Wiseye Studio User Terms and Conditions
Greetings, dear user.
Thank you for using the games, information and related services (collectively, the “Game Services”) provided by Wiseye Studio, Inc. and its related companies (“we” or “Wiseye”). Before you use the Game Services, please read the “Wiseye Studio User Terms and Conditions” (“Terms of Service” or “Terms”) carefully. By using our services, you acknowledge that you have read and agree to these Terms of Service.
I. Definition of Terms
- Game: refers to the game provided by Wiseye or its affiliates and the services related to the game.
- Paid game points: refers to the virtual currency purchased by you in advance for a certain amount in accordance with the payment method set by Wiseye, which can be used as a payment tool in the game (such as exchanging for virtual props in the game, exchanging for the chance to draw virtual props or unlocking game levels, etc.).
- Non-paying game points: virtual currency or props that you do not receive by paying a price (such as those we send for events or those we provide to you for compensation in any case), which may be used in the game as a payment tool (such as exchanging for in-game virtual props, redeeming for the opportunity to draw virtual props or game characters, opening specific features in the game, or unlocking or expanding game levels, etc.).
- Game Points: refers to paid game points and non-paid game points.
- Virtual Props: Virtual items that can be used in the game. You can only use virtual props in accordance with the law and game management rules.
- Additional Downloaded Content (DLC): means additional content added to the game through download.
- Game Management Rules: means the rules set by us and which we have the right to modify to govern the way the game is played.
- Game history: means the record of the computer system for your game progress from the beginning of your use of our game service to the end of your use of our game service.
- Suspension of game privileges (freeze): means temporarily prohibiting you or limiting your use of our game services by restricting access to the game or temporarily restricting your right to use your game account.
- Plug-in: means a program that is not provided by us to interfere with, influence, alter or improperly record the operation of our games.
- Affiliate: means an independently existing enterprise that has (1) a controlling subordinate relationship or (2) a mutual investment relationship with each other.
- Necessary costs: the costs we have spent or paid to third parties to fulfill the contract, including but not limited to third party platform fees or remittance handling fees, etc.
II. Content of the Terms of Service
- The following items are regarded as part of the TOS and have the same effect as the TOS.
- The announcement, activity regulations or advertising content of the game.
- The fee schedule of the billing system games and the management rules of each game.
- In case of doubt, these Terms of Service shall be interpreted in favor of the consumer.
III. Special provisions on the right to cancel the contract of communication transaction
- Once you use the paid game points in the game (such as purchasing virtual props in the game, or using them to unlock or expand levels, etc.), they cannot be returned due to their nature, and the provisions related to the appreciation period of communication transactions under the Consumer Protection Act are not applicable, and you cannot apply for refund.
- Your non-paid game points and virtual props have no monetary value and may not be refunded under any circumstances.
- If you paid directly to unlock a specific level of the game, expand the game content or redeem specific props, the online service is completed as soon as it is provided by us, and is not subject to the provisions of the Communications Appreciation Period of the Consumer Protection Act, and you may not apply for a refund.
- If you purchased paid game points through a third party platform (including but not limited to iOS and Android related platforms), you must comply with the procedures and regulations of that third party platform when applying for a refund.
- If a person with limited capacity has purchased paid game points without consent or a person without capacity is not represented by a legal representative, and the legal representative requests a refund, the legal representative must follow the procedures announced on the official website, prepare the supporting documents and submit an application, and after we confirm, we will refund your unused game fees. If the purchase is made through a third party platform (including but not limited to iOS or Android), the legal agent should follow the procedures and relevant regulations of the third party platform when applying for a refund.
IV. Billing Standards, Changes and Notification Requirements
- In some cases, you are required to pay a fee to use some or all of the game services. We will highlight any payment requirements before you start playing. For content that requires payment, we will publish the rates in the game.
- If the rates are adjusted, the new rates will be applied from the effective date of the adjustment. If the new rate is higher than the old rate, the game points that you have registered in the game before the effective date of the new rate shall be charged at the old rate.
V. Intellectual Property Rights
The copyright, patent, trademark, trade secret, other intellectual property rights or the right to apply for intellectual property rights, ownership rights or other rights (including but not limited to games, videos, codes, objects, characters, names, stories, dialogues, concepts, graphics, animations, sounds, game sequences, etc.) of our game services, games and all writings, records or data related to our services or games are Wiseye Studio or its individual rights holders. You may not reproduce, transmit, modify, edit, use in any other form or infringe any rights for any purpose without our prior legal authorization or that of our respective right holders, and you shall be liable for any infringement.
However, you are free to make secondary creation of text or visual art of the game material if all the following conditions are met.
- Your creation shall not directly or indirectly use all or part of the works belonging to us or third parties, and your creation must have creative value.
- The creation is for your personal, non-commercial use only or for small-scale sales directly by you (i.e., not through third-party agents, commissions, publications, etc.).
- You must fully disclose that the creation is a secondary creation of Wiseye Studio service and must not be confused with our official work.
The creation or sale does not damage our goodwill or any rights of other rights holders.
VI. Game history preservation and inquiry
- We shall keep a record of your personal game history for a period of thirty (30) days for your reference. You may request access to your personal gaming history in writing or online (including email or online community private messaging), and you must submit personal information that matches your identification documents and answer the relevant questions we use to check your identity for inspection.
- Upon receipt of your inquiry, we shall provide you with your personal gaming history as listed in item 1 and provide the information in writing or by email within seven days. However, we may not be able to provide you with the transaction records of your payment through a third party platform (including but not limited to iOS or Android) if the holder of the transaction records is a third party platform.
VII. Electromagnetic records
- All electromagnetic records of our game services belong to us and we shall maintain the integrity of your relevant electromagnetic records; you understand that all electromagnetic records of the game are for the pleasure and experience of the game during the entertainment process only and do not have monetary transaction value.
- You have the right to use and dispose of the foregoing electromagnetic records, but it does not include the transferring and gaining behavior outside the scope of our game service.
- The game service may monitor the random access memory of your computer or device during operation to identify any unauthorized third party programs running in conjunction with the game that may affect the game or improperly retrieve information. Once such unauthorized third party programs are detected, the system will automatically report your game information and details of such third party programs to Wiseye.
- Our system may access content on the computer or device you use to access the Game Services, such as address book permissions, in-app purchase permissions, camera device permissions, etc. By using the Game Services, you agree to the permission requirements of Wiseye Studio.
- The services provided by Wiseye Studio may include methods of saving electromagnetic records provided by third-party platforms (such as iCloud used on iOS platform, or cloud record saving service provided by Google Play Store). In the event that a third party platform makes an error that results in the leakage or loss of user information that cannot be attributed to Wiseye Studio, Wiseye Studio shall not be held liable.
IX. Disclosure and Licensing
- Our Services may provide a platform for your expression (including in-game conversations, commenting functions, uploading images, etc.). We cannot guarantee that your expressions in public will not be used by third parties, and you shall be responsible for any damages or disputes arising from the unauthorized use of your expressions by third parties.
- You are solely responsible for all public statements made through our Services, and we have no obligation to review them in advance, but we reserve the right to modify or delete inappropriate statements, including statements that infringe the copyright of others, are discriminatory, abusive, controversial, obscene, indecent, violate these Terms of Service, or violate the law.
- We have the right to monitor or record the content of your communication through the use of our game services, and you should agree and understand that your communication through the use of our game services is not your personal privacy. We have the right to disclose the content of your communications for any reason, including but not limited to
- According to the relevant legal requirements.
- Required to be disclosed by administrative or judicial authorities.
- To enforce the terms of this Agreement or any other gaming regulations.
- To protect our legal rights and remedies.
- You agree to grant us or our designated third parties a royalty-free, perpetual, irrevocable license to exploit in any manner whatsoever the public representations (including all rights to reproduce, rewrite, publish, distribute, publicly release, etc. as authorized by copyright law) made through our game services worldwide.
X. Connection Quality
- You must equip yourself with all the necessary equipment to access the Internet and bear the telecommunication-related fees such as “Internet connection fees” when using our services.
- We will not be responsible for any damages caused by errors, delays, interruptions or non-delivery due to the obstruction or interruption of the telecommunication equipment of the telecommunication business.
- When we plan to suspend part or all of the services in advance to maintain the system and software and hardware equipment related to our game services, we shall announce it on the official home page, game login page or purchase page seven days beforehand. However, it is not limited to the temporary, urgent or non-accountable reasons.
- If you are unable to connect to our game services due to an error for which we are responsible, we shall correct or fix it immediately. We shall refund the game fees or in-game merchandise deducted during the period of inability to use, or provide other reasonable compensation if we are unable to do so.
XI. Responsibility of business operators and consumers
- In accordance with the provisions of these Terms of Service, we shall be responsible for maintaining the security of our own computer system in accordance with the current technology or professional standards that can be reasonably expected when providing our services.
- If the computer system or electromagnetic records are damaged, or if the computer system is operating abnormally, we shall take reasonable measures to restore it as soon as possible.
- If we violate the first two provisions or cause damage to you due to a bug in the game program, we shall be liable for damages in accordance with the circumstances of the damage you suffered in the game, but we may reduce our liability if we can prove that we are not at fault.
- When the situation mentioned in the second paragraph occurs in our computer system, we shall not charge you until the restoration and normal operation is completed.
- We will not help you to deal with any dispute between you and a third party arising from sharing your account or commissioning others to pay for game points.
XII. Game management rules
- In order to regulate the way the game is conducted, we shall establish reasonable and fair game management rules, and you shall comply with the game management rules announced by us.
- Changes to the game management rules shall be made in accordance with the procedures in Article 19 of these Terms of Service.
- The game management rules shall be invalid if any of the following circumstances apply.
- It violates the provisions of these Terms of Service.
- Deprive or limit your contractual rights. However, we will not be able to deal with you in accordance with Article 17 or Article 20 of these Terms of Service.
XIII. Handling of violation of game management rules
- Unless otherwise stipulated in these Terms of Service, if it is proved that you have violated the game management rules in the game service, we shall announce it on the official home page, game login page or purchase page, and notify you according to your registered communication information.
- If you violate the game management rules for the first time, we shall notify you to improve the rules within a period of time. If you fail to improve after we notify you, we may restrict your right to use the game or suspend your game privileges according to the game management rules. If you violate the game management rules again for the same reason, we may immediately restrict your right to play the game according to the game management rules.
- We may suspend your right to play the game according to the game management rules for no more than seven days at a time. However, it is not limited to the case that you have a major breach of contract (including but not limited to the case of Article 20, Paragraph 4 of these Terms of Service) which causes us to cancel or terminate the contract relationship with you.
XIV. Right of Complaint
- If you are dissatisfied with the quality of the connection, game management, billing and other related services provided by us, or if you are not satisfied with our disposal according to the game management rules, you may file a complaint by email or in writing within seven days from the day after you receive the notice, and we shall reply the result within fifteen days after receiving the complaint.
- Wiseye shall provide the email contact address in the services it provides.
XV. Changes to the Terms of Service
These Terms of Service may be updated and amended from time to time as needed. It is your responsibility to regularly read and enforce the latest version of these Terms of Service to protect your rights. By continuing to use the services we provide, you agree to the most current version of these Terms of Service.
XVI. Termination of Terms of Service and Refund
- You may terminate your contract with us at any time by written or email notice.
- If you have not logged in to use our game services for more than one year, we may notify you to log in within 15 days, and if you have not logged in to use the service by that time, we may terminate this TOS.
- Upon termination, we will refund the cost of any unused paid game points you have purchased by cash, credit card, money order or certified mail check within 30 days after deducting the necessary costs. If you purchased paid game points through a third-party platform (such as Android or iOS), you should first apply for a refund from the third-party platform and comply with the third-party platform’s regulations in addition to these Terms of Service.
- We may terminate the TOS immediately if we determine that you have done any of the following.
- Use any system or tool to maliciously attack or damage the computer system, or attempt to disrupt or interrupt the game process of the computer or server providing the game service or other players.
- Use of plug-ins, viruses, bugs in the game program, or other methods that violate fairness and reasonableness in the conduct of the game. This includes, but is not limited to: implementing, using, providing, advertising, installing, distributing cheat programs, automated execution software (bots), hacking programs, game modules (mods) or other unauthorized third party software designed to explore, retrieve, collect data or information or alter the game service or game experience.
- Copy, reproduce, translate, reverse engineer, generate source code, modify, recompile, decompile or create derivative works based on all or part of the game services (except for the exceptions in Article 6 of these User Terms).
- To be found by the judicial authorities to be engaged in any illegal acts.
- Unauthorized use of game services for commercial purposes, such as commercial advertising, marketing or offering through game services or selling virtual props in game services, etc.
- Provide any game matching service that intercepts, emulates or redirects Wiseye’s communications protocols, including but not limited to playing games on the Internet, Internet-connected machines or on content aggregation networks.
- Assist, create or maintain any connection to a game without the authorization or consent of Wiseye, including but not limited to any simulated or attempted simulated connection to an unauthorized server, or any other game; and any connection using unauthorized programs or tools.
- Sell, rent, create a security interest in, or transfer your rights in the Game to another person without authorization from Wiseye.
- Post any abusive, threatening, defamatory, insulting, discriminatory, offensive remarks, or use the Game to engage in illegal conduct, or with the intent to harass or harm any person in a material way.
- To publicly or privately communicate any exploit that exists or can be exploited in the game.
- Wiseye reserves the right to terminate the contract with you at any time for commercial reasons. Upon termination of the contract, all licenses granted to you shall immediately terminate.
XVII. Termination of Services and Terms of Service
- If we terminate the terms of service due to the cessation of operation of the game service, we shall announce it on the official home page, the game login page or the purchase page 30 days before the termination; if you have registered your account with us with communication information, we shall notify you according to the communication information you have registered.
- If we do not announce and notify you within the above period, we shall not only refund your unused paid game points without deducting the necessary costs, but also provide you with other reasonable compensation.
- You agree to be served at the contact address or e-mail address that you have registered for all notices regarding this TOS.
- You shall notify us immediately of any change in your registered address or e-mail address. We shall deliver service at the changed address or e-mail address.
- Service shall be deemed to have been affected when a written notice is sent to you at this address or when an email is entered into your e-mail server.
- We will not be liable for any damage caused by your intentional or negligent failure to serve us.
If there is any inconsistency between the Traditional Chinese version and other language versions, the Chinese version shall prevail.
Users are not allowed to use the services provided by Wiseye to research, develop or create self-aware intelligent beings, including but not limited to humanoid mechanical beings, neutral networks, or physical or non-physical entities that have passed the Turing test and can communicate with each other in a conscious manner. Wiseye Studio shall not be legally or morally responsible if a user creates an entity that meets the above description through the game service and, as a result, causes harm to all human beings or individuals.
XXIII. Governing Law and Court of Jurisdiction
- The laws of the Republic of China shall govern the interpretation and application of these Terms of Service, game management rules and related matters, as well as the rights and obligations between you and us as a result of using our game services.
- The parties agree that the Taipei District Court of Taiwan shall be the court of first instance for matters arising from these Terms of Service.
- The foregoing agreement does not preclude the application of Article 47 of the Consumer Protection Act or Article 28(2) or 436(9) of the Civil Procedure Act.
Last Updated: Jul 27, 2022
Greetings, dear user.
I. Application of these Terms
Collection, processing and use of personal information
- When you apply for a game service account or use game service, we will ask you to provide necessary personal information according to the nature of the activity, and process and use your personal information in electronic or non-electronic ways within the scope of the specific purpose and without restriction of territory; we will not use your personal information for purposes other than the specific purpose without your consent.
- Your personal information will be used for the following purposes: identification and authentication, account login and account management, integration and synchronization of information across your accounts, providing game history inquiries, contacting, offering products, providing maintenance, push notifications, guarantees and other services, billing, providing information about your products and services, providing you with advertising and promotional materials, improving the quality of our services, surveys, research, analysis and reports, and other purposes related to the operation of Wiseye Studio. and other uses related to the operation of Wiseye Studio, marketing, contractual or similar contractual legal relationships.
- Personal information means information that can be used to directly or indirectly identify a specific individual. We retain the name, account name, email address, contact information, date of birth, gender, time of use, geographic location, IP address, login device information, account and transaction information you provide when you use interactive features such as service mailboxes, surveys, account registrations, messages, and payments. We may provide your personal information to or obtain it from partners with whom we do business (such as game service resellers, credit card companies, iOS or Android platforms, or social media such as Facebook) as necessary to conduct our business for the specific purposes described above. When you connect in general, the server itself will record the relevant behavior, including the IP address of your connected device, time of use, operating system used, browsing and clicking data records, etc., for our reference to add game services, and this record is used internally.
- If you are not the subject of the personal information you provide, you must ensure that the subject understands and agrees to all the contents of these Terms and authorizes you to provide us with his or her personal information.
- If you refuse to provide us with the required personal information or fail to provide us with the latest and correct personal information, it may affect your right to use the game services or prevent you from using the game services.
III. Policy on Persons with Limited Ability
- We will not knowingly collect personal information from incapacitated persons or persons with limited capacity (including minors). If you are an incapacitated person or a person with limited capacity, please obtain your guardian’s consent before registering or using any game services or providing us with your personal information. We will not review or verify the age you provide.
- If you are a guardian and you believe that we have collected personal information from your guardian, you may contact us via email to request deletion of such personal information.
IV. Data Protection
- We will use commercially reasonable efforts, including administrative and technical measures, to protect your personal information from unauthorized access, use, alteration, disclosure or destruction. Our hosts are equipped with firewalls, anti-virus systems and other related information security equipment and necessary security measures to strictly protect the website and your personal information, and only authorized personnel may access your personal information. If it is necessary for our business to engage the services of a third party, we will strictly require that they comply with their confidentiality obligations and will take the necessary steps to ensure that they do so.
- While we are committed to ensuring the integrity and security of our network and systems, we cannot guarantee that our security measures will completely prevent third party hackers from gaining unauthorized access to such information. No method of Internet transmission or electronic storage is completely secure. As a result, we cannot guarantee that your information will be free from misuse by third parties and any loss.
- The services provided by Wiseye Studio Studio may include methods of saving electromagnetic records provided by third-party platforms (such as iCloud for iOS, or the cloud-based record-keeping service provided by the Google Play Store). In the event that a third party platform makes an error that results in the leakage or loss of user information that cannot be attributed to Wiseye Studio Studio, Wiseye Studio Studio shall not be held liable.
V. Rights of Subjects
- You may exercise the following rights with respect to your personal information in writing to us, but we may charge you a discretionary fee for doing so.
- To make inquiries or requests for access.
- To request a copy.
- To request a supplement or correction.
- To cease collection, processing or use.
- Requests for deletion.
- We may deny your request as described above to fulfill our legal or contractual obligations.
VI. Policy on Sharing Personal Information with Third Parties
- We will never provide, exchange, rent or sell any of your personal information to other individuals, organizations, private businesses or public authorities, except where there is a legal basis or contractual obligation to do so.
- The foregoing proviso includes, but is not limited to
- With your written consent.
- As expressly provided by law.
- To protect national security or to promote the public interest.
- To eliminate danger to your life, body, liberty or property.
- To prevent substantial harm to the rights of others.
- In any other case where it is in your interest to do so.
This section will be amended or updated from time to time as needed. Please read and comply with the latest version of these Terms on a regular basis to fully protect your rights. If you continue to use the game services provided by us, it means you agree to the latest version of these terms and conditions.
If there is any inconsistency between the traditional Chinese version and other language versions, the traditional Chinese version shall be applied.
IX. Contact Information
Last Updated: Jul 27, 2022