Phoenixdarts Terms of Use

• These Terms of Use (“Terms”) set forth the rights, obligations, responsibilities, and other matters between Phoenixdarts Co., Ltd. (“Phoenixdarts,” “Company,” “we,” or “us”) and its members (“Members” or “you”) regarding the use of Phoenixdarts and related services provided by Phoenixdarts (collectively, the “Services”).

1. Definitions

• The following terms, as used in these Terms, shall have the meanings set forth below:
1. “Member” refers to a user who has been granted the right to use or access our service and issued a Member ID by completing the registration procedure set forth in Section 5 of these Terms through our branches, the website listed below, or any linked website thereto (collectively, the “Company Website,” or “Website”).
2. • Phoenixdarts: https://www.phoenixdarts.com (the “Main Site”);
3. • Item Shop: https://itemshop.phoenixdarts.com;
4. • Phoenixdarts Competition: https://play.phoenixdarts.com;
5. “Non-Member” refers to a user who uses the services provided by Phoenixdarts without registering as a Member and without registering a card.
6. “User” refers to both Members and Non-Members who access our platform and use the services provided through it in accordance with these Terms, or who uses the services through offline machines or other means.
7. “Business Owner” refers to an individual or corporate entity that purchases or leases machines sold or leased by us for the purpose of conducting business for profit.
8. “Service” refers to the Company Website and related mobile applications (Collectively, the “Platform”) provided by us to our Members, as well as all related services available through them.
9. “Card” refers to a means used to authenticate and identify a User who registers for membership on the Website for the purpose of using the Services. “Card” includes authentication tools with various names, such as “Online Card,” “Phoenica,” “Phoenix Club Card,” depending on the country of use.
10. “Machine” refers to the Soft Tip Darts Machine sold or leased by Phoenixdarts.
11. “Gold” refers to virtual data with no real-world monetary value. We may issue, use, or adjust Gold at our sole discretion for the efficient use of the Services.
12. “Paid Services” refers to any information and related Services we provide in exchange for a fee.
13. “Content” refers to all information, materials, functions, game records, items, images, videos, text, and other digital content created and provided by us within the Services for Members to use or purchase.
14. Except as defined in these Terms, the definitions of the terms used in these Terms shall be governed by the applicable laws and regulations, relevant service policies, or where unspecified, general industry practices.

2. Effect of Terms

• These Terms become effective when we notify the User of their contents by posting them on our Platform or a linked screen, and the User, having consented to the Terms, joins the Service and becomes a Member.

3. Amendment of Terms

• We may amend these Terms when necessary to the extent such amendments do not violate applicable laws or regulations. In that case, we will publicly announce the amendments by posting the current Terms alongside the effective date and the reasons for the amendment on the Platform or a linked screen, beginning seven (7) days before the effective date and continuing through the day before such date. However, if the amendment involves material changes affecting your rights or obligations, we will provide notice at least thirty (30) days prior to the effective date using the same method, and will also send individual notice in accordance with Section 32.
• If we provide notice of the amended Terms as described above and expressly state that a Member’s continued use of the Service without expressing objection before the effective date will constitute acceptance of the amended Terms, and you do not express any objection before the effective date, you will be deemed to have accepted the amended Terms. If you do not agree to the amended Terms, you may be restricted from using the Service and may discontinue use and terminate your agreement with us.

4. Operation of Integrated Membership System

• Members may use or access each Company Website using a single, integrated account (ID and password). To use the integrated membership system, you must complete the membership registration process and register a Card.
• We may require additional or separate registration steps to provide certain services. In such cases, the specific terms and conditions applicable to those services shall prevail over these Terms.
• Information subject to the integrated membership system may be displayed on the initial screen of the Platform or sent to you by email. These Terms shall apply unless otherwise specified in separate terms and conditions.

5. Formation and Application of the Service Agreement

• The Service Agreement is formed when an individual who wishes to use the Service agrees to the contents of these Terms, applies for the use of the Service, and we approve the application.
• We may decline an application for use of the Service under the following circumstances:
1. • The application uses a false name or the name or information of another person;
2. • The application form contains false information or fails to meet our application requirements;
3. • The application is made for the purpose of committing an act that violates applicable laws or regulations, or that undermines public order or morals;
4. • The applicant applies for re-registration within sixty (60) days of account termination;
5. • The applicant previously had a Service Agreement terminated due to a violation of laws, regulations, or these Terms, and is applying for re-registration within two (2) years of such termination;
6. • The applicant is in a competitive relationship with us or the Service and applies for use with malicious intent;
7. • Approval of the applicant as a Member would significantly impair our technical operations; or
8. • Any other grounds comparable to the above for which approval may be deemed inappropriate.
• If any of the circumstances listed above are discovered after the User completes the membership registration process, we may revoke our approval for the use of Service.
• We may withhold our approval in the event of capacity limitations or technical or operational issues, until such issues are resolved.
• Each Member is allowed only one ID and nickname per person, which must be based on their real name verified through our identity authentication process.
• If the applicant is a child, we may withhold approval in accordance with the criteria set forth in the applicable service guidelines. For purposes of these Terms, “child” means a user who is under the legal age to consent to the processing of personal data in their country of residence.

6. Additional Terms

• We may establish additional terms and conditions applicable to specific services, and when doing so, we will provide notice in accordance with Section 32. Members will be asked to agree to any separate terms and conditions through a separate consent procedure at the time they use the applicable service for the first time. In the event of any conflict between these Terms and any separate terms and conditions, the separate terms and conditions shall prevail over these Terms.
• Any matters not expressly provided in these Terms or in any applicable separate terms and conditions, as well as the interpretation of these Terms, shall be governed by the applicable laws, regulations, or general industry practices.

7. Protection of Personal Information and Location Data

• We are committed to protecting Members’ personal information and location data in accordance with applicable laws and regulations. The protection and use of such information are governed by those laws and regulations and our Privacy Policy. However, our Privacy Policy does not apply to any linked services not provided by us.
• If there is any change to the information provided at the time of membership registration, the Member must notify us of such change within a reasonable period by updating their Member information or through another appropriate means. Please note that, in principle, the Member ID generally cannot be changed, and if a change is required due to unavoidable reasons, the existing ID must be terminated and a new service application submitted.

8. Obligations of the Company

• We will comply in good faith with all applicable laws, regulations, and the obligations set forth in these Terms.
• To provide continuous and stable Services, we will make reasonable efforts to promptly repair or restore any equipment failures, data loss, or damage arising during service improvement, unless such delay is due to unavoidable circumstances or force majeure events, such as natural disasters or emergencies, or due to failures or defects that cannot be resolved with then-available technology.

9. Obligations of Members

• You agree not to engage in any of the following prohibited acts when using the Services:
1. • Providing false information or using another person’s information when applying for the Services or modifying your account information;
2. • Altering the information posted by us or otherwise interfering with the operations of the Services;
3. • Collecting, storing, posting, or sharing personal or account information of other Members without their authorization;
4. • Engaging in reverse engineering, decompiling, disassembling, or other forms of modification to replicate, dismantle, imitate, or otherwise alter the Service;
5. • Using automated access programs or any other methods inconsistent with the intended use of the Service, including activities that place excessive load on our servers or otherwise interfere with normal operations of the Services;
6. • Allowing third parties to access the Service by lending, transferring, or otherwise sharing your login credentials;
7. • Reselling the right to use the Services, or any part of the Service, to any third party;
8. • Using the Service to infringe upon the intellectual property rights of the Company or any third parties, including copyrights, neighboring rights, design rights, publicity rights, or any other similar rights;
9. • Damaging the reputation or credibility of the Company or any third party, interfering with their business operations, or using the Services for any such purposes;
10. • Harassing or threatening other Members, or repeatedly causing distress or inconvenience to a specific Member;
11. • Modifying the Services without authorization, attempting to hack or hacking our servers, or altering part or all of the Platform or published information without permission;
12. • Impersonating our employees, operators, or affiliates; spreading false information; or intentionally disrupting the Service in a manner that interferes with its normal operation;
13. • Repeatedly withdrawing from and rejoining the Service, using the Service through abnormal means, or falsifying or attempting to falsify usage records for the purpose of obtaining event prizes or promotional rewards;
14. • Using the Service for any commercial, promotional, advertising, political, or electioneering purposes, or for any other purpose beyond its intended use, without our prior consent;
15. • Reproducing, distributing, promoting, or commercially using information obtained through the use of the Services without authorization, or using the Service by exploiting known or unknown bugs;
16. • Engaging in deceptive conduct to obtain personal gain, or causing damage to others in connection with the use of the Services; or
17. • Engaging in any other acts carried out through illegal or unfair means or for illegal or unfair purposes.
• You are solely responsible for securely managing the access credentials and permissions associated with your account registered on the Platform, and you will be liable for any unauthorized use of your accounts or access to the Service resulting from your negligence.
• You must also comply with these Terms and any notices we publish in connection with the Services. You will be liable for any losses and damages resulting from your violation or failure to comply with the Terms or such notices.

10. Provision of Services

• We provide the Services to Members who have entered into a Service Agreement pursuant to the provisions of Section 2 to use the Services immediately. However, certain Services may become available on a designated start date based on our operational requirements. The types of Services we offer are as follows:
1. • Online services accessed by logging into a Phoenixdarts Machine;
2. • Services for viewing usage records of Phoenixdarts Machines through the Platform;
3. • Social media or social networking services (e.g., feeds, browsing, clubs, etc.);
4. • Community-based services (e.g., photo galleries, columns, news, etc.) and personalized album services;
5. • Services for providing information on goods and services and helping purchasing them;
6. • Delivery of goods and provision of services purchased under a concluded sales contract;
7. • Events organized by us independently, jointly with affiliates, or on behalf of affiliates; and
8. • Any other services provided by us to Members in addition to the foregoing.
• We may offer additional ancillary features as part of the Services in addition to those specified in these Terms.
• We may assign you to different service tiers based on your use of Paid Services or other information you provide to us and how the Services are delivered. Usage rights may vary depending on factors including, but not limited to, the frequency of use, scope of available services, and the amount of data storage provided.
• Paid Services are available only upon payment of applicable fees specified for each Service.

11. Registration and Use of Card

• Users may use or access Services provided via the Machine by using a Card.
• Users may purchase Cards either online or through Business Owners, or obtain them through promotional offers. Users who purchase or acquire a Card may register it through the Platform’s user registration process or under the “Card setting” section after signing into their account.
• Cards may not be loaned, transferred, or used by third parties, nor may they be transferred or used as collateral for any purpose. Users are solely responsible for managing their Cards and associated passwords. In the event of damage, loss, theft, or unauthorized disclosure of a Card number or password due to the User’s intentional act or negligence, the User must immediately notify us.
• We shall not be liable for any damages incurred prior to receiving the User’s notice, where such damages are not attributable to us.
• In the event of a Card defect or a ground for refund arising under applicable law, the Business Owner who sold the Card shall bear sole responsibility. However, for Cards issued by us as part of a promotion, we shall handle such matters in accordance with applicable law.

12. Card Suspension, Etc.

• In the event a Card is damaged, lost, or stolen, Members may temporarily suspend or cancel (delete) the Card through the Platform's lost card reporting feature, provided the Card has been registered.
• A temporarily suspended Card may be reactivated and used again only if the Member requests that we lift the temporary suspension through the Customer Support Center.
• You cannot use a canceled (deleted) Card within the Company Website.
• If a Card is linked to a Member’s personal information, we may delete such personal information when the Member who holds the Card withdraws from the Service or cancels (deletes) the Card.

13. Inspection of Services

• Our Services are generally available 24 hours a day, 7 days a week, unless there are significant operational or technical impediments. However, we may temporarily suspend all or part of the Services in any of the following cases:
1. • When necessary for system operation, such as routine system inspection, expansion and replacement of servers, or network instability;
2. • When service delivery is disrupted due to power outages, failure of service facilities, excessive traffic, or maintenance or inspection of equipment by telecommunications service providers; or
3. • In the event of circumstances beyond our control, such as war, civil unrest, natural disaster, or other equivalent national emergencies.
• In such cases, we will give prior notice of the reason and expected duration of such suspension on the Platform’s home screen or service notices, etc. However, if there are unavoidable circumstances preventing prior notification, such notice may be given afterwards.

14. Modification and Termination of Services

• We may modify the Services as necessary for management, operational, or technical needs to ensure stable service provision or improvement. We will provide notice of the relevant details within the Services prior to such changes. For the introduction of new Services, notice may be provided on the date the Service becomes available.
• We may terminate all or part of the Services if it becomes difficult to continue providing them due to significant business reasons, such as the discontinuation of business operations resulting from a business transfer, division, or merger; the expiration of Content provision contracts; or a substantial decline in the profitability of the relevant Service. In such cases, we will provide notice of the termination date and the reason(s) for termination through the Platform's home screen or a linked screen within the Service at least thirty (30) days prior to the termination date, and notify you individually in accordance with Section 32.
• If we discontinue a Paid Service that you have purchased, we will provide a refund for the unused portion of the fee corresponding to the remaining period of the guaranteed usage term, calculated on a daily basis. If no guaranteed term was separately stipulated, the Standard Service Period defined in Section 21 shall apply.

15. Scope and Conditions of Use of Gold

• “Gold” refers to a virtual point system we grant to Members, which may be used for participation in certain events and activities within our designated Services. Gold holds no monetary value and cannot be converted into cash or other tangible assets. You are granted only a limited right to use the Gold and may not transfer, sell, lend, or provide it as collateral to any third party.
• You may accrue Gold through the following activities:
1. • Logging in and playing on a Phoenixdarts Machine;
2. • Participation in Phoenixdarts Machine tournaments and events; or
3. • Completing other activities and conditions as determined by us.
• Accumulated Gold may be used only for the purposes we specify. We may modify the methods of accumulating and using Gold at any time without prior notice.
• Gold may expire in accordance with the Company’s established criteria, and we cause some or all accumulated Gold to expire at regular intervals after providing prior notice. However, Gold will automatically expire and will not be recoverable in any of the following cases.
1. • One (1) year has passed since the accumulation date;
2. • A Member has not logged into the Service for two (2) years or longer;
3. • You withdraw your membership or we terminate your Service Agreement or suspend your Service use due to a violation of these Terms; or
4. • In cases where the reasons for expiration are specified separately and announced by our Gold operation policy.
• To ensure the efficient operation of Gold, we may restrict your ability to accrue or use Gold, or may delete any previously accrued Gold, in any of the following cases:
1. • Gold obtained through an abnormal or illegal manner;
2. • You are found to have violated these Terms or accrued Gold through fraudulent activity; or
3. • You have otherwise violated our Gold operation policy.
• We may revise the Gold operation policy at any time as necessary for operational and technical needs. In such cases, the provisions of Section 3 of these Terms shall apply.

16. Advertisements

• We may post advertisements within the Service in connection with the operation of the Service. In addition, we may send promotional information by email, text message, social media (or social networking services, SNS) messages to Members who have consented to receive such information. You may opt out of receiving promotional communications at any time, and upon such request, we will cease sending further promotional information.
• The Services may include banners or links that redirect you to advertisements or services provided by third parties. Such third-party advertisements or services are not part of our Service. Accordingly, we do not guarantee the reliability or stability of such third-party services and are not responsible for any damages or losses you may incur from using them.

17. Competitions

• Members participating in the Phoenixdarts Competition (collectively, "PDC," which includes leagues, tournaments, house tournaments, and similar events), as well as in the Phoenix Cup and Perfect Competition, shall act with dignity and conscience. Participants must not engage in any acts contrary to the spirit of sportsmanship or fair play, such as cheating or interfering with other participants’ games or performance.
• The organizer of each competition may take measures such as withholding goods or prize money in the following cases:
1. • Discovery of any acts contrary to sportsmanship, including various forms of unfair play or interference with other participants’ performance;
2. • Participation by an individual who is not a registered Member;
3. • Revelation that false information was submitted during the participant eligibility review;
4. • Non-compliance with specific rules announced by the organizer for each competition or venue (local rules);
5. • Submission of usage records from a mode other than the designated competition mode;
6. • Discovery of an intent to illicitly receive prizes or prize money by exploiting loopholes in competition rules; or
7. • Participation by an individual who does not meet the eligibility criteria announced by the organizer, including violations of Section 18.
• The same applies to cases where Phoenixdarts or a Member is the organizer.
• Phoenixdarts may create various products such as photo books, calendars, and broadcast videos using photos and videos of each competition, as well as the names, genders, ages, IDs, and competition records of participants. All rights to such products shall belong to Phoenixdarts.
• For the purpose of proper record management of each competition, Phoenixdarts may retain and use competition-related information of Members who have withdrawn from the Service, including their competition records, rankings, competition videos and photos, prize money rankings, names, genders, ages, and IDs.

18. Phoenixdarts Competitions

• The following entities are eligible to host PDC:
1. • Phoenixdarts;
2. • Phoenixdarts’ affiliates, affiliated institutions, and affiliated organizations (collectively, “Affiliates”);
3. • Members; or
4. • Business Owners.
• The organizer of each PDC shall independently determine the competition guidelines, prize details, and related matters. Phoenixdarts disclaims all liability for such content. However, Phoenixdarts may guarantee such content solely for competitions that are (i) directly hosted by Phoenixdarts or (ii) publicly disclosed on Phoenixdarts’ Website as guaranteed by Phoenixdarts.
• Business Owners or Members must use the ”House Tournament” feature on the Machine when hosting a PDC. Members participating in a PDC must comply with all announcements posted by the organizer.

19. Phoenix Cup

• Members who have not been recognized as national representatives, national reserve team members, or professional players by the official dart associations or organizations of their respective countries may participate in the Phoenix Cup hosted by Phoenixdarts or its Affiliates.
• The Phoenix Cup Competitions shall be conducted in accordance with the applicable rules, including competition guidelines, regulations, and the operational policies announced by the organizer. Participating Members shall comply therewith.

20. Perfect Competition

• Perfect Competitions are exclusively open to professional players who (i) are also Members of Phoenixdarts, (ii) have received Phoenixdarts’ approval, and (iii) have paid the applicable registration fee, provided they are registered members of an official darts association or organization in their respective country ("Perfect Pro Members").
• Perfect Competitions shall be conducted in accordance with the applicable rules, including competition guidelines, regulations, and the operational policies announced by the organizer. Participating Members shall comply therewith.

21. Purchase, Term of Use, and Use of Paid Services

• Members may access and use Paid Services available on the Platform upon payment of the applicable fees.
• Members shall not allow any third party to use Paid Services purchased within the Service by any means, such as through account sharing, reproduction, transmission, lease, transfer, resale, etc.
• Unless otherwise specified, Phoenixdarts guarantees a usage period of one (1) year from the date of purchase for each Paid Service (the “Standard Service Period”). However, if a shorter period is separately stipulated and notified when purchasing Paid Services, such shorter period shall apply.
• The initial service period for a monthly subscription plan purchased by a Member shall be one (1) month, and such subscription will automatically renew on a monthly basis unless the Member cancels or modifies the active subscription before the end of the current service period.
• The initial service period for an annual subscription plan purchased by a Member shall be one (1) year, and such subscription will automatically renew on an annual basis unless the Member cancels or modifies the active subscription before the end of the current service period.

22. Formation of Paid Service Agreements and Payment

• We will provide detailed information regarding the fees and structure of each Paid Service in the "My Page" section of the Platform.
• Before entering into a Paid Service Agreement, you must thoroughly review and understand the information disclosed through these Terms and the purchase page, etc., and then proceed to enter into the Paid Service Agreement.
• A Paid Service Agreement is formed in accordance with these Terms and the posted purchase conditions when you click the “Pay” or similar confirmation button for a Paid Service within the Platform and you register or select a payment method to complete the payment.
• Payment for a recurring subscription plan will be automatically charged on a monthly basis, on the same calendar day as the initial payment date. For monthly payment, if the initial payment date falls on the 31st, subsequent payment will be made on the last day of each month, and if the initial payment date falls on the 29th or 30th, the billing date in February will be the last date of that month.
• Billing and payment of fees shall be carried out in accordance with the policies or procedures of the payment method you select from among those supported by us.
• Prices of Paid Services shall be paid in Korean Won for residents of Korea, and in the local currency of your country of residence if you reside outside Korea. The actual billed amount may differ from the price displayed within the Services due to fluctuations in exchange rates, transaction fees, etc.
• Refunds for Paid Content are not permitted, unless we are legally required to issue a refund under applicable laws and regulations. However, if we specify refundable conditions at the time of purchase, refunds shall be made in accordance with those conditions. Specific refund conditions for eligible Paid Content will be separately disclosed on the purchase screen or product information page for the relevant Paid Content.

23. Refunds for Overpayments and Erroneous Payments

• In the event of an overpayment or an erroneous payment, we will refund the excess amount to you. However, if the overpayment or erroneous payment is attributable to your own negligence and not caused by our willful misconduct or negligence, you will bear the actual costs incurred for the refund, within a reasonable scope.
• We may cancel the payment or make a refund through the payment method selected by you.
• We may contact you using the information you provided in order to process a refund for an overpayment or erroneous payment, and may request you to provide any necessary information.

24. Removal of Posts

• Members retain all rights and bear full responsibility for any content they post (including, without limitation, any code, characters, images, photographs, videos, audio files, sound files, or other various files, regardless of format, posted by the Member within the Service). However, we may take measures, including but not limited to, temporary suspension, modification, deletion, re-categorization, or rejection of registration without prior consent from the Member if the content falls under any of the following circumstances:
1. • Uses a nickname, Card image, etc. that violates these Terms or is deemed commercial, illegal, obscene, or vulgar;
2. • Slanders, insults or defames another Member or a third party;
3. • Exceeds the posting period or volume limits as set by Phoenixdarts;
4. • Disseminates or links to content that violates public order, public morals, etc.;
5. • Promotes illegal copying or hacking;
6. • Involves the disclosure of personal information, is connected to criminal activity, or contains illegal material;
7. • Infringes upon the intellectual property rights, including copyrights, of a third party;
8. • Expresses private political opinions or religious views that Phoenixdarts determines are inconsistent with the purpose of the Service;
9. • Serves commercial purposes, or advertises or promotes specific products, services, or entities;
10. • Steals or impersonates another's identity, including our employees or executives, or disseminates false or misleading information;
11. • Consists of repeated or substantially similar posts registered multiple times;
12. • Posts content that violates the purpose of providing the Service or the purpose of the community; or
13. • Is otherwise deemed to violate the applicable laws and regulations.
• We may relocate any of your posts if it does not align with the intended purpose or character of the community.
• In the event that a Member's content registered on the Platform causes any damages or other issues to themselves or to a third party, the Member will bear sole responsibility for such damages or issues. We shall not be liable for any such damages or issues, except in special circumstances.
• If your legal rights, including copyrights, have been infringed by the Service, you may request our customer support center to delete the infringing information or to publish a rebuttal. In such cases, we will take necessary measures in accordance with the applicable laws and regulations and notify the requesting party.
• If we receive a request from a third party to suspend a post (or its transmission) due to alleged defamation, infringement of intellectual property rights, etc., we may temporarily suspend access to the relevant post (or its transmission). If a final judgment, settlement, or other equivalent decision is issued by a competent authority between the requesting party and the content poster and submitted to us, we will comply with such decision.

25. Guidelines for Publishing Posts

• When a Member creates a post using the Service, they must comply with the following requirements:
1. • When creating posts, Members shall not infringe upon the copyrights of other Members or third parties; and
2. • When quoting another person’s post, Members must obtain the author’s express consent or otherwise take appropriate precautions to ensure that the author’s copyrights are not infringed.
• We will not be held liable for any disputes arising between a Member and another Member or any third party due to the Member’s failure to comply with this Section.

26. Copyright and Use of Posts

• All copyrights and other intellectual property rights in and to any content, including any materials created by us, shall belong exclusively to us.
• By posting content within the Service, you grant us the following permission. However, you may manage your content such as deletion, removal from search results, or making the post private through the management function within the Service at any time.
1. • Partially modifying, reproducing, or editing your posts to the extent necessary for the operation, promotion, etc. of the Service; and
2. • Displaying your posts, including those modified pursuant to the preceding paragraph, in search results, within the Service, and in Service-related promotional materials, etc.
• If you wish to use content posted by another Member within the Service, you must obtain prior consent from the Member who created such relevant post or from any third party who holds the copyright to the relevant post.
• Posts you created before account withdrawal will not be automatically deleted upon withdrawal. If you wish to delete any posts, you must delete the posts before initiating account withdrawal.

27. Restrictions on Use of Services by Members

• We may restrict your access to the Service if you violate the obligations under these Terms or interfere with the normal operation of the Service.
• In the event that we impose such usage restriction, we will notify you of the reason for the restriction, the duration of the restriction, and the method of submitting an objection.
• We may suspend access to the Services for your account until an investigation into any of the following reasons is complete:
1. • Receipt of a report indicating that your account has been hacked, stolen, or used for criminal activities; or
2. • Other circumstances where temporary suspension of Service access is reasonably necessary for reasons equivalent to the above.

28. Procedures for Objecting to Use Restrictions

• If you wish to object to a restriction on use, you must submit an objection in writing, via email, or by an equivalent method, stating the reasons for the objection within fourteen (14) days from the date of receiving notice of the restriction.
• We will respond to your objection in writing, via email, or by an equivalent method, within fourteen (14) days from the date of receiving the objection. However, if we are unable to respond within this period, we will notify you of the reason for the delay and the expected date of response.
• If we determine that your objection is valid, we will take appropriate corrective measures.

29. Termination of Service Agreement

• You may terminate the Service Agreement at any time by withdrawing your membership if you no longer wish to use the Services.
• Service usage information related to your use of the Service will be retained for sixty (60) days following membership withdrawal, unless otherwise provided in our Privacy Policy. After this period, all such information will then be deleted thereafter and become unrecoverable.
• We may suspend your access to the Services or terminate the Service Agreement if you commit an act prohibited by these Terms, violate applicable laws and regulations, or if there is any other material reason that prevents us from maintaining the Service Agreement with you.
• Termination of the Service Agreement will also result in termination of any related Paid Service Agreement. However, even if the Service Agreement is terminated, we reserve the right to seek compensation from you for any damages incurred by us in connection with the Paid Service Agreement, including unpaid usage fees.

30. Compensation for Damages

• If either we or a Member causes damages to the other party by breaching these Terms, the breaching party shall be liable for such damages. However, this shall not apply in cases where there is no willful misconduct or negligence. The liability of the breaching party shall survive even if the Service Agreement is terminated.

31. Disclaimers and Limitations of Liability

• We shall not be liable for any failure to provide the Services if we are unable to provide Services due to natural disasters or other equivalent force majeure events.
• We shall not be liable for any damages incurred by Members due to any of the following reasons, except in cases caused by our willful misconduct or gross negligence:
1. • Inability to use the Services due to maintenance, replacement, regular inspection, construction, or other equivalent reasons related to service equipment;
2. • Interruptions to the Services resulting from the Member’s willful misconduct or negligence;
3. • Lack of reliability or accuracy in the content provided by other Members;
4. • Transactions or disputes arising between Members or between Members and third parties through the Service;
5. • Use of any services provided free of charge;
6. • Failure to realize expected benefits through the use of the Services;
7. • Leakage or disclosure of Member information due to the Member's failure to securely manage account passwords, computer passwords, mobile device passwords, or similar account credentials;
8. • Inability to use all or part of the functions of the Services provided on the Platform due to the Member's computer or mobile environment (specifications, memory size, etc.) or errors;
9. • Inability to use all or part of the functions of the Services provided on the Platform due to a change of mobile device, mobile device number, operating systems (OS) updates, overseas roaming, or changes of telecommunication provider, etc.;
10. • Deletion by the Member of any Content or account information provided by us;
11. • Unauthorized access to, or unlawful use of, our servers by third parties, or any disruption of server access through abnormal means, including the use of automated programs; or
12. • Any other reasons comparable to the foregoing in which we are not at fault.
• Members who post information, data, or facts within the Service shall bear sole responsibility for the reliability or accuracy of such content. We disclaim all liability for any damages incurred by Members or third parties arising from the inaccuracy or falsity of such content.
• We are not liable for any damages incurred by a Member or a third party resulting from the willful misconduct or negligence of the Member in connection with the use of the Platform or Services.
• We are not liable for any damages resulting from a Member’s voluntary disclosure or provision of personal information to others.
• We are not liable for the Member's failure to achieve any expected results from using the Services, or for any damages arising from the use of products obtained through the Services. However, this limitation shall not apply in cases involving our willful misconduct or negligence.

32. Notice to Members

• We may provide notices to Members via email, in-service notifications, message functions, text messages (SMS/MMS), or other similar means.
• For notices directed to all Members, we may substitute individual notice under Section 32 by posting the notice on the Platform for at least seven (7) days, or by presenting it via a pop-up screen.

33. Jurisdiction and Governing Law

• These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law principles.
• Any dispute arising between Phoenixdarts and a Member shall be subject to the jurisdiction of the courts as provided under the applicable laws of the Republic of Korea. For disputes involving Members residing outside the Republic of Korea, the Seoul Central District Court of Korea shall have exclusive jurisdiction.
• If the laws of the Member’s country of residence invalidate the choice of governing law or jurisdiction set forth above, then, to the extent such provision is deemed unenforceable, the governing law and jurisdiction permitted by the Member’s country of residence shall apply.
• Notwithstanding the governing law provision above, if the Member’s country of residence affords them non-waivable consumer rights, the Member may exercise such rights in accordance with the laws of their jurisdiction.

34. Handling Member Grievances and Dispute Resolution

• We shall provide guidance on how Members may submit opinions or complaints within the Service for the convenience of Members.
• If an opinion or complaint raised by a Member is objectively deemed legitimate, we shall process it promptly within a reasonable period. However, if additional time is required, we shall notify the Member of the reason for the delay and provide an estimated processing schedule via the Service or notify the Member pursuant to Section 32.

ADDENDA

These Terms shall take effect on February 24, 2026.