where we are required to by law or by a platform.

How we will do it. Except where the breach is a live security threat, is fraudulent, or where notice would prejudice an investigation or is prohibited by law, we will tell you what rule we say you broke and give you a way to reply at support@eggwithwings.com. We will review a reply from a real person, not an automated queue.

What happens to Virtual Items. Termination for breach ends your licence to any Virtual Items in that Game without compensation. Termination for any other reason does not affect your statutory rights.

11. Disclaimers

To the fullest extent permitted by law, each Game and this website are provided "as is" and "as available", without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

Force majeure. We are not liable for a failure to provide a Game caused by an event outside our reasonable control — including a natural disaster and a failure of an app store or of a telecommunications provider.

This does not limit any statutory guarantee or consumer right that cannot be excluded where you live — including the conformity remedies under the EU Digital Content Directive, the UK Consumer Rights Act 2015, and Korean consumer legislation. Where a term of this section is unenforceable against a consumer, it does not apply to that consumer.

12. Limitation of liability

1. Cap on liability. Our total aggregate liability arising out of or relating to a Game or these Terms is limited to the greater of (a) the total amount you paid for in-app purchases in that Game in the 12 months before the event giving rise to the claim, and (b) USD 50 (or its equivalent in your currency).
2. The cap in item 1, and the disclaimers in section 11, do not apply to: loss caused by our wilful misconduct or gross negligence (고의 또는 중대한 과실), which includes fraud and fraudulent misrepresentation; death or personal injury; or any other liability that the law where you live does not permit to be excluded or limited. This section is of no effect to the extent it conflicts with the Korean Act on the Regulation of Terms and Conditions (약관규제법), and it does not restrict any right consumer law guarantees you.

We do not exclude liability for indirect or consequential loss. A blanket exclusion of that kind is unenforceable against a consumer under Article 7 of the 약관규제법, so stating one would promise you less than the law in fact gives you. What limits our exposure is the cap in item 1, and only to the extent that cap is itself enforceable where you live.

13. Governing law, and where a dispute goes

1. These Terms and the use of a Game are governed by the laws of the Republic of Korea.
2. Proceedings arising from a dispute between you and us are brought before the court having jurisdiction under the Korean Civil Procedure Act (민사소송법). A consumer resident in Korea may bring proceedings in the court with jurisdiction over their own address. We do not designate an exclusive court: a clause fixing a single forum against a consumer is exposed under the Korean Act on the Regulation of Terms and Conditions (약관규제법), and we would rather state the statutory position than a term you could have set aside.
3. If you are a consumer resident outside Korea, this section does not deprive you of the protection of mandatory consumer-protection provisions of the law of the country where you habitually reside, and it does not restrict your right to bring proceedings in the courts of that country to the extent that country's law gives you that right.
4. Before going to court, please email support@eggwithwings.com. Most things can be fixed. In Korea you may also use the Consumer Dispute Settlement Commission of the Korea Consumer Agency (kca.go.kr) or, for content disputes, the Content Dispute Resolution Committee (kcdrc.kr).

14. General

• The whole agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Games, and replace any earlier version.
• Severability. If a provision is held unenforceable, the rest stays in force and the unenforceable provision is limited to the minimum extent necessary.
• No waiver. If we do not enforce a provision, that is not a waiver of it.
• Assignment. You may not assign these Terms. We may assign them to a successor to the business, on notice on this page; your rights are not reduced by an assignment.
• Third parties. Nobody other than you and us has any right to enforce these Terms, except that Apple's own agreement applies to App Store copies as described in section 3.
• Language. These Terms are published in English and Korean. The Korean text governs. Both are intended to state the same thing.

15. Changes to these Terms

We publish these Terms on this website so that they can be read easily. The Last updated date at the top changes with any amendment, and the change history below records it.

1. We may amend these Terms within the limits of the 약관규제법, the Game Industry Promotion Act, the Content Industry Promotion Act, the Act on Consumer Protection in Electronic Commerce and other applicable law.
2. Notice. Where we amend these Terms we state the effective date and the reason for the amendment, and give notice from at least 7 days before the effective date. Where the amendment is unfavourable to you, notice is given from at least 30 days before the effective date, on this page and by a means you can see inside the affected Game.
3. An amendment is never retroactive. A purchase already made and a dispute that already exists are governed by the version of these Terms in force at the time.
4. If you do not accept an amendment, stop using the Game before the effective date and uninstall it.

Change history

16. Contact

Anything on this page

support@eggwithwings.com

Operator

[[OPERATOR_LEGAL_NAME_EN]], trading as egg with wings (애그위드윙스)

Korean business registration number

[[BUSINESS_REGISTRATION_NUMBER]]

Privacy Policy

/privacy/

Player support

/support/