This English text is a translation provided for convenience. In the event of any discrepancy between this translation and the Korean original, the Korean version prevails.
Article 1 (Purpose)
These Terms of Service govern the rights, obligations, and responsibilities between niceday Inc. (the "Company") and users in connection with the use of the mobile application Sumbi and related services (the "Service").
Article 2 (Definitions)
"Service" means the digital wellbeing service that lets users set and record periods during which they voluntarily refrain from using their smartphone (a "dive"), and use in-app content (such as sea creatures) based on the results.
"Account" means the right to use the Service created by a user through social sign-in (Apple, Google, Kakao, etc.).
"Dive records" means records generated while using the Service, such as a dive's start time, set duration, and result (completed or surfaced).
"Creatures" means digital content within the Service that users meet or invite for a fee, and that belongs to the user's account.
Article 3 (Posting and Amendment of Terms)
The Company posts these Terms on the Service's initial screen or a linked page (sumbi.app).
The Company may amend these Terms to the extent not in violation of applicable laws of the Republic of Korea, including the Act on the Regulation of Terms and Conditions and the Act on Promotion of Information and Communications Network Utilization and Information Protection.
When amending the Terms, the Company will announce the effective date and reasons within the Service at least 7 days before the effective date (at least 30 days for changes unfavorable to users).
Article 4 (Formation of the Use Agreement)
The use agreement is formed when a user agrees to these Terms and creates an account via social sign-in.
Children under the age of 14 may not sign up for the Service.
Article 5 (Content of the Service)
The Company provides the following: setting, judging, and recording of dives; encounters with sea creatures and tending of "My Ocean"; buddy pairing; and paid creature invitations (in-app purchases).
Success or failure of a dive is judged based on server time, and the criteria (exhaustion of breathing room, voluntary stop, indeterminable status, etc.) follow the policy stated within the Service. A dive that cannot be judged due to force-quitting the app, device reboot, battery depletion, or manipulation of the device clock is treated as a failure.
Encounters with creatures are subject to probability, and probability information is disclosed within the Service. Paid purchases do not affect encounter probability.
Article 6 (Paid Services and Payment)
The Company may sell non-consumable in-app products that unlock specific creatures (one-time purchase, permanent ownership). The Company does not sell subscriptions or randomized (loot-box) products.
Payments are processed through the Apple App Store or Google Play billing systems. Prices are displayed in each store's local currency and include applicable taxes.
Withdrawal of purchase and refunds follow each store's policies and applicable laws, including the Act on Consumer Protection in Electronic Commerce of the Republic of Korea.
If a minor makes a payment without the consent of a legal guardian, the minor or the legal guardian may cancel the payment in accordance with applicable laws.
Purchased creatures belong to the account and may not be transferred, sold, exchanged, or redeemed for money.
When changing devices, signing in with the same account restores purchase history.
Article 7 (User Obligations)
Users must not: use another person's account; circumvent or manipulate the Service's judging system (including manipulating the device clock); access or reverse-engineer the Service's source code or data without authorization; or engage in acts that violate applicable laws or public order and morals.
A dive suspected of clock manipulation or similar interference may be deemed indeterminable and treated as a failure. No separate penalty is imposed.
Article 8 (Buddy)
A user may pair with one other user as a buddy to receive notifications of each other's dive results.
A buddy connection may be ended at any time, and the other party is not separately notified. Buddy marks remaining in dive records from before the disconnection are retained as a record of fact.
Article 9 (Account Deletion and Data)
Users may delete their account at any time from the settings menu within the Service.
Upon account deletion, all data including My Ocean, dive records, and purchased (invited) creatures is deleted immediately and cannot be recovered. The Company clearly notifies the user of this fact and obtains confirmation before deletion.
Non-consumable products that have already been used (unlocked) are not refunded due to account deletion. This does not affect any right of withdrawal recognized under applicable laws.
Article 10 (Changes and Discontinuation of the Service)
The Company may change all or part of the Service as operationally or technically necessary, and will give advance notice of material changes.
If the Company terminates the Service, it will give notice at least 30 days before the termination date and take measures required by applicable laws with respect to paid products.
Article 11 (Intellectual Property)
All intellectual property rights in the content included in the Service, including characters, illustrations, text, and software, belong to the Company. Users are granted only a non-exclusive license to use the Service within its intended scope.
Article 12 (Limitation of Liability)
The Service is a tool that supports users' voluntary choices; the Company does not guarantee improvement of users' smartphone habits.
The Company is not liable for damages arising from causes beyond its reasonable control, such as force majeure or failures of devices or network environments, except in cases of the Company's willful misconduct or gross negligence.
Article 13 (Governing Law and Jurisdiction)
These Terms are interpreted in accordance with the laws of the Republic of Korea, and disputes related to the use of the Service shall be brought before the courts having jurisdiction under the Civil Procedure Act of the Republic of Korea.