Purpose of the Terms of Use

These LostARK Open API Terms of Use (these “Terms”) set forth the nature of the rights, duties, and obligations of Smilegate RPG, Inc. (the “Company”) and the users (the “User”) of the API Open Service (the "API Service" or the "Service"), an API (“API”) to the Company’s online game “Lost Ark” (the “Game”), and other matters as necessary, in relation to the use of the Service.

Accepting and Agreeing to the Terms of Use

The User can use the Service after accessing the Lost ARK Open API website (“Website”) and accepting these Terms. The User cannot use the Website or the API Service offered through the Website unless the User has accepted both these Terms and the Privacy Policy.

Changes to the Terms of Use

The Company may amend and update these Terms from time to time, as long as doing so does not violate applicable laws and regulations. When updating these Terms, the Company will post on the Website the updated version of these Terms (the “Updated Terms”), together with the date from which the Updated Terms will take effect (the “Update Effective Date”), the changes made to the Terms, and the reason for such changes (the “Update Notice”), from at least seven (7) days prior to the Update Effective Date (or at least thirty (30) days prior to the Update Effective Date if the Terms are changed to the disadvantage of the User), until a considerable time has passed from the Update Effective Date. The User is responsible for checking any changes to these Terms by visiting this page from time to time. If the Company has indicated with or in the Update Notice that the User will be deemed to have accepted the Updated Terms unless the User expressly notifies the Company of its refusal to accept the Updated Terms, the User’s continued use of the Website and/or the Service on or after the Update Effective Date without such express refusal will be considered as the User’s acceptance of the Updated Terms.

If the User does not accept and agree to the Updated Terms, the User will not be permitted to use the Website or the API Service offered through the Website after the Update Effective Date

Duties and Obligations of the User

The User must use the Website and the API Service for lawful and legitimate purposes, in lawful and legitimate manners. Any User who engage in any restricted activities, including without limitation the following, may be subject to certain penalties including warnings, requests for corrections, or restriction of the User’s access to the Website or the API Service:

• Submitting false information when applying to use the Service or changing the user information
• Identity theft (including personal data or payment information)
• Impersonating an employee, Service operator, or another related personnel of the Company
• Changing the information posted by the Company or using the Service in an unauthorized or irregular manner
• Transmitting or posting information prohibited by the Company (computer programs, etc.)
• Infringing—or encouraging, promoting, acquiescing, or facilitating the infringement of—the Game or any rights of the Company and/or other third parties, including all intellectual property rights (trademarks, patents, etc.)
• Tarnishing the reputation of, or interfering with the business of, the Company or other third parties
• Using the API Service for a website or an application that promotes, facilitates, or encourages fraudulent, obscene, or illegal activities, including deceptive impersonation or child exploitation
• Using the Website or the API Service in a manner that is excessively sexual, racist, political, violent, or interfering with the use of the Website by other Users
• Using the Service provided by the Company to facilitate illegal gambling or other immoral deeds
• Exploiting or abusing bugs in the Service
• Using the API Service to indicate or imply political endorsement
• Changing, revising, or deleting any content, service, or functionality of the Game
• Using the Website or the API Service in a manner that can disable, overload, or damage the Website or interfere with the use of the Website by other Users
• Damaging, interfering with, or attempting unauthorized access to the Website or the server providing the API Service
• Using the API Service to create, or otherwise for or in connection with, spyware, adware, or other malicious codes
• Reverse engineering, decompiling, disassembling, or attempting to directly access the Game and/or the API source codes
• Using the API Service for revenue generation, marketing, advertisement, or other similar commercial activities, without the consent of the Company
• Any act that is prohibited by relevant laws and regulations, or is against public morals or other social norms

The Company shall not be responsible for any damage, loss, cost, expense, etc., incurred as a result of or in connection with the User’s use of the Website and/or the API Services in any manner or for any purpose that is not authorized by the Company, or the User’s violation of these Terms. The Company may take all necessary legal actions against the User if such actions of the User infringe the rights of, or cause damages to, the Company and/or a third party

Monetization Policy

The Company does not allow the User to monetize, or commercially exploit, any application or website created using the API Service, without the Company’s prior approval. However, the User may be permitted to do the following to cover the costs and expenses of creating and operating the application or website of the User, subject to the User’s submission of the prior request for approval, and the Company’s approval.

• Advertisement – Advertisements may be allowed to generate revenue to cover the operational expenses and costs.
• Donations – Donations may be allowed to cover the operational expenses and costs. However, all donations must be voluntary. Those not making any donations must not be put at any disadvantage or be discriminated against compared to those who do.

The User’s access to the API Service authorized by the Company may be terminated if such monetization features are implemented without the Company's approval, or if the Company determines at its discretion that excessive revenue greatly surpassing the costs and expenses actually needed for the operation of the application or the website is being generated through such monetization features.

Intellectual Properties

The Company owns and retains all rights, including all intellectual property rights, to all content on or related to the Website and/or the API Service, including all information, software, text, display, image, video, audio, design, etc. (collectively, the “Content”). The User must not infringe them.

Storing any Content, including by printing, copying, modifying, or downloading them, or providing such stored materials to others, constitutes a violation of these Terms. The Company may restrict the violating User’s authorization to access the Website or the API Service pursuant to these Terms.

Usage Restrictions

The User needs to apply for the use of the Service and obtain the Company’s approval in order to use the Website or the API Service. The User may be asked to provide some information necessary for registration during the process. The User must provide accurate information as required for the API Service use approval. The User’s access to the Website or the API Service may be restricted if the information provided by the User is found to be false or inaccurate. The Company reserves the right to withdraw or modify the Website and/or any services, information, data, and materials provided on or through the Website, without any prior notice to or consent of the Users. The Company shall not be held liable for any failure to provide the Website or the API service, whether due to any service failure, interruption, or any other reason. The Company may, at its sole discretion, restrict the User’s access to the Website and/or the API Service in the event of an excessive network traffic, a cyberattack, etc.

Licensing Restrictions

The User must not sell or license an application or a website created using the API Service provided on the Website to charge an access fee for accessing the Game information through the Website, or demand an access fee for the Game information. Upon discovery of such activities, the User’s authorization to access the Website or the API Service will be restricted pursuant to these Terms.

No Representation, No Warranty

The Website and the API Service are provided by the Company free of charge.

THE WEBSITE AND THE API SERVICE ARE PROVIDED BY THE COMPANY TO THE USER “AS-IS,” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES, INCLUDING THE FOLLOWING WARRANTIES:

• Continuity of the Service
• Fitness and reliability of any data
• Real-time data synchronization
• Being unaffected by any malware or computer virus infection, etc.

The Company shall not be liable for any damage, loss, etc., incurred in the course of, or in connection with, any use of the Website or API Service, unless the Company has caused it intentionally or through its gross negligence.

Collection of Data

The Company may collect and use the log data, excluding any personal data of the User, to improve the service of the Website or the API Service.

Governing Law and Choice of Forum

These Terms are governed and interpreted in accordance with the laws of the Republic of Korea (“Korea”). The Company and the User must make all necessary efforts to amicably resolve any dispute that may arise in relation to the Service. If a lawsuit is nevertheless to be filed, such lawsuit must be filed exclusively in the courts of Korea, in accordance with the procedures set forth in the laws of Korea.