[UPDATED] August 21 MapleStory Universe Legal Documents Update

Revised Terms

[UPDATED] These Terms of Service and End User License Agreement (these “Terms”) are an agreement between you and Nexpace (the “Company”, “we”, “our” or “us”). These Terms govern the access to and use of the platform operated by us, which comprises our websites, mobile applications, forums, marketplaces, blogs, hubs, tools, protocols, games, interactive software products and services, and any supporting servers used to deliver our services (collectively, the “Platform”) and the community which consists of Platform and third-party integrations to the Platform, including applications, services or experiences using MSU IP (as defined below), MSU open APIs and/or other development resources provided on the Platform (each such applications, services or experiences, a “Synergy App”) developed by third parties (“MSU Community”), by all end users (“Users”). The Platform includes a gaming community, including but not limited to MapleStory Universe: MapleStory Universe Web (the “MSU Web”), MapleStory N (“MSN”) and other projects in the MSU Community.

※ The term “dApp” has been replaced with “Synergy App” throughout the Terms.

III. USE OF THE MSU COMMUNITY

[ADDED] G. Data accessed via APIs and Commercial Use. Users’ data may be accessed by third parties, including developers and any subsequent acquirers, via our APIs provided through the MSU Community subject to these Terms, Builder Terms of Use and applicable Additional Terms. For additional detailed information in connection with data accessible via our APIs, please refer to our privacy policy. Some Synergy Apps developed through use of our APIs may generate revenue through their operations, and the Company may collect fees in return for providing the infrastructure, tools, and resources (including APIs) necessary to support the operation of the Synergy Apps. The criteria, method, and rate for imposing this fee will be determined by a separate agreement between the Company and the developers. By using the Synergy App, you consent to these Terms and the Additional Terms. Please note that if you do not agree to these Terms and/or the Additional Terms, we may not be able to offer you our services, enable your participation in the MSU Community, or allow the proper functioning of Synergy Apps that depend on your data.

XI. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

[ADDED] O. Synergy App.

SYNERGY APPS ARE SERVICES PROVIDED BY THIRD-PARTY DEVELOPERS, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE REGULATORY COMPLIANCE, DEVELOPMENT, OPERATION, PERFORMANCE, SECURITY, QUALITY, OR CONTENT OF ANY SYNERGY APP. ALL COSTS AND RESPONSIBILITIES RELATED TO THE DEVELOPMENT AND OPERATION OF SYNERGY APPS SHALL EXCLUSIVELY BE BORNE BY THE RESPECTIVE DEVELOPERS. USERS ACKNOWLEDGE AND AGREE THAT ANY DISPUTES ARISING BETWEEN A USER AND A DEVELOPER CONCERNING THE USE OF THE RELEVANT SYNERGY APP MUST BE RESOLVED BETWEEN THE RELEVANT PARTIES, AND THE COMPANY SHALL HAVE NO RESPONSIBILITY TO RESOLVE SUCH DISPUTES. THE COMPANY IS NOT LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM OR IN CONNECTION WITH SYNERGY APPS.

Revised Terms

5. Types of Data, Purposes of Processing and Legal Basis for Processing

Personal Data processed:

Technical information

[UPDATED] Vaccine, firewall, process and module, screenshots, FPS

[ADDED] In-game character ID, server, play data (including access time, play time, and chat information), wallet address, and Digital Assets balances connected to the wallet address.

Verification information and wallet information

[UPDATED] 

• Facilitate regulatory compliance process (e.g., KYC) 

• Prevent fraud and ensure safe transactions 

• Verify your identity, and ensure eligibility 

• Verify legitimacy and eligibility of your wallet 

[ADDED] Identification information (name, gender, date of birth, issuing country, ID expiry date, ID number, etc.), captured facial image, IP address, address information and etc.

[ADDED] Payment authentication information

• Personal Data processed
  • Email address, mobile number, IP address, and other necessary personal information required for payment authentication 
• Purpose/activity

  • Facilitate secure payment authentication process (e.g., 3D Secure) 

  • Prevent fraud and ensure  safe trasnactions 

• Legal basis 

  • Your consent. 

  • Performance of our contract with you. 

  • Necessary to comply with a legal obligation. 

• Mode of Collection 
  • Through third party service providers 

Purpose/activity:

[ADDED] Enable authorized third parties to access and use data for the purpose of conducting analysis, visualization, and sharing insights for informational purposes and to support related downstream activities in connection for the MSU Community. 

[ADDED] Develop, operate, and provide APIs, including enabling authorized developers to access and use user data through such APIs for the purpose of building, operating, and supporting Synergy Apps (which may include commercial use), and to enable related downstream services and activities built in the MSU Community

[UPDATED]

• Facilitate regulatory compliance process (e.g., KYC)
• Verify your identity
• Verify legitimacy and eligibility of your wallet

Mode of Collection:

[UPDATED] Through third party verification service providers

[ADDED] 6.2. Synergy Apps are essential elements of the MSU Community (as defined in the “Terms of Service”), and some of the functionality of these Synergy Apps may rely on data accessible via our APIs. Through these APIs, developers may query data using in-game asset keys (such as wallet addresses and character IDs) to retrieve information including, but not limited to character information, item information, Digital Asset balances, metadata, NFT details, or Marketplace transaction data. Although such data may be publicly accessible via the blockchain, your consent is required for us to collect, process, and provide this information in the form of structured APIs to developers for the purpose of building Synergy Apps (which Synergy App may or may not be used by you). Some Synergy Apps may used for commercial purposes, i.e., generate revenue through their operations or advertising, and the Company may collect fees in return for providing the infrastructure, tools, and resources necessary to support operation of the Synergy Apps. Accordingly, your consent forms the basis not only for participation in the MSU Community but also for enabling downstream services and commercial activities built upon it. Without such consent, we may not be able to offer you our services, enable your participation in the MSU Community, or allow the proper functioning of Synergy Apps that depend on your data.

[UPDATED] 9. Links to Synergy Apps or Third-Party Websites

The Platform or communications through the Platform may contain links to Synergy Apps or other third-party websites which are not owned or operated by us and are regulated by their own privacy policies. If you click on a Synergy App or a third-party link, you will be directed to that Synergy App or third-party’s site. We strongly advise you to carefully review the policy of every such Synergy App or third-party site you visit. As Synergy Apps are services provided by third-party developers, you must refer to the separate privacy policy provided by the relevant Synergy App for detailed information regarding the operation of, and data processing in connection with, such Synergy App. We are not responsible for the privacy policies of these Synergy App or third-party websites, regardless of whether they were accessed using the links from our Platform. We have no control over and assume no liability for the content, privacy policies or practices of any Synergy App or third party sites or services.

10. Sharing of Personal Data with Third Parties

[ADDED] 10.3.6 Sharing with Synergy App developers: In connection with the performance of our services, we may share your on-chain and off-chain game or non-game data including but not limited to character information, in-game item information, Digital Assets balances, metadata and NFT details, Marketplace transaction data associated with the in-game asset keys (such as wallet addresses and character IDs). All the data included in the APIs are either on-chain data or metadata publicly disclosed on the blockchain. For example, your in-game character information may be visible to other users of the Platform or the Synergy App or third party sites and services.

[ADDED] 10.3.8 Blockchain Data: Certain information that you record or generate in connection with the use of our services is stored on public blockchains. Such information is inherently transparent, immutable, and outside the Company’s control, and may therefore be publicly accessible to third parties and cannot be modified or deleted by the Company. As a result, this information may be permanently publicly accessible to third parties. The Company does not determine or control how data on public blockchains is processed, accessed, or used by third parties, and disclaims any responsibility or liability in this regard. You should carefully consider the information you choose to record on public blockchains, as such data will become part of a permanent public record that is beyond the Company’s ability to manage or remove. 

14. Data Retention and Records

[UPDATED] 14.3 Certain Personal Data, including but not limited to the KYC verification information, may be retained for a longer period to comply with legal, accounting, reporting, government, regulatory or law enforcement requirements, or for policy reasons such as the prevention, detection or protection against fraud, abuse, or misuse of the Platform or for dispute resolution, up to a maximum of eight (8) years or as required by applicable laws.

15. Data Storage and Data Transfers

[UPDATED] 15.3 We may transfer some of your Personal Data, including to Synergy App developers or other third parties located outside the ADGM. Some of the developers, international organizations and countries to which your Personal Data may be transferred will benefit from an appropriate data protection regulatory framework as evidenced by an adequacy decision by the appropriate regulatory authority. However, this may not always be possible. For such international organizations and countries, we shall transfer your Personal Data, only upon ensuring that a suitable degree of protection is afforded to it through the implementation of the necessary safeguards, such as adequate binding corporate rules or through the inclusion of standard contractual clauses in our agreements with such organizations and countries. If sought by you, we shall notify you of the specific safeguards we adopt to transfer your Personal Data to such an international organization and/or country.