Last Updated: 2024-07-09
STEPIN End User License Agreement
Welcome to STEPIN (“Platform” or “App”), which is owned and provided by Sidewalk Entertainment Inc. (“Company”, “We” or Us”).
This End User License Agreement (“Agreement”) applies to all users (“User” or “You”) who access and use the current and future versions of our Platform, services, contents, websites, applications and products (collectively, the “Service”). PLEASE CAREFULLY READ THIS AGREEMENT BEFORE USING OUR SERVICE. THIS AGREEMENT IS APPLICABLE TO EVERYONE WHO USES THE SERVICE AS A REGISTERED OR NON-REGISTERED USER. BY ACCESSING AND USING STEPIN, YOU AGREE TO ABIDE BY ALL TERMS OF THIS AGREEMENT, AS WELL AS THE TOURNAMENT RULES, PRIVACY POLICY, COMMUNITY GUIDELINES, VIRTUAL GOODS POLICY, OPERATIONAL POLICY, AND ANY OTHER TERMS AND CONDITIONS SET FORTH BY SIDEWALK ENTERTAINMENT INC.
IF YOU DO NOT CONSENT TO THESE TERMS, PLEASE TERMINATE YOUR USE OF THE PLATFORM IMMEDIATELY.
If you plan to take part in or host a commercial tournament, it is essential to review and consent to the terms outlined in the Commercial Tournament Agreement.
For residents of the Republic of Korea, please refer to the End User License Agreement – Republic of Korea.
1 General Provisions
1.1 Purpose
The purpose of this Agreement is to outline the rights, duties and responsibilities of the Company and You regarding Your use of the Platform on your Device, which is downloaded from Apple App Store or Google Play Store (“App Marketplace”). Please be aware that this Agreement establishes a contractual arrangement between You and the Company, and that the relationship between You and the App Marketplace is exclusively determined by the respective terms and conditions established by the App Marketplace provider.
1.2 Glossary of Terms
Below are the definitions of the terms used in this Agreement:
1.
“You” and “User” refers to an individual or party who has acknowledged and agreed to this Agreement and been granted access to this Platform.
2.
“Content” includes all paid and free multimedia materials including posts, items, software, images, documents, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, interactive functions, metrics etc., which are provided by the Company, You and/or a Third Party.
3.
"Device" indicates the mobile device, tablet, laptop, PC, TV, or other devices used to access the Platform.
4.
“App Marketplace” means an online platform which users can access to download the App and make in-app purchases on, examples include Google Play Store and Apple App Store etc.
5.
“Third-party payment platform" refers to the third-party payment service provider designated by the company.
6.
"Play" refers to the action of using energy to launch a game of “Practice”, “Challenge”, “RPD” or “Tournament” on the Platform.
7.
“Item” refers to the virtual goods and virtual tokens such as diamonds, gold, energy, boosts, effects, RPD boxes, passes, subscription services, packages, items, functions, services, and any other virtual products or services, that can be used within the Platform.
8.
"Diamond" refers to a virtual token that can be purchased via App Marketplaces or third-party payment platform. It is a virtual payment method in the form of electronic token issued by the Company for participation in Commercial Tournaments, purchasing, using and exchanging items within the Platform. Additionally, users can obtain diamonds for free through events or methods permitted by the Company.
9.
“Tournament Ticket” indicates an item required to create a commercial tournament.
10.
"Gold" refers to a virtual token that can be purchased, used, or exchanged with diamonds within the App. It can be purchased or provided by the Company through item packages, events, or other offerings sold or provided via App Marketplaces or third-party payment platform. Additionally, gold can be obtained through other methods such as gameplays, events, activities designated by the Company within the app, and can be used for purchasing, using, or exchanging other items within the app.
11.
"Energy" indicates an item used for playing on the App. It can be purchased on the Platform or provided to users through promotions or other methods granted by the Company.
12.
"Boost" indicates the app feature of supporting or promoting dances, artists and/or content or profiles of yourself and other users.
13.
“Community Tournament" refers to a tournament created without the use of any items, where participation fees are paid with diamonds.
14.
"Effect" refers to features such as backgrounds, neon, filters, stickers, and other functionalities used during content editing or creation on the Platform.
15.
"RPD box" refers to an item used in RPD mode.
16.
"Recharge" refers to the action of converting cash into items via App Marketplaces, third-party payment platform, or other payment methods designated by the Company.
1.3 Acceptance of the Agreement
1.
This Agreement becomes effective upon your acceptance of these Terms and our receival of your request to use the Platform and its related services.
2.
During your access and/or use of the Platform, You must act according to this Agreement which is available in the App and on the respective App Marketplace that you can download the Platform from.
3.
You acknowledge that you have reviewed and have the capacity to comply with all Terms and Conditions of this Agreement.
4.
You may use the Platform only if you have reviewed these Terms and Conditions and acknowledge that you have the capacity to comply with them.
5.
By accessing and using the Platform, You agree to be bound by this Agreement, any modifications applied to these Terms, and any separate Policies of the Platform. If you disagree with this, please stop using the Platform without delay.
6.
When using the Platform, You agree to the regulations of the Privacy Policy, Community Guidelines, Virtual Goods Policy and Operational Policy.
7.
You are only permitted to use this Platform in the countries, regions or jurisdictions where its usage is allowed in. Any attempt to access or use the Platform outside of these areas is strictly prohibited.
1.4 Age Restrictions and Requirements
1.
The minimum age requirement to use the Platform is thirteen (13) years old. If You are thirteen (13) years old or above and under eighteen (18) years old or the adult age in your country of residence, you must obtain the consent of your parents or legal guardian to use this Platform. By using the Platform, you indicate that you meet the age requirement.
2.
You hereby affirm that you entirely understand all terms of this Agreement and have the ability to comply with them. You may only use the Platform if you have comprehended and are capable of following these terms.
1.5 Account Registration Process
1.
You register for an account on the Platform by following the procedures set by the Company, and your account registration process will be completed upon our approval.
2.
In the registration process, You must provide only accurate and truthful information. You shall bear all losses and legal responsibilities from providing false information.
3.
The Company will instantaneously accept your account registration but may not accept it under certain conditions. If any of the conditions listed below are identified after the account registration approval, the Company may take appropriate measures, such as suspending your account, or removing your content or personal information. We will inform you promptly regarding these measures and the reasons for them to be applied. In cases where notification is not allowed by law (e.g., if the act of notifying you would violate laws or regulations or obstruct regulatory authorities’’ investigations) or if we reasonably believe that notification may cause harm to a User, third party, or the Company (e.g., if it undermines the security of this Platform).
•
You registered as a member using a false name or a third party's name;
•
You provided false information or failed to provide the information requested by us;
•
You are under the age of 13;
•
Other cases that You violate relevant laws and regulations, or rules determined by the Company.
1.6 Changes to this Agreement
We constantly update and modify the Platform and this Agreement for performance improvements and changes. If significant changes are made to this Agreement, we will generally notify the Users the related details through the Platform’s notice board. However, You are responsible to regularly check and review these Terms for any updates. The Company will update the “Last Updated” date at the top of this Agreement to indicate the effective date of a change. If You continue to use the Platform after the effective date of a change to this Agreement, it indicates You accept the change. If You do not consent to the modified Agreement, please stop accessing and/or using the Platform.
1.7 Notifications and Communications to Users
1.
When contacting users regarding the Platform, the Company will do so by publishing the information in a suitable destination on the Platform and/or the Company’s service website (stepin.ai), or using information provided by the user, or any other means that the Company considers appropriate.
2.
If there are any changes to the information provided by the User during the member registration process, the User must modify it through the Platform's functions or notify the Company directly. The Company holds no responsibility towards any losses, disputes, or issues that arise as a result of failure to modify or notify us of changes.
1.8 Additional Terms
Any issues or topics that are not covered in these Terms will be subject to regulations outlined in relevant laws and regulations, the Platform’s, and any additional terms and rules.
2 User Account
1.
To use all the services and features provided by the Platform, You must create an account and provide accurate and up-to-date information when applying for an account. It is crucial to manage and update your personal and other information provided to us to keep it exact and current.
2.
If You register your membership using an email address, you must keep your password confidential and must not share it with any third parties. In the event you learnt or suspect that a third party obtained knowledge of your account password and/or have accessed your account, you must promptly notify us at stepin.cs@sidewalkplay.com.
3.
You agree to bear overall responsibility (to the Company and others) for the activities that carried out through your account, except for cases caused by the Company’s intentional or gross negligence.
4.
The Company reserves the right to disable your account at any time if there are logical reasons to believe that You have failed to follow the provisions of the Agreement or engaged in activities that may harm or impair our Service, infringe upon any third party's rights, or violate any laws or regulations.
5.
If You decide to stop using the Platform and withdraw your membership, you can use the “Remove Account” function under the “Settings” menu. Please be aware that after removing your account, all content and information of your account will be deleted. The deleted account cannot be reactivated, and the related content or information cannot be retrieved. If you encounter any problems during the membership withdrawal process, please contact us for assistance at stepin.cs@sidewalkplay.com.
3 Use of Our Service
3.1 Availability of Service
3.1.1 For residents in the United States
We do not guarantee the availability of the Platform services at all times or that we will continue to offer all or any of our services for any particular length of time. We may update or modify the Platform without notifying you. We do not provide any guarantee or assurance regarding the availability of the Platform services, and we have the right to modify or discontinue them at any time without prior notice. This may include the discontinuation of a service due to economic reasons, such as low usage by users over an extended period, technical difficulties, or to enhance the user experience. REGARDLESS OF ANY OTHER RULES OR AGREEMENTS, YOU MUST ACKNOWLEDGE AND AGREE THAT WE HOLD THE AUTHORITY TO TERMINATE ANY OR ALL OF OUR SERVICES AT OUR SOLE DISCRETION WITHOUT PRIOR NOTIFICATION. IT IS YOUR RESPONSIBILITY TO ASSUME ALL RISKS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
3.1.2 For residents outside the United States
1.
The Company makes every effort to provide the Platform in compliance with any legal requirements at all times, 24 hours a day, 7 days a week, unless there are any significant business or technical issues. However, the Platform Service may be suspended for a specific period for Platform management, regular system maintenance, and other similar reasons. In such situations, we will provide prior notice within the Platform, except in cases of urgent necessity, such as compliance with legal requirements or ensuring the security of the Platform.
2.
If regular system check or emergency maintenance is necessary, the Company may temporarily suspend the Platform. In this case, we will inform you of the relevant information within the Platform. However, if there are unavoidable reasons that we cannot notify you in advance, we may notify the suspension subsequently. If you do not agree to part of or the entire modification made, please discontinue to access or use of the Platform.
3.
If it is required for the operation or technical specifications of the Platform, the Company may modify, add, and/or remove all or part of the Platform services, such as introducing new features or fixing bugs. We will notify users of the details and schedules of the updates through Platform announcements.
4.
In the event there is a need to suspend the entire Platform due to operational or urgent reasons of the Company, the Company reserves the right to do so. In such situations, we will notify the users of the relevant information in the Platform or on the service website (stepin.ai).
5.
The Company employs various measures, including automated and manual methods, as well as other possible means permitted by law and technology, to monitor your content for the purpose of detecting violations of applicable laws and/or this Agreement, and any improper or unsuitable content. By using this Platform, you acknowledge and agree that the Company is entitled to identify and monitor the content that you create, transmit, or share.
3.2 Platform Content
“Platform Content” includes and is not limited to paid and free multimedia materials such as posts, videos, images, audio, and text posted by You, the Company, other users, or third parties. Unless otherwise required by law, the users or organizations are solely responsible for the content posted under their accounts, and the Company shall not be held responsible.
•
The App recognizes the user’s body movements through the camera of the user's device.
•
The accuracy of motion tracking may vary depending on the physical and environmental conditions, and in some cases, motion tracking may not be possible.
•
The App does not retain any user data obtained through the user's device camera in any situation except when the user is using the Platform.
4 License and Ownership of Content
4.1 Proprietary Rights of STEPIN
1.
The term "Content" refers to videos, music, text, photos, images, graphics, illustrations, designs, icons, screen pages, and all other related materials provided to users in the Platform. With the exception of additional contracts or laws, and subject to this Agreement, Privacy Policy, Community Guidelines, Virtual Goods Policy, Operational Policy and other related documents and information (collectively, "Our Assets" or “Company Assets”), as well as the selection and arrangement of Content, the Company has sole and exclusive ownership rights.
2.
The selection and arrangement of Our Assets are subject to and protected by laws related to Copyright, Intellectual Property Right and other relevant legal frameworks. The Company’s trade secrets, and proprietary information are part of Our Assets, and you have the obligation to respect and protect the confidentiality of such trade secrets and proprietary information by taking all necessary measures.
3.
The Company reserves all rights to improve, update, modify, and adjust the selection and arrangement of Our Assets and Platform Content, and in some cases, such rights belong to our licensors. You are not granted any implicit licenses, rights, or interests beyond the scope specified in this Agreement with regard to Our Assets.
4.2 Scope of Platform License
1.
You may only use the Platform’s object code format on your device solely for your personal use of this Platform. You do not have any rights to the original source code of the Platform and You are only granted license for its object code version. You are allowed to use the Company’s assets solely to access and use the Platform for personal purposes.
2.
If You use Our Assets beyond the scope of the license granted in this Agreement, we reserve the right to revoke or withdraw the license granted to you whenever deemed necessary. We will promptly notify you of the reason for revoking or cancelling the license, except in situations where legal notice is not permitted (e.g., if the notification would violate applicable laws or interferes with an ongoing investigation by a regulatory authority), or if it is reasonable to believe that the notification may result in harm to any Users, third parties or the Company (e.g., causing damage to the Platform’s security system).
4.3 User Scope of Ownership and License
If You downloaded the Platform from an App Marketplace or similar service to use this Platform app, You grant us the right to access and collect information related to the IP address, mobile carrier, time zone, device model, device system, network type, device ID, screen resolution, operating system, unique phone identifiers (IMEI, unique device ID, etc.), address book, and contact list contained in the device used for such purposes, which we may use free of charge in accordance with applicable laws and our privacy policy.
4.4 Scope of Content License
1.
By uploading content publicly onto the Platform, You grant the Company a non-exclusive, complete, and free license to use the content.
2.
If your account has content stored on your device that is not uploaded on the Platform, the Platform does not have a license to it until You upload it onto the Platform. Once you upload the content, the Company immediately gains a license to it.
3.
With the granted license, the Company may create derivative works of the content, and use, adapt, modify, edit, or use all or part of the content. You agree that other Platform users who access and use the Platform are granted access to the content you have publicly uploaded on the Platform. If necessary, you have the option to delete your content individually or delete all Your contents at once by deleting your account.
4.
You may access, view, comment, like and boost content publicly uploaded by other users on this Platform. However, you do not have a license to that content and may not download and/or share it outside of the Platform. If you breach the terms and utilize another user's content without permission, the Company may take action such as deleting your account or restricting your access to the service. If you discover that other users are using your content for purposes against this Agreement, please report to stepin.cs@sidewalkplay.com, and we will take appropriate action after verifying the details.
5.
Through accessing the Platform, you can upload or share your own content to third-party social media platforms such as Instagram, Facebook, YouTube, and Twitter. In such cases, you must comply with our terms and conditions, as well as the terms of use, content guidelines and other related regulations set forth by the respective platform. The Company is not responsible for any issues or liabilities regarding the content you upload on third-party social media platforms.
6.
In accordance with the Personal Information Protection Act of the Republic of Korea and related applicable laws, the Company will only use your content to improve, develop, operate, provide, promote, and develop our new services within the scope that does not violate your privacy.
4.5 Usage and Creation of Content
1.
When you use the Challenge function, your body movements will be recorded using your device's camera and a video will be automatically generated. The generated videos can be edited and publicly uploaded onto the Platform, and Users must follow the rules related to physical exposure, violence, hate speech, and harmful content specified in the Community Guidelines.
2.
By participating in a tournament, You grant us a non-exclusive, complete, and free license for the content, and we have the right to transfer or issue a sublicense of it.
3.
With your participation in the tournament, you also agree that the content generated from the tournament can be used on this Platform, the Company’s or organizer’s social media accounts, promotional emails, advertisements or other marketing, promotional, advertising activities and materials.
4.
You are prohibited to post content which is illegal or inappropriate, and You must adhere to the STEPIN Community Guidelines. If the content you post violates the STEPIN Community Guidelines or is determined as inappropriate by us, We reserve the right to delete, modify, or change such content, and you may be restricted from using this platform.
5.
You bear full responsibility for the content you provide. Consequently, refrain from sharing any material you do not wish to disclose publicly or exhibit to others, or that contravenes these Terms, potentially incurring legal liabilities for yourself or the Company.
6.
By agreeing to the 'Content Usage Consent,' you authorize other users of the App to utilize, edit, or upload videos featuring you in RPD gameplay. If you choose to not consent to the agreement, you will not be eligible for playing RPD with other users. You may adjust your preference regarding consent at any time via Settings in the App.
7.
In case you feel disturbed, offended or uncomfortable with a video by other users, you can report it to stepin.cs@sidewalkplay.com. If you provide relevant information such as the video, user ID, and other details, we will investigate and take appropriate action. Similarly, if another user reports your video or account, and it is verified you have breached the Community Guidelines, we have the complete authority to delete the relative content, your member account, or limit the services provided to you.
4.6 Restrictions of Company Assets and License
1.
You are not authorized to use Our Assets for commercial purposes.
2.
You only own a license limited to the object code version of the Platform.
3.
You cannot copy, replicate, modify, adapt, translate and create derivative works, and/or distribute those derivative works.
4.
You are prohibited to sell, distribute, export, rent, or transfer license or sub-licenses of Our Assets to any third parties.
5.
You do not have the rights to check, reverse engineer, identify, reconstruct, decompile or disassemble Our Asset, the App, algorithms, source codes, user interfaces and ideas.
6.
You have no rights to gain ownership of Our Asset, take any action that deletes, updates, or obscures any information or materials we have published with regards with Intellectual Property Right, Copyright Ownership, and other rights we own.
7.
You may not paralyze, destroy or circumvent any measures taken by us to preserve any copyrights or rights in our property.
4.7 Display of Advertisement
1.
In purpose of the Platform’s operations, we may post advertisements on the Platform.
2.
The Company does not bear any responsibility for any loss or damage caused due to users’ participation or transactions related to advertisements posted on this Platform by third parties.
3.
The Company has the right to distribute marketing information to users through electronic transmission media (SMS, MMS, e-mail, or push notifications etc.). However, you may reject to receive such content, and in this case, your knowledge of and participation in various news and events may become restricted and limited.
4.
Advertisements posted on this Platform may include links to websites operated by third parties. The links are provided for convenience, and we do not own or operate these websites. You hold sole responsibility for using these links and accessing external websites. We have no control over the content of linked sites and bear no responsibility for it. These links do not constitute our endorsement of any information or materials on those websites, and we do not assume any liability for your access to or use of linked websites.
5.
You may request to opt-out of receiving marketing messages and/or emails at any time by contacting stepin.cs@sidewalkplay.com. In this case, we will stop providing you with marketing information within 14 working days and inform you of the execution result. However, please be aware you will still receive communication from us in regards with regulatory laws, transaction-related information and customer inquiries etc.
5 Termination of Service and Restrictions of Use
5.1 Termination of and Withdrawal from Service (by User)
1.
Users who wish to terminate the use of the Platform or terminate their contract can use the "Remove Account" function under the "Settings" menu. If you encounter any problems during the membership withdrawal process, please contact our customer support center at stepin.cs@sidewalkplay.com.
2.
Unless due to exceptional circumstances, the Company will proceed with your application of account withdrawal within 14 business days after receiving the request. Please be aware that all content, personal information and owned virtual goods of the User account will be entirely removed upon withdrawal and cannot be reactivated or retrieved.
3.
Users can re-register for an account after completing the account withdrawal process.
5.2 Restriction or Termination of Service (by the Company)
Following this Agreement, the Company has the authority to limit Your use of the Platform, or temporarily or permanently suspend Your user account if any of the following situations occur, or if there is a possibility of such occurrence. The Company does not hold any responsibility for service restrictions or account terminations, except where specified by law.
1.
If You engage in activities prohibited by this Agreement.
2.
If an item purchase is cancelled in accordance with Section 7.2, Clause 7 of this Agreement.
3.
If legal action or investigation is taken place in relation to Your use of the Platform.
4.
If You are not qualified to use the Platform in accordance with these terms and conditions.
5.
If You engage in any other immoral behavior according to social norms.
6.
Except for cases specified by law, we are not responsible for any consequences resulting from the restriction or termination of our services.
6 Rights and Obligations of the Company and Users
6.1 Obligations
You agree to this Agreement, the revised terms that are in accordance with this Agreement, Privacy Policy, Community Guidelines, Virtual Goods Policy, Operational Policy and any of the applicable conditions established under this Agreement. If you do not agree to this Agreement or user guidelines, please immediately discontinue your use of the Platform.
6.2 Prohibited Acts
You must comply with this Agreement and applicable laws and regulations when accessing and using the Platform, and You must not engage in any illegal or inappropriate acts, including but not limited to the acts listed below. If You commit or attempt to commit any of the following acts, You may be held liable for civil and/or criminal charges under relevant laws and regulations. Additionally, your user account may be suspended or terminated, or your use of the Platform may be restricted.
1.
Using or accessing the Platform without agreeing to this Agreement or without legal capacity to do so;
2.
Using the Company Assets for any purposes that are not unambiguously authorized, or accessing or using the Platform for any illegal purposes;
3.
Creating derivative works based on any or all of the files, contents, or documents, etc. of the Platform without obtaining authorization from the Company. This includes but is not limited to adapting, modifying, altering, reverse engineering, disassembling, copying, translating, decompiling, or creating.
4.
Minor-age users (refer to Section 7.1, Clause 11) purchasing virtual goods without receiving consent and permission from their legal guardians;
5.
Transmitting viruses, worms, or any destructive code using this Platform;
6.
Conducting research or attempting to derive the technology, methods, source code, or algorithms implemented in the Platform or any derivative works;
7.
Selling, transmitting, sharing, or licensing all or part of this Platform or its derivative works;
8.
Using the Platform for commercial purposes, such as renting, selling, distributing it for a fee, or using it for advertising or promotional activities, is not allowed;
9.
Using the Platform for commercial, advertisement or promotion purposes without explicit written consent from the Company;
10.
Any actions that disrupt or attempt to disrupt the normal operation and functioning of the Platform, interfere with the Company's service and connected networks, or circumvent any measures taken by the Company to prevent access to the Platform;
11.
Integrating all or part of the Platform into other programs or products. In such cases, the Company has the right to refuse to provide the App service, delete the User’s account, or restrict access to the Platform at its discretion;
12.
Using automated scripts to collect information from the App service or to interact with the App service;
13.
Infringing on the intellectual property rights, copyrights, privacy rights, personality rights, honor rights, property rights, or other legal or contractual rights of the Company or third parties;
14.
Threatening or harassing the Company and/or third parties, promoting obscene materials, violence, or discrimination based on gender, religion, race, creed, nationality, disability, sexual orientation, or age etc.;
15.
Sending or publishing content that contains excessive violence, discriminatory remarks or anti-social expressions, promotes suicide, drug abuse or self-harm which may offend or threaten any third parties;
16.
Actions related to purchase or payment, such as fraudulent use of credit cards, account hacking, identity theft or other inappropriate behaviors;
17.
Sharing Your account password or allowing others to use Your account (with or without a fee);
18.
Accessing and using the Platform using another person’s account;
19.
Using the Platform for purposes other than its intended service;
20.
Accessing or using the Platform by using means or methods other than the designated interface;
21.
Violating these terms and conditions or any separate agreements, policies, or guidelines set forth by the Company.
In addition to the terms stated above, regulations for your access and use of the platform can be found at any time through Our policy documents, including the Agreement, Privacy Policy, Community Guidelines, Operational Policy and Virtual Goods Policy etc.
The Company reserves the right to remove or block access to any content at any time, without prior notice and based on reasonable judgment. This action may be taken if the content is deemed inappropriate, violates these terms and conditions or any other policies of the Company, or is regarded harmful to other users or any third parties. The Company's automated system analyzes your content and emails (between you and the Company) to provide you with personalized service features, such as personalized search results and advertisements, or to detect spam or malware. Such analysis is performed when content is transmitted, received, or stored.
6.3 Prevention of Unauthorized Use
The Company is entitled to take any necessary measures to block or suppress any unauthorized or illegal use of the Platform. To prevent unauthorized or illegal use of this Platform, we may ask telecommunications service providers for information such as technical measures and IP mapping.
6.4 Feedback
Any opinions, suggestions, or feedback (hereinafter referred to as "Feedback") submitted to us regarding the use of the Platform become our asset, and the Company has exclusive ownership of all rights to such Feedback. The Company has the right to use the Feedback for commercial or other purposes without providing compensation to you, other users, or any organizations, and no Feedback shall be treated as confidential. You agree that providing Feedback does not entitle you to any rights to the Platform or any revisions made to it based on your Feedback. The Company is not responsible for the originality, legality, suitability, reliability, or copyright of the Feedback provided by you.
6.5 Intellectual Property Rights
The Company respects intellectual property rights and requests that all users do the same. By accessing and using the Platform, You are acknowledging that you will not violate any intellectual property rights. At our discretion, we retain the right to disable/delete accounts or implement other measures to prevent or limit access to content that infringes or is intended to infringe on intellectual property rights.
7 Virtual Goods and Services
7.1 Purchase of Virtual Goods
1.
According to Section 1.2, Clause 7 of this Agreement, “Virtual Goods" includes and are not limited to items, tournament tickets, passes, functions and services available for use in the App.
2.
You agree that the virtual goods you purchase have no monetary value and cannot be exchanged for cash, actual goods, or actual services from the Company or any third parties.
3.
You are responsible for paying all fees and taxes incurred on your account or any account registered to you.
4.
You may purchase virtual goods according to the billing policies and procedures of the respective App Marketplace provider or third-party payment platform. In this case, the billing amount may vary depending on the relevant payment protocol of each payment service provider. When you make a purchase virtual goods issued by the Platform, we consider that You have acknowledged and agreed to all relevant terms and conditions related to the purchase of virtual goods on this Platform, including possible differences in the payment amount subject to the payment service provider’s billing policy.
5.
Subscription services will automatically renew, and you will continue to be periodically charged for the service. Unless you decide to cancel the subscription before the next automatic renewal, you will be billed again via the selected payment method. By providing your payment details for the purchase of subscription service, you are deemed to have agreed to the terms related to automatic renewal.
6.
Minor-age users (refer to Section 7.1, Clause 11) may only purchase virtual goods with the consent of their legal guardians. When purchases are made with the consent of their legal guardians, accurate and precise information must be entered. If inaccurate or false information is entered in the payment process, the User is entirely responsible for any damages or loss that may arise from this action.
7.
Virtual goods can be used for 3 years from the date of purchase and will expire after 3 years from the date of purchase.
8.
Selling, transferring, or lending virtual goods that You purchased to a third party is prohibited.
9.
The Company reserves the right to control, modify, or remove the virtual goods, and to adjust the prices, the selling quantities and the related quantity ceilings of each account.
10.
If the Company deletes your member account based on the terms under Chapter 2, you may lose all virtual goods that you possess, and the Company will not refund or compensate you for such loss.
11.
The operational protocols associated with virtual goods are determined and executed in accordance with the Virtual Goods Policy and applicable laws and regulations.
12.
The definition of minor by country and regions is as follows:
Asia
Cambodia: under 16 years old
India, Indonesia, Malaysia, the Philippines, Vietnam, Thailand, China, Taiwan, Hong Kong, Japan, Australia: under 18 years old
South Korea: under 19 years old
New Zealand: under 20 years old
Singapore: under 21 years old
Europe
Netherlands, Germany, Switzerland, Slovakia, Austria, Czech Republic, Poland, Hungary, Norway, Denmark, Sweden, Greece, Romania, Italy, Russia, Ukraine, Luxembourg, Monaco, Belgium, Ireland, UK, Spain, France: under 18 years old
Latin America
Mexico, Brazil, Argentina, Haiti, Uruguay, Jamaica, Chile, Costa Rica, Colombia, Cuba, Peru: under 18 years old
For countries and regions not specified above, the standards for minors defined by the user's country of residence will apply.
7.2 Refund Policy
1.
YOU AGREE THAT ALL PURCHASES OF VIRTUAL GOODS MADE THROUGH THE PLATFORM ARE FINAL AND NON-REFUNDABLE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
2.
In the event that your account is terminated due to your violation of these Terms, you will not be eligible for any refunds.
3.
You acknowledge that the Company is not obligated to provide a refund for any reason, and you will not receive any compensation for unused virtual goods if your account is terminated, whether voluntarily or involuntarily.
4.
If your account usage is restricted or removed due to policy violations or other reasons, the automatic renewal of subscription services will not be interrupted. To cancel the automatic removal, you must proceed with the termination via the selected payment method.
5.
The cancellation procedures of subscription services may vary depending on the payment method used. If the payment was made through Google Play, you can apply for cancellation through Google Play or by contacting our customer support center at stepin.cs@sidewalkplay.com. If payment was made through the App Store, you can apply for cancellation through the App Store.
6.
The Company reserves the right to exercise its discretion in issuing refunds, credits, or discounts as it deems appropriate. However, in the event that a refund, credit, or discount is issued, the Company is not required to provide the same or similar refund in the future.
7.3 Usage, Period of Availability, Exchange and Transfer of Virtual Goods
7.3.1 Usage
1.
Virtual goods may be purchased, used, or consumed within this Platform according to the methods and conditions determined by the Company, and by accepting this Agreement, you are considered to agree with the usage methods and conditions.
2.
When virtual goods are being purchased, the goods added to the user account first will be consumed first. In addition, purchased virtual goods are consumed before goods obtained without charge or through promotions.
3.
The usage period of paid items is three years from the date of purchase, after which any remaining items will automatically expire. Paid items are considered used upon collection or unpacking. However, subscription services are activated and considered used immediately after purchase.
4.
Purchased virtual goods can be used for 3 years from the date of purchase, and will expire after 3 years from the date of purchase.
5.
If major defects in the Platform result in damage, tampering, or removal of virtual goods, you are entitled to receive compensation, such as recharging or restoration of the affected virtual goods.
6.
No interest income is generated from the balance of virtual goods.
7.
The Company reserves the right to modify the functionality of existing items or disable them through updates, changes, or item policies of this App. In such cases, items with remaining usage period become unavailable and inaccessible, and the Company will provide compensation the form of other items which corresponds to the disabled or removed items.
7.3.2 Exchange of Virtual Goods
Virtual products cannot be exchanged for monetary benefits such as cash or property outside of the services or functions specified by the Company. The essential conditions for exchanging services or functions on this platform will be specified and posted by the Company.
7.3.3 Transfer of Virtual Goods
Virtual goods cannot be transferred to another account outside of the means specified by the Company, and can only be used on the acquired account.
8 Indemnification and Warranty Disclaimers
8.1 Disclaimer
If You (i) violate this Agreement or related laws, (ii) infringe on the rights of other users or third parties, (iii) use the Platform and the Company Assets for improper purposes, (iv) cause disputes with other users or third parties due to your use of the Platform and the Company Assets, (v) leak or allow the unauthorized release of personal information of others, or (vi) if a third-party files a lawsuit or claim against the Company, its licensors, business partners, affiliates, directors, employees, or trading partners (hereinafter referred to as the "Company Party") for damages and losses (including attorney's fees) arising from the tax or expenses incurred in connection with Your purchase of the Platform’s virtual goods or services, you shall indemnify the Company Party for such damages and losses. In this case, the Company Party has the right to lead dispute resolution proceedings at your expense, including the appointment of legal representatives. If You consider resolving the dispute through mediation, settlement, or other means with the third party, You must obtain the Company Party's consent in advance. Any mediation, settlement, or other resolutions reached without the Company Party's consent shall be ineffective against the Company Party.
8.2 Limitation of Warranty
1.
Your satisfaction, benefits, expected quality, accuracy of information you receive, or suitability for your specific purposes related to the current condition of the Platform, is not guaranteed by the Company.
2.
Unless required by law, the Company does not hold any responsibility for any issues that arise from Your use of the Platform. You may choose to request account deletion by contacting stepin.cs@sidewalkplay.com or stop using the Platform to resolve such issues.
3.
The Company does not explicitly or implicitly guarantee that the Platform is free of legal or actual defects (including completeness, reliability, safety, accuracy, flexibility, security, defects related to specific purposes or rights infringements, errors, bugs). The Company is not obligated to remove such defects for users.
4.
The Company does not guarantee the transmission, receipt, virus or safety of content, related to your use of the Platform.
8.3 Limitation of Liability
For Residents in the United States
THE COMPANY IS NOT RESPONSIBLE FOR ANY LIABILITY WITH REGARDS TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE POSSESSION, USE, OR MALFUNCTION OF OUR PLATFORM OR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES. OUR LIABILITY SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR ANY OTHER PART OF OUR PLATFORM OR SERVICES. IT SHOULD BE NOTED THAT CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF DAMAGES, THEREFORE, THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY CONFERS SPECIFIC LEGAL RIGHTS UPON YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION.
For Residents outside the United States
1.
The Company shall not be liable for any loss incurred by You, except for direct losses resulting from significant errors related to Your commercial use of the Platform. For instance, the Company shall not be responsible for indirect losses, losses due to punitive sanctions, lost profits, business interruption, or similar situations. This provision applies even if the Company has received prior notification about the potential occurrence of such losses. If the Company is held responsible when leakage of user’s information arose due to the Company's negligence or misconduct and purchase of goods is resulted, the range of compensation shall be limited to the maximum purchase price of the purchased goods, proven by evidence the User submitted.
2.
During your access or use of the Platform, the Company is not responsible for any (i) personal damages, (ii) losses caused by a third party's illegal use or access of Our servers, (iii) damages caused by a third party's interference with the transportation or transmission of Our servers, (iv) losses caused by a third party's transmission or distribution of malicious programs, (v) losses caused by missing, destroyed, or omitted data transmissions, defamation, or other unintentional negligence or misconduct of the Company, or other actions taken by users or third parties.
3.
These terms in this Agreement do not affect any additional legal rights You may have as a consumer.
8.4 External Sites
This Platform's services may include links to websites operated by third parties. The links are provided for convenience, and we do not own or operate these websites. You hold sole responsibility for using these links and accessing external websites. We have no control over the content of linked sites and bear no responsibility for it. These links do not constitute our endorsement of any information or materials on those websites, and we do not assume any liability for your access to or use of linked websites.
8.5 Premises of Company's Service Provision
You acknowledge and agree that the Company provides this Platform and sets the related prices in accordance with the Agreement and applicable policies.
8.6 Waiver of Rights
Our failure to exercise or enforce any of our rights under this Agreement does not waive our right to enforce such right. Waiver of any rights or provisions shall only be effective if it is in writing and signed by the Company.
9 Interpretation of Terms and Conditions, Governing Law, and Dispute Resolution
9.1 Entire Agreement
This Agreement (including any additional terms and policies) represents the complete agreement between You and the Company with respect to the subject matter hereof. If any provision of this Agreement is found to be unenforceable, that provision will be modified only to the extent necessary to make it enforceable, and the modification will not affect the enforceability or validity of the remaining provisions, which will remain in full force and effect.
9.2 Section Headings
The section headings used in this Agreement are provided for convenience only and do not have any bearing on the interpretation or construction of any provision in this Agreement, nor do they limit or affect the meaning or scope of any provision in this Agreement.
9.3 Preservation Measures
In accordance with this Agreement, You acknowledge and agree that Your obligations to the Company are of an irreplaceable nature. In the event that You breach Your obligations, and this results in irreparable loss that cannot be compensated monetarily, the Company has the right to seek injunctive relief, including provisional disposition.
9.4 Governing Law and Jurisdiction
1.
This Agreement and relevant Company policies shall be interpreted and governed by the laws of the Republic of Korea, without affecting any choice or conflict of law principles.
2.
Any legal disputes arising from or related to this Agreement shall be unconditionally submitted to the exclusive jurisdiction of the Seoul Western District Court, Seoul, Republic of Korea. Such disputes shall be resolved in accordance with the relevant laws, such as the Code of Civil Procedure.
3.
If you access and use the Platform outside of the Republic of Korea, the applicable laws will only affect these Terms to the degree that is required by the relevant jurisdiction, and these Terms will be interpreted in a manner that ensures their effectiveness. You must follow all relevant local laws to the extent that they are applicable.
Supplementary Terms
10 For Residents of the United States
10.1 Dispute Resolution
THE DISPUTE RESOLUTION CLAUSE STATES THAT ANY DISAGREEMENTS BETWEEN YOU AND THE COMPANY WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS CLAUSE, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE WILL NOT APPLY IN THE FOLLOWING CIRCUMSTANCES: (1) IF YOU RESIDE IN THE EEA OR A JURISDICTION WHERE THIS ARBITRATION AGREEMENT IS NOT ALLOWED, (2) IF YOU CHOOSE TO OPT-OUT OF ARBITRATION AS OUTLINED IN THE "ARBITRATION" SECTION BELOW, OR (3) FOR SPECIFIC TYPES OF DISPUTES DETAILED IN SECTION 13.1, "ARBITRATION," BELOW.
10.2 Arbitration
If you are a resident of the US or another jurisdiction that permits arbitration agreements, you and the Company agree to resolve any disputes through binding arbitration, with the exception that each party may: (a) pursue an individual claim in small claims court and (b) seek injunctive or other equitable relief in a court with proper jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights (known as an "IP Protection Action"). Notwithstanding the binding arbitration agreement between yourself and the Company, the Company reserves the right to initiate legal proceedings against you in a court of competent jurisdiction if you engage in intentional or willful misuse or abuse of its intellectual property, products, or services, such as through acts of hacking or falsification of location data.
You have the option to litigate any dispute not covered by the preceding paragraph by providing the Company with written notice of your desire to do so within thirty (30) days of accepting this Agreement, by sending an "Arbitration Opt-out Notice" to stepin.cs@sidewalkplay.com. If you do not provide the Company with an Arbitration Opt-out Notice within thirty (30) days of agreeing to this Agreement, you will be considered to have knowingly and intentionally waived your right to litigate any dispute, except as outlined in clauses (a) and (b) above. Furthermore, unless both You and the Company agree otherwise in written form, the arbitrator may not consolidate more than one person's claims or preside over any form of any class or representative proceeding. If the class action waiver is unenforceable, the agreement to arbitrate will be deemed void. This "Dispute Resolution" section will remain in effect even after termination of these terms, except for the circumstance provided in the preceding sentence. If any claim for relief is found unenforceable under Section 10.2, that claim must be separated from arbitration and pursued under Section 10.7. The arbitrator has the exclusive authority to determine the enforceability of this arbitration agreement and to resolve any disputes related to its interpretation, applicability, enforceability, or formation, including claims of voidness or voidability.
10.3 Arbitration Rules
The resolution of disputes will be handled through arbitration, which will be overseen by the American Arbitration Association ("AAA") and will follow the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules"), as currently in effect, unless specifically altered by this "Dispute Resolution" section. (The AAA Rules can be accessed through https://www.adr.org/Rules or by contacting 1-800-778-7879.) The Federal Arbitration Act will be used to interpret and enforce this section.
10.4 Arbitration Process
In order to commence arbitration proceedings, the party wishing to do so must provide written notice to the other party by submitting a Demand for Arbitration in accordance with the AAA Rules. The AAA provides a standard Demand for Arbitration for this purpose. The sole arbitrator will be selected from the roster of arbitrators maintained by the AAA and will be either a retired judge or an attorney licensed to practice law. In the event that the parties are unable to agree on an arbitrator within a period of fourteen (14) days following delivery of the Demand for Arbitration, the AAA will appoint an arbitrator in accordance with its own rules.
10.5 Arbitration Location and Procedure
Unless you and the Company come to a different agreement, the arbitration will proceed in a confidential manner in the county where you reside. If the value of your claim is less than $10,000, the arbitration will be based solely on the documents submitted by you and the Company, without any other discovery unless the arbitrator determines a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. The arbitrator may direct a reasonable exchange of information between the parties, as long as it aligns with the expedited nature of the arbitration and is subject to the AAA Rules. However, unless there is good reason, the parties are not allowed more than three (3) depositions each, and there will be no corporate deposition as specified by Federal Rule of Civil Procedure 30(b)(6) and California Code of Civil Procedure 2025.230.
10.6 Arbitrator’s Decision
The arbitrator will determine an outcome within the time frame specified in the AAA Rules. The decision will be confidential and will include the essential findings and conclusions upon which the arbitrator based the award. The arbitration award may be confirmed and enforced in any court of competent jurisdiction. The arbitration award of damages must conform to the constraints on liability specified in “Limitation of Liability” of this Agreement, with respect to the types and amounts of damages for which a party may be deemed liable. The arbitrator is authorized to grant declaratory or injunctive relief, but only in favor of the claimant and solely to the degree necessary to furnish the relief warranted by the claimant's specific claim. Should the claimant prevail in arbitration, the claimant shall be eligible for an award of attorneys' fees and expenses to the extent allowed by applicable law. In the event the Company succeeds in arbitration, it relinquishes all its rights under applicable law to seek recovery of attorneys' fees and expenses.
10.7 Fees
The Company's responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as specified in the AAA Rules. However, if your claim for damages does not exceed $75,000, the Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)).
10.8 Changes to Dispute Resolution
In the event that the Company modifies this "Dispute Resolution" section after you initially agreed to this Agreement (or agreed to any subsequent modifications to this Agreement), you have the option to reject such changes by providing written notice (via email to stepin.cs@sidewalkplay.com) within thirty (30) days from the date the changes take effect, as indicated by the "Last Updated" date above or in the date of the Company's email informing you of the modification. If you reject any changes, it means that you agree to resolve any dispute between you and the Company through arbitration, in accordance with the provisions of this "Dispute Resolution" section as of the date you initially accepted this Agreement (or accepted any subsequent modifications to these Agreement).
10.9 California Consumer Rights
Under California Civil Code Section 1789.3, California Users of the Company's services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information provided on https://www.dca.ca.gov/about_us/contactus.shtml.
10.10 New Jersey Residents
The limitations of liability set forth in the Agreement may be further restricted by the laws of the State of New Jersey. In such an event, you expressly agree that the liability of the Company (or any other party released from liability) to you will be limited to the maximum extent permitted by the laws of the State of New Jersey.
This section does not apply to you if you are a resident of a member state of the EEA or a country in which this clause is prohibited by local law, and it does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country.
10.11 U.S. GOVERNMENT RIGHTS
The STEPIN App, along with all related technology and documentation, is considered a "Commercial Product" as defined by 48 C.F.R. §2.101, comprised of both "Commercial Computer Software" and "Commercial Computer Software Documentation," as defined by and applicable per 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the licenses of Commercial Computer Software and Commercial Computer Software Documentation are granted to U.S. Government end users (a) as Commercial Products only and (b) with the same rights granted to all other end users in compliance to this Agreement.
11 For Residents of the EEA
Purchases and Refunds Services
If you reside in the EEA, you have the right to withdraw from online purchases, but please take note that once Your Account receives Virtual Goods from the Company, your right to withdraw ends. By purchasing Virtual Goods, you agree that (i) the purchase of Virtual Goods entails an immediate download of the Content, and (ii) your right of withdrawal terminates once the purchase is complete. If you live in the EEA, the Company will provide you with a VAT invoice when required by law, and you agree that such invoices may be in electronic format. The Company reserves the right to regulate, control, change, or remove any Virtual Goods without incurring any liability to you.
12 For Residents of Germany
Limitation of Liability
If either Party, including its representatives and agents, acts intentionally or with gross negligence, they will be held liable as per the laws. The same rule applies to damages resulting from an injury to life, body or health, a violation of quality guarantee, or concealed fraudulent defaults.
However, in case of damage to property and financial losses caused by slight negligence of either Party, its representatives or agents, the liable party will only be held responsible if they violate a contractual core duty. The liability will be limited to the amount of damage that was foreseeable at the time of the contract and is typical of the nature of the contract. Contractual core duties refer to those duties that are essential for proper fulfillment of an agreement and upon which the contracting parties rely regularly.
13 For Residents of Japan
For Services offered in Japan, only virtual goods labeled as “Prepaid Payment Instruments” in Section 10 of STEPIN’s Virtual Goods Policy named “Notations Based on The Act on Specified Commercial Transactions” will be classified as “Prepaid Payment Instruments” under the Payment Services Act in Japan. All other virtual goods or items obtained through exchange of “Prepaid Payment Instruments” will not be considered as “Prepaid Payment Instruments” under the Payment Services Act. Unless otherwise required by applicable law, no refunds or exchanges will be provided for any “Prepaid Payment Instruments”.
14 For Residents of Republic of Indonesia
In the event of any account suspension or termination of STEPIN's Terms & Conditions, you agree to waive and forgo any rights and obligations under any applicable laws. This includes situations that require a judicial pronouncement for the termination of this Service.
15 Security
The Company does not guarantee the security condition of this Platform or that the Platform is free from bugs or viruses. It is Your responsibility to ensure the security of Your information technology and platform configurations when accessing this Platform, and you are obligated to use Your virus protection software.
16 Severability
In the event that a specific provision of this Agreement is invalidated due the jurisdictional courts or laws related to the subject matter, that provision will be removed from this Agreement without affecting the effectiveness of the other provisions and the remaining provisions of this Agreement will continue to be effective and enforceable.
17 Additional Information
If you have any inquiries or require technical support concerning the Platform, or if you wish to contact us for any other reasons, please contact our Customer Service Team at stepin.cs@sidewalkplay.com.
