Terms of Use

EFFECTIVE DATE: 18th February 2024

Thanks for your attention! This Terms of Use (the “Terms”) form a legally binding agreement between you (“you” or “user”) and HK KURO GAMES LIMITED with all its affiliates (“KURO GAMES”, “us” or “our”). The Terms applies to your access to or use of the Game, mobile applications, software, websites, in-game online forums/bulletins, player community and other Services and functions (collectively, “Services”) provided by us and the third parties authorized by us.

Please read the Terms carefully before downloading, installing, accessing and using the Services. In particular, attention should be paid to the following items of significance:

(1) Arbitration: the terms contain a mutual agreement to arbitration and a waiver of class action rights. Except for certain types of disputes mentioned in that arbitration clause, you and us agree that disputes between us shall be resolved by binding arbitration, and you and us waive any right to participate in a class-action lawsuit or class-wide arbitration.

(2) Declaration of Legal Competence: you hereby state that you are an adult reaching the legal adult age of the country or region you are in. If you have not reached the legal adult age, your parents or legal guardian must agree to the Terms.

(3) Virtual Items: if you click to “purchase”, “earn”, “accept” or “get as gifted” a Virtual Item, you only obtain the license to access that Virtual Item. You have no proprietary right of any Virtual Item that you unlock or acquire, and cannot dispose of the Virtual Item to anyone else. The Virtual Item is of no monetary value and normally serves specifically for a particular game or service. You cannot redeem any kind of legal currency with the Virtual Items.

(4) User Conduct Rules. You agree to abide by our user conduct rules when you access and use our Services.

If you do not agree with the Terms, do not download, install or use the Services. By clicking the “Register” button (if applicable) or accessing or using our Services, or downloading or releasing any content through our Services, you hereby acknowledge and agree that you have read, understood and agreed to be subject to the binding Terms, even if you have not yet registered a KURO GAMES account (as defined below). Some Services may have different service-specific clauses (“Specific Clauses”) and conditions, or may request you to agree to and accept such additional Specific Clauses. In case of any conflict between the Terms and the Specific Clauses, the Specific Clauses applicable to the specific service that you use or access shall take precedence.

1. Account

(1) Age. To create a KURO GAMES account (as defined below) and access some of our Services, you must be at least the minimum age for personal data collection required by the laws in the country or region you are in. If you are between the minimum age for personal data collection required by the country or region you are in and the adult age, your parents or legal guardian must read and accept the Terms on your behalf, and your parents and legal guardian shall be responsible for the conduct of their minor children while the latter use our Services.

Verified and agreed by the parents or legal guardian, we may allow a minor below the minimum age for personal data collection to register for certain Services. Permitted by applicable laws, the parents or legal guardian may be requested to provide additional documents or perform additional operations as part of the verification and approval process. We strongly recommend that parents and legal guardian use relevant functions such as parent control on the device they provide for their children.

(2) Create an account. To access certain parts of the Services, you may need to create an account (the “KURO GAMES account”). You can use an existing KURO GAMES account you already have with us, or use your email address to create your KURO GAMES account.

If you create your KURO GAMES account using a third party account (e.g., your Facebook or Google account), we may obtain certain Personal Information provided to us by that third party, such as your email address and name, to help create your KURO GAMES account. For more information about the use of a third party account, please refer to our Privacy Policy. Please note that you may be able to access and use the Services without creating a KURO GAMES account, but you may not be able to access some parts of the Services, and, as for the Game service, your game data may be deleted if you uninstall or delete the Game otherwise.

(3) Update your information timely. Please provide us with accurate, complete and last-updated information related to the KURO GAMES account you use, and agree to update this type of information to maintain this status. If not so, we may set limit to, freeze or terminate your KURO GAMES account.

(4) It is forbidden to share or trade the KURO GAMES account. You must not sell, resell, rent, lease, share or offer the access to your KURO GAMES account to anyone. You agree that you will not disclose your KURO GAMES account password to anyone, and will inform us immediately in case of any unauthorized use of your KURO GAMES account. You are responsible for all activities that occur under your KURO GAMES account, whether or not you know about it. If you believe that your KURO GAMES account is no longer safe, you must contact us immediately via wutheringwaves_ensupport@kurogames.com. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, and, in serious cases, to contact your internet service provider (ISP) directly regarding such unauthorized use.

(5) Fake account is forbidden. You must not create a KURO GAMES account for others or in a name other than yours

2. Ownership

Our Services are under the protection of the copyright, trade mark and other laws of the People’s Republic of China and those of the country or region you are in. We and the relevant authorized party claim exclusive proprietary rights, all intellectual property rights and all other interests of the Services, and exclusive proprietary rights, all intellectual property rights and all other interests of any and all data and content provided in and through the Services, including without limitation all software, computer codes, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, objects, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, game play, catch phrase, dialogue, chat log, recording and broadcasts of game, matches, battles, in-game items, in-game activities, and all intellectual property rights related thereto, including without limitation any patent, copyright, trade mark, service mark, trade name, domain name right, moral rights and business secret, and application right to all the aforementioned rights (“KURO GAMES Content”). You must not delete, modify or conceal any copyright, trade mark, service mark or other exclusive rights declaration contained in or attached to our Services.

3. Limited License

(1) Subject to the Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services for non-commercial use and solely in compliance with the Terms. We reserve all rights not expressly granted in the Services. You acknowledge and agree that we may terminate this license at any time based on applicable laws or our business judgment.

(2) Regarding the policy in relation to fan works, please abide by our guideline for fan works. Without our prior written consent, you must not use any of our brands, service marks, trade names, domain names, slogans or commercial appearances.

(3) Where our Services may contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.

(4) Your use of the KURO GAMES Content for any purpose not expressly permitted by the Terms is strictly prohibited. KURO GAMES Content may not be downloaded, copied, reproduced, distributed, transferred, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including KURO GAMES Content). You shall only use the Services as expressly provided in the Terms or Specific Clauses, or to the extent permitted by applicable laws. We and our licensors reserve all rights not expressly granted.

4. Virtual Items

(1) The Services may offer you the opportunity to acquire Virtual Items, including without limitation in-game currency (such as Lunite, Black Card, Rainbow Card, Cogs, etc.) and in-game digital items such as character skin and characters. When you acquire such Virtual Item by purchasing with real-world currency, you acknowledge and agree that what you acquire or purchase is the limited license to such Virtual Items. You further acknowledge and agree that Virtual Items are of no monetary value and cannot be redeemed for cash (including without limitation legal currency, digital currency or other currency) or in-kind, and that Virtual Items must not be used for investment purpose.

(2) You acknowledge and agree that Virtual Items are licensed to you rather than sold to you (although such expression as “sale” may have been used in our marketing or publicity activities). If you abide by the Terms, we may grant you limited license and right to access and use the Virtual Items in accordance with the Terms, whether the Virtual Items are acquired with a fee or otherwise. Any access to or use of the Virtual Items not expressly authorized in the Terms is against the Terms and may cause your account to be frozen or banned. Except for limited license granted above, we reserve the proprietary rights, all intellectual property rights and all other interests of the Virtual Items.

(3) We reserve the right to modify, manage, control or delete the Virtual Items (including the pricing) at our discretion. You acknowledge and agree that your Virtual Items may change as a result of our Service improvement or for some regulatory or law-related reason. We may take action at any time which may affect the perceived value or purchasing price (if applicable) of the Virtual Items, unless otherwise required by applicable laws.

(4) You agree and acknowledge that due to the particularity of the game service, there is no transaction involving physical goods in the game service, and the purchasing experience comes from the license of digital functions in the online game service that we provide as game developer and distributor.

5. User Content and User Feedback

(1) User Content refers to the text, data, graphics, images, photos, video or audio-visual content, hypertext links and any other content that you upload, transfer or submit in the Services or through our Services. You hereby grant us worldwide irrevocable, permanent, non-exclusive, transferable and royalty-free license to such User Content, as well as the right to sublicense, use, copy, adapt, modify, distribute, sell, transfer, publicly display and perform, transmit and distribute on the Internet, and broadcast such User Content or otherwise. We do not claim any proprietary right to any such User Content, and no content of these clauses should be deemed as limiting any of the right you may have to use and utilize such User Content. To the maximum extent permitted by applicable laws in the country or region you are in, you waive any moral right you may have over the User Content in relation to the User Content that we use. If waiver of moral right is not permitted by local laws, you grant us the right to use your User Content and all elements of the User Content (whether or not it includes your name or nickname), as well as to edit your User Content at our sole discretion. You acknowledge and agree that you are fully responsible for all the User Content that you provide in our Services or through our Services. Therefore, you represent and warrant that you are the sole proprietor of all User Content you provide in our Services or through our Services, or you have the right to grant us the aforementioned rights; the User Content itself, and your act of release, upload, publication, submission or transfer of User Content, as well as our use of User Content in the aforementioned manner, will not misappropriate, infringe or damage the lawful rights and interests of a third party, such as the intellectual property, or breach any clause of the Terms, or cause a violation of any applicable law or regulation.

(2) If you make any feedback or submit any idea, suggestion or material (“User Feedback”), we have the right to use the User Feedback at our discretion, that is, you grant us worldwide, permanent, irrevocable, sublicensable, transferable, non-exclusive and royalty-free right and license to use, copy, distribute, adapt, modify, translate and create derivative works based on User Feedback, and publicly perform and display, digitally perform, make, sell, offer to sell the User Feedback, and apply the User Feedback to the Game, including all copyright, trade mark, business secret, patent, design and all other intellectual property rights and exclusive rights related to them, in any existing or future media, for any purpose (commercial or others), including providing them to others without offering any compensation to you. As far as necessary, you agree that you commit to sign and deliver any and all documents and to conduct any and all necessary acts to ensure that the right to use your voluntarily provided ideas that you grant us as described above is valid and executable. You waive these rights and agree not to claim these rights to the maximum extent permitted by the laws in the country or region you are in.

(3) During your access to and use of our Services, you may encounter User Content or User Feedback that makes you feel offended or consider as improper. You are informed of and acknowledge that we are not responsible for any failure to delete (or delay to delete) any such content. You may contact our customer service via wutheringwaves_ensupport@kurogames.com.

6. Payment and Refund Policy

(1) Certain content of the Services may require you to pay. You agree to provide accurate and complete payment information to us or other third party payment service providers, and to pay all fees and applicable taxes incurred by your KURO GAMES account. We may change the price of any part of the Services at any time. When you provide payment information to us or our authorized third party, you confirm that you are the authorized user of the payment method designated by you and that you authorize us to charge the full amount of the transaction fee through this payment method.

(2) According to the applicable laws or relevant app store policy, all the Services and Virtual Items are still our properties and are of no monetary value, and cannot be redeemed. You acknowledge and agree that any fee paid for obtaining a license containing the Virtual Items is non-refundable and non-transferable, and you are not entitled to a refund of any Virtual Item. Based on the Terms, we may revoke your license of such Service or Virtual Item at any time without notice to you, and we do not hold any responsibility for you. Your orders for limited license to Virtual Items are offers for use of those Virtual Items, and if accepted, those Virtual Items will be immediately downloaded to your KURO GAMES account.

(3) Unless it is stipulated by the law of the country or region you are in that the right of revocation cannot be waived by contract, when you purchase and use any Service or Virtual Item, you hereby waive the right of revocation of such purchase or use, and you agree that you cannot obtain a refund (or any alternative remedy) in relation to the Service or Virtual Item. In addition, you hereby agree that the relevant right of revocation expires immediately after you purchase or deliver the Service or Virtual Item, unless otherwise stipulated by the law of the country or region you are in. This section does not affect your legal rights.

(4) If, at the time of purchase, you have not reached the legal adult age stipulated by the applicable laws of the country or region you are in, you can make payment only with the participation of your parents or legal guardian, and you warrant that your parents or legal guardian have read, understood and agreed to these Terms.

(5) You shall pay for all the network data charges that may arise from using our Services, including without limitation network, text message and mobile data charges. Before using the Services, you should know or inquire from your service provider what charges may incur.

(6) If you have any question about the refund policy, please contact our customer service via wutheringwaves_ensupport@kurogames.com.

7. User Conduct Rules

(2) You are prohibited from participating in the following activities directly or indirectly during the use of our Services:

a) Any act or activity against relevant laws, regulations or rules of the country or region you are in;

b) Unfriendly acts such as vulgar expression, abusive word, harassment, stalking, threat and spoof against us or others;

c) Use of any payment method unauthorized or unpermitted by us;

d) The act of impersonating as us, our employees or any other individual, enterprise or entity in any way;

e) Use and spreading of, or assistance in the dissemination of unauthorized third-party programs such as cheating programs or other malicious game programs;

f) The act of avoiding, bypassing, deleting or disabling the technical measures we take in any form;

g) The act of disseminating or assisting in the dissemination of any plug-in, Trojan program or virus of any type;

h) The act of disseminating information or material against the custom, religious belief, habits or social ethics of the public;

i) Any act of violating or assisting in violating intellectual property rights and other lawful rights and interests of others (including us), including without limitation the deletion, modification or concealment of any of our copyright, trade mark, patent or other exclusive right declaration contained in the Services, or release contents violating the patent, trade mark, business secret, copyright, personal rights or other rights of others;

j) The act of disclosing, providing, disseminating or otherwise providing any non-public information or false/fake information about us or others;

k) The act of sending junk email (spam) and repeated complaints, etc., that disrupts normal order;

l) The act of inducing or encouraging others to violate the Terms;

m) Any other improper act or expression that we judge may damage our reputation and interests.

(3) If you breach the Terms, we have the right, at our discretion, to choose one or more methods from giving caution, suspending your access to the Services, terminating/freezing your account, terminating your access to the Services and/or immediately terminating the Terms, without notice to you. We reserve the ultimate right to form judgment on your misconduct and take actions accordingly. We reserve the right to mediate, resolve or otherwise intervene in any dispute between you and other users, but we are under no obligation to do so.

8. Applicable Law and Dispute Resolution

(1) Unless otherwise specified, the Terms shall be governed by the laws and regulations of Chinese mainland without regard to the principle of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods is clearly excluded from the scope of application.

(2) Dispute resolution is costly and time-consuming for all parties. To shorten the time and reduce the cost required for dispute resolution, you and us agree to try our best to reach an agreed solution to the dispute or claim (collectively, the “Dispute”) for compensation through negotiations.

(3) Binding arbitration: if both parties cannot resolve the Dispute through negotiations, you agree that any Dispute incurred by or in relation to this contract should be submitted to China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules in force at the time of application. The seat of the arbitration shall be in Beijing. The arbitration award is final and binding on both parties. The arbitration fee and compensation you should pay shall be borne by you.

(4) You and us agree that any arbitration shall be applicable only to the Dispute between you and us. You acknowledge and agree that (i) any arbitration will not involve any individual other than you; (ii) you have no right to initiate or join in class-wide arbitration or class dispute; and (iii) you have no right to authorize anyone to initiate or join in a class-wide arbitration or class dispute on your behalf.

(5) You and us agree that the following Disputes shall not be subject to the aforementioned negotiations and binding arbitration clause: (i) any Dispute in relation to the protection of our intellectual property rights; (ii) any Dispute in relation to theft, pirate and the program not authorized by us, or the Dispute incurred by such; (iii) application for repealing a court injunction. Such Dispute shall be under the jurisdiction of the people’s court having jurisdiction at the seat of KURO GAMES.

(6) To avoid doubt, for Disputes involving relevant data and technical aspects, you agree to take the data stored in our server as the standard for judgment. We guarantee the authenticity of these data.

9. Privacy Policy

For information on how we may use your personal data when you use our Services, please refer to our Privacy Policy. You acknowledge and agree to our Privacy Policy, which also applies to your use of our Services. Our Privacy Policy can be found directly on the Services or our official website, or where the Game is made available for download, on your mobile device’s applicable app store. By accepting these clauses or accessing the Services or the Game, you hereby consent to our Privacy Policy.

10. Warranty Disclaimer

All our Services are provided as original, without expressly or implicit warranty in any form. Without limitation to the aforementioned regulations, we explicitly disclaim any warranty of marketability, applicability for specific purposes, or non-infringement, or any warranty resulting from the transaction. We do not warrant that our Services will meet your requirements or be provided on an uninterrupted, safe or error-free basis. We make no warranty as to the quality of any product, Service and Virtual Item purchased or acquired through our Services or the accuracy, timeliness, authenticity, completeness or reliability of any content acquired through our Services. No advice or information (oral or written) acquired from us or through our Services shall constitute any warranty.

11. Indemnification and Limited Liability

(1) To the extent permitted by law, for any loss, injury or damage (whether due to breach of the Terms, by mistake or for any other reason) suffered by you due to your downloading, use of and/or access to the Services, our full liability to you is limited to the total amount paid by you to us within six (6) months preceding the first arbitration that you file. Despite any other provision in the Terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so.

(2) We provide the Services only for the use by individuals. We are not liable for commercial loss (such as any loss of profit, loss of business, interruption of business, loss of business reputation or loss of business opportunity). Neither do we assume any responsibility for any damage caused by your failure to install any of the updates provided by us or to maintain the minimum system specifications required. In addition, we shall not be liable for (i) any loss which is unforeseeable at the time you enter into the Terms, and (ii) any indirect or consequential loss.

12. Cheat Detection

The Services we provide may contain the software or function to detect cheat. Cheat means that in the Services (generally, “Game”), users achieve or attempt to achieve an unfair competitive advantage by means of any program, method, software or hardware. Please note that we may collect and transfer detailed information about your KURO GAMES account, gamelogs and any unauthorized program in accordance with our Privacy Policy. If you do not agree that we use the cheat detection software or function, all the licenses granted to you under the Terms will be automatically and immediately terminated, and you should immediately stop accessing or using our Services. If we detect any act of cheating, you agree that we may exercise our rights under the Terms.

13. Limitation and Termination

(1) Without limiting any other right of us, to the maximum extent under applicable laws, in case the following occur, we may suspend, modify or terminate your access to and use of the Services (including Game, Virtual Items, etc.) without having to take any responsibility and without notice to you:

i. You fail to abide by any clause or condition of the Terms or any agreement or policy referred to in the Terms;

ii. The applicable third party account owner terminates the third party account you use to log in to the KURO GAMES account;

iii. We stop providing Services in the country or region you are in;

iv. You fail to pay any fee that you owe to us;

v. Your KURO GAMES account has been dormant for 3 years continuously.

vi. We consider it necessary to suspend, modify or terminate your access to or use of the Services.

Once terminated, you will be unable to continue to exercise any of the rights granted to you, and you should immediately stop using our Services.

(2) Once your KURO GAMES account is terminated, you will lose access to that account. The terminated KURO GAMES account cannot be restored. You understand and agree that no matter for what reason your KURO GAMES account is terminated, the license of the Virtual Items you enjoy through this KURO GAMES account will be terminated, and you cannot continue to use it and cannot claim any right, and even if the Virtual Items in this KURO GAMES account are not used or completely consumed, you will not receive any compensation.

(3) Even if the Terms are terminated/expire, the obligations generated prior to the termination/expiration shall still be performed by you. In addition, all our rights and interests and the rights granted to us (if any) shall remain valid and continue to be valid after the termination of the Terms.

(4) If you believe that our limitation on or termination of your KURO GAMES account is unreasonable, please contact us for details at wutheringwaves_ensupport@kurogames.com. We will conduct a review but we may limit your account during the review.

14. Notice

To the maximum extent permitted by applicable laws, we may send notice to you in one or more of the following ways, including without limitation notice or announcement in the game, page announcement on our official website, website prompt, mobile phone text message, email or other contact information provided by you to us, and the content of notice includes without limitation various rules, notices, prompts, promotions or other information related to the use of our Services.

Once any notice is sent by us in any of the aforementioned ways, it shall be deemed to have been delivered to and be binding on you. If you do not agree, please inform us in writing within 15 days after receiving the notice. Otherwise, it is regarded that you have accepted and agreed to the notice.

15. Modification and Updates

(1) We may (but not necessarily) update the Terms whenever we consider it necessary. According to the applicable laws, if we do so, the system will give a prompt for you to agree to the updated Terms at your next access to the Services or otherwise. You must agree with these updates to continue using the Services.

(2) We may provide a patch, update or upgrade to the Services, and you must install it to continue using the Services. We may update the Services remotely without notice to you, and you hereby agree that we shall apply such patch, update or upgrade. If your device can block automatic updates, you may not be able to access the Services unless you update the Services manually on the device. We can modify, suspend, terminate, replace or limit your access to any aspect of the Services at any time. You agree that we do not undertake any maintenance or support obligations for the Services.

16. No Assignment

Without our prior written consent, you must not transfer the rights and obligations under the Terms by law or otherwise, and any attempt by you to transfer the rights and obligations of the Terms will be null and void. Despite the title of this section, we enjoy free and unlimited transfer of our rights and obligations under the Terms. According to the aforementioned rules, the Terms shall be binding on both parties, their successors and permitted assignees.

17. Force Majeure

We shall not be liable for any delay or failure to perform an obligation, including failure to fulfill the Terms due to circumstances unforeseeable or for any reason beyond our control, such as hack attack, cyberattack, data damage/loss (which we have taken reasonable measures to avoid), natural disaster, war, terrorism, bomb threat, disturbance, embargo, act of civil or military authorities, fire, flood, accident, strike or lack of transportation facilities/fuel/energy/labor or materials.

18. Miscellaneous

(1) Entire Agreement. The Terms and any other document or information referred to in the Terms constitute the entire and exclusive agreement between you and us in relation to the Services and replace any and all prior oral or written agreement between you and us in relation to the Services.

(2) Language. The Terms are originally written in English, and any translation is for reference only. To the maximum extent permitted by applicable laws, you waive any right to edit or explain the Terms in any other language granted to you by the laws of the country or region you are in.

(3) Severability. You may own other legal rights under the laws of the country or region you are in. If it is not permitted by the laws of the country or region you are in, the Terms will not exclude the rights you own under the laws of the country or region you are in. If some clauses of the Terms are considered by a court or arbitration tribunal with jurisdiction to be inexecutable, these clauses will only be executed to the maximum extent permitted by applicable laws, and the remaining clauses of the Terms shall remain fully valid.

(4) No Waiver. Except for the content specified in the Terms, the action and non-action of you and us will not incur any other right under the Terms. Our failure to exercise any right or provision of the Terms will not be considered as a waiver of such right or provision. Any such waiver of right or provision shall be effective only if it is in writing and signed by an officially authorized representative of us. Unless otherwise specified in the Terms, that either party exercises any remedy under the Terms will not affect that party taking other remedies under the Terms or in other ways.

(5) Third-party Rights. Individuals other than the parties of the Terms have no right to exercise any of the clauses of the Terms.

19. Contact Us

If you have any question about the clauses of the Terms, please contact us at wutheringwaves_ensupport@kurogames.com.