⚖️Terms of service

Terms of service for Nine Chronicles

These Terms of Service ("Terms") govern the rights, obligations, and responsibilities between Planetarium Labs Pte. Ltd. and its affiliates ("Group") and users regarding the use of the Nine Chronicles application ("App") and the website located at https://nine-chronicles.com/ (collectively referred to as the "Service").

The Group will only offer the Service to users who comprehend and accept all the terms outlined herein. Users must express consent by recording their acceptance or rejection of these Terms. Non-consenting users must immediately cease usage of the Service.

These Terms may be revised from time to timeat the Group's sole discretion. Modifications will be indicated by adjusting the "Last Updated" date. The Group may omit notifying users in respect of each amendment, and the responsibility to periodically review these Terms lies with the user. Continued use of the Service post- any modification(s) signifies the user's acknowledgment and acceptance of the revised Terms.

For details on how the Group collects, uses, and disseminates user's personal information, please refer to our Privacy Policy. Users must explicitly consent to the collection, use, and sharing of their personal data as outlined in the policy.

The Nine Chronicles app and website are not designed for distribution in jurisdictions or countries where such distribution would contravene any local laws or regulations or necessitate additional registration. Users choosing to utilize the Group's Service and/or other services in violation of local laws do so at their own peril and discretion without any responsibility and/or liability on the Group whatsoever.

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1 - Definitions

1.1. "Group" signifies the entity offering the Service via PC/mobile platforms.

1.2. "User" signifies an individual who consents to a usage agreement according to these Terms and uses the Service provided by the Group.

1.3. "Private Key" pertains to a randomly generated series of numbers and characters used by users for asset management earned in-game, as an alternative to a signature.

1.4. "Password" pertains to the security measure selected by the user when accessing the game or utilizing the Private Key.

1.5. "Character" pertains to the in-game data regulated according to the game rules for the purpose of using the game service.

1.6. "Digital Assets" pertain to a range of game-related information, including but not limited to items, currency, and other game-related data acquired within the game.

2 - Group's Obligations

2.1. The Group will comply in good faith with the exercise of rights and performance of obligations in accordance with the declared terms and applicable laws and regulations.

2.2. The Group will establish a privacy protection system to ensure user safety when using the Service and will disclose and abide by the privacy policy.

2.3. The Group will strive to provide stable Service and, unless faced with unavoidable circumstances like uncontrollable technical failures or force majeure events, will promptly address such failures or defects.

3 - User's Obligations

3.1. Users shall refrain from any action(s) which could (or could potentially) adversely affect the Group's provision of the Service and/or other users’ enjoyment of the Service, including the following actions concerning the use of the provided Service:

3.1.1. Maliciously exploiting bugs or other defects in the Service repeatedly.

3.1.2. Impersonating Group employees, operators, affiliates, or other users.

3.1.3. Utilizing stolen credit cards or conducting unauthorized purchases of paid content.

3.1.4. Manipulating payment-related policies and processes provided by payment service providers for unfair gains.

3.1.5. Illegally obtaining and using other users' Private Keys, Passwords, or similar information.

3.1.6. Deceiving others for personal profit.

3.1.7. Slandering or harming others' reputations.

3.1.8. Participating in actions that breach social norms or undermine community integrity.

3.1.9. BreachingClause 7.5 below.

3.2. Users are obliged to review and abide by the provisions of these Terms and any game service-related notifications.

3.3. Users bear all responsibility for the secure management of their information, including Private Keys, Passwords, and other related data. The Group is not liable for any damages arising from the user's insufficient management of the same.

4 - Service Usage, Restrictions, and Complaint Procedures

4.1. The Group provides the Service exclusively to users who have agreed to the terms of service set out in these Terms.

4.2. Should a user breach Clause 3.1 of these Terms, the Group may impose restrictions on the use of the Service as it deems fit in its sole discretion (each a “usage restriction”), including:

4.2.1. Access restriction to web services: Temporary or permanent suspension of use.

4.2.2. Access restriction to mobile/PC applications: Temporary or permanent suspension of use.

4.3. Should a user contest a usage restriction, they must submit a written complaint or an email to [e-mail] detailing their objection reasons within fifteen (15) days from the restriction date.

4.4. The Group shall use its best endeavours to respond to the complaint within thirty (30) days from the date it receives the complaint. However, if a response within this period is challenging, the user will be notified of the delay reason and the anticipated processing timeline.

4.5. The Group maytemporarily halt the game Service for a specific period in the following instances.

4.5.1. When service infrastructure maintenance or replacement is necessary.

4.5.2. When a cyber-attack or other electronic security incident occurs, necessitating response measures.

4.5.3. When the provision of the service is prohibited due to force majeure or other applicable laws.

5 - Service Offerings

5.1. The Group offers services that users can access without additional payment, as well as services requiring payment of pre-determined fees.

5.2. Users who apply for paid services must make payment following the methods specified by the Group.

5.3. The duration of paid services will be separately determined if a specific usage period is specified at purchase time. If no specific duration is specified, the usage period will last until the service discontinuation date.

6 - Service and Disclaimer

6.1. Users can acquire and hold Digital Assets through the Service provided by the Group.

6.2. Subject to Clause 7 below, users haveownership rights over all Digital Assets acquired within the game, and the rights to those Digital Assets always belong to the users. Moreover, users bear all risks associated with the loss of such Digital Assets.

6.3. The Group is not responsible for any errors that may arise due to factors for which a user is responsible, including but not limited to the loss or misrepresentation of Passwords, the loss of Private Keys, etc. Users acknowledge and agree that they are solely responsible for any loss of value or other damages that may result from such errors.

6.4. Users can trade their Digital Assets with other Digital Assets through services provided by third parties, subject to the terms in these Terms and the separate terms and conditions of the third party (if any).

6.5. The attributes and information of the Digital Assets held by users may be modified or changed based on the policies of the blockchain protocol or the judgment of the corresponding operating entity. In such cases, if the Group determines that a loss of value has occurred, it may provide equivalent value in other Digital Assets, and users agree not to and hereby waive make any separate claims against the Group for compensation regarding such measures.

6.6. The Group is not responsible for any loss of Digital Assets resulting from errors in the blockchain protocol or network operations, including security issues. When trading Digital Assets, users must personally verify the transaction results.

6.7. The Group does not predict or guarantee profits or results related to the gains or losses of Digital Assets acquired through its services and is not responsible for any such outcomes.

6.8. To the maximum extent permitted by law, the Group shall not be held liable for any direct, indirect, incidental, special, consequential, incidental or exemplary losses, damages, liabilities, claims, expenses, awards, proceedings and costs, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data due to malicious code, spyware, viruses, hacking, device malfunctions, errors, or information leaks caused by users or third parties; and/or (iii) any other event out of the Group's control, whether arising in contract, in tort (including for the tort of negligence) or under any legal or equitable theory.

6.9. The Group reserves the right to modify or alter the Service as necessary for operational, regulatory, or other reasons as it may deem fit in its sole discretion. The Group shall not be held liable for any direct or indirect damages resulting from such modifications or alterations.

6.10. To the maximum extent permitted by law, users hereby and henceforth release the Group from, and to waive, any and all claims, controversies, disputes, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature, arising from or in any way related to their use of the Service.

6.11. Users acknowledge and agree that their sole and exclusive remedy for any dissatisfaction with the Service or these Terms is to cease using the Service. By continuing to use the Service, Users agree that this remedy is exclusive and replaces all other remedies available at law or in equity.

7 - Intellectual Property Rights and Open-Source Policy

7.1 The Group owns all rights, titles, and interests in and to any and all intellectual property (“IP”) in and/or comprising the Service, including, without limitation, all content, text, graphics, user interfaces, visual interfaces, character and game designs, photographs, trademarks, logos, sounds, music, artwork, and computer code.

7.2 Subject to Clause 7.3, users are permitted to use, reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on and/or exploit for any commercial purposes, or otherwise deal with any part of the IP in the Service strictly in accordance with the AGPL 3.0 License (available at: https://www.gnu.org/licenses/agpl-3.0.en.html) (the “License”) as may be in force from time to time. In the event that any of these Terms conflict with the terms of the License, the former shall prevail.

7.3 Users shall not use, exploit or otherwise deal with the Service save as stated in the License and/or as closed-source software without the express written consent of the Group. If any user wishes to use, exploit or otherwise deal with any part of the Service in a manner not covered by the License, such user must contact the Group at [e-mail] to negotiate and obtain the Group's written consent as to the terms on which that user may do so.

7.4. To the fullest extent permitted by law, and in consideration of the mutual obligations and benefits arising from these Terms, all rights, title and interest (including without limitation all intellectual property rights) in and to any user-generated content (“UGC”) in the Service shall immediately vest in and be owned by the Group (save for any work or material belonging to a third party). The Group grants to users a limited, revocable, non-exclusive, non-transferable, non-sublicensable worldwide license to reproduce, modify, copy, transmit, broadcast and/or otherwise use such UGC within the Service only and for their personal, non-commercial use.

7.5. Users acknowledge and agree that any UGC they create shall not violate or go against these Terms or any laws of Singapore; be libelous or defamatory to any party; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; be fraudulent or likely to deceive any person; be obscene, pornographic, offensive, objectionable or unreasonable; and/or be abusive, discriminatory, violent, threatening or otherwise induce discomfort.

7.6. Users acknowledge and agree that any engagement with such third-party advertisements or services is outside the scope of the Service. Users further acknowledge and agree that the Group bears no responsibility for any damages, losses, or any other consequences that might arise from such interactions. This includes, but is not limited to, damages caused by the content, goods, or services provided by these third parties, or any reliance on the accuracy, completeness, or usefulness of such content, goods, or services. Users are responsible for making their own assessments of the terms, conditions, and risks associated with such engagements.

8 - Payment of Service Purchase Fees

8.1. The determination and payment of service purchase fees shall be in accordance with the policies set by each respective payment service provider, available at: https://docs.nine-chronicles.com/introduction/legal-documents/refund-policy. These policies are subject to adjustments from time to time in accordance with to the respective payment service provider's guidelines.

8.2. The actual amount billed for service purchases may differ from the displayed price due to varying exchange rates and commission rates determined by each payment service provider.

8.3. Refunds for service purchases may only be granted under the following circumstances, and requests for refunds outside of these cases cannot be accepted:

8.3.1. In the event that the Group's fault or negligence results in the loss or damage of goods or in similar circumstances that are beyond the user's control.

8.3.2. In the event that the actual content of the service differs substantially from the information or advertisements displayed or provided to the user prior to the service purchase.

8.4. Users requesting a refund should submit a refund request form stating the reason for the refund. The refund request form is available on the homepage (at https://planetariumhelp.zendesk.com/). The refund request form should be submitted to the Group in writing through email (at [e-mail]), one-on-one inquiry, or similar communication methods. The refund request must be submitted within fifteen (15) days from the date of the service purchase.

8.5. The Group shall use its best endeavours to respond to refund requests within thirty (30) days from the date of receiving the refund request form. If the Group is unable to respond within this timeframe, it will notify the user will be notified with the reason for the delay and the expected timeline for processing.

8.6. Should a refund for service purchase fees be warranted, the amount refunded may be adjusted to account for any price differences and refund processing fees, based on the usage and duration of the service.

8.7. The Group is only responsible for refunds or similar obligations for services purchased directly from the Group. The Groupdoes not assume any responsibility for services, purchases, or payments made through third parties. Users must seek any refunds related to third-party transactions directly from the involved third party.

9 - Termination

9.1. Users may terminate these Terms at any time by notifying us of your intent to terminate the Service through the "Delete Account" feature available in the "Settings" menu of the Game. Users acknowledge and agree that these Terms will continue to apply to the User's retained Digital Assets and information even after the termination of these Terms.

9.2. If maintaining the Service becomes challenging in the Group's sole discretion, the Groupmay discontinue the Service permanently due to technical or operational demands. In such scenarios, the Group will notify users of the termination date, reasons, and any compensation at least thirty (30) days in advance of effecting such discontinuation. For the avoidance of doubt, this refers to the discontinuation of the Service (i.e. the Nine Chronicles app and web service), not the discontinuation of the Nine Chronicles blockchain network itself.

9.3. In the event of the termination of these Terms and/or the Service, no compensation can be claimed for any paid Service with remaining unused periods. However, for paid services with no usage limitations, the usage period shall be considered until the service termination date for the corresponding paid items.

9.4. All provisions intended to survive the termination of these Terms shall remain in effect even after the termination of these Terms.

10 -Severability

To the maximum extent permitted by law, if any provision of these terms and conditions is found to be illegal, invalid, or unenforceable under the local laws or jurisdiction of a competent court, that provision shall be deleted, and the remaining terms and conditions shall remain in full force and effect.

11 – Entire Agreement

These Terms and any policies and/or documents incorporated herein constitutes the sole and entire agreement between the relevant parties and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

12 - Governing Law and Jurisdiction

12.1. Any disputes arising out of, in relation to and/or in connection with these Terms, including any dispute(s) regarding its existence, validity and/or termination, shall be governed by the laws of Singapore to the exclusion of conflicts of law principles.

12.2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

Last updated: August 8th, 2023